Legal Question in Criminal Law in New Jersey

4th degree theft, 3rd degree burgley

I robbed a house and stole a playstation. I am a first time affender with 2 felony charges. I jsut got a conditional discharge last week so id think i wouldnt qualify for pti. But I can still appeal the conditional discharge if it will work out better that way. I was parked on a corner and the police saw my buddy in the passenger side waving his hand out the window. So the police took that as probable cause to search the vechile I was driving. They found weed on the passengers lap and they charged both of us. I got a conditional discharge for that. For the felony charges I made a statement to them confessing what I did. But then I refused to sign the statement. The reason why I made the verbal statement was because they where herassing me. I was also on a bunch of pills at the time of the confession and everything was a big blur. I dont want anytime, I learned my lesson for real this time. Can you please give me some helpful advice.


Asked on 5/08/02, 10:24 pm

2 Answers from Attorneys
Evan Levow Lutz, Levow & Costello, P.A.

Re: 4th degree theft, 3rd degree burgley

You could seek to withdraw from the conditional discharge (CD). If the burglary charges occurred after the CD was entered, you will be violated from that program anyway.

Your best bet is to opt out of the CD, since, if you don't you won't be eligible for PTI, and you will end up with a record anyway -- which is the reason you wanted the CD in the first place.

Sounds like you have an issue with the search of your vehicle on the CD, also. Depending on the township you were arrested in, it might be easy to get you a good deal there, especially where your passenger seems to be the real guilty party.

Please call me to discuss all of this.

856-428-5055.

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Answered on 5/08/02, 10:51 pm
Savyon Grant Law Office of Savy Grant

Re: 4th degree theft, 3rd degree burgley

You can get removed from the CD status. The only problem is that the prosecutor in this new matter may not consent to allowing you to eanter into PTI. It is important to note that you are charged with a crime while you were on CD, which is not looked upon in the best of light!

On a 3rd degree charge you are facing up to 5 years in state prison and on a 4th degree up to 18 months. These are very serious crimes. I recommend that you hire an experiened attorney to represent you.

I specialize in criminal law in the state of New Jersey. I am a former NJ state public defender. You are more than welcome to call me with any questions or if you are interested in retaining my services. My phone number is 201-646-9600

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Answered on 5/09/02, 2:33 pm


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