Legal Question in Criminal Law in New Jersey

I was 19 years old and I was in jail for C.D.S and Assault, my bail had been revoked and I wanted a trial because the assault charge included 7 other people but I was the only one arrested. While I was in jail I was brought to municipal court for a arraignment, the charge was possession of a firearm. I was surprised because I had been in jail for 4 months! My lawyer barely came to see me so after 7 months I decided to take a plea on the assault and drug charge because I refused to tell on the other kids that were there. when I entered my plea I asked my attorney {after I signed the plea} what about the gun charge. He said "what gun charge" so I told him,I will take the plea but go to trial on the gun. I did'nt even see a judge that day but a month later I was brought to court and the plea was amended with the gun charge, I said I want to plead to the gun, the prosecutor said if i don't take the plea including the gun he will revoke the plea for all the charges and go to trial for everything. Bad advise from my lawyer and being in solitary for 5 months straight took it's toll so i gave up and plead guilty,can I go back and try to fight this? i am 27 now and served 30+ months and finished my whole sentence which was a 4 flat,now I can't even get a job.


Asked on 1/18/10, 6:28 am

1 Answer from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

The only possible option you have is a thing called a Petition for Post Conviction Relief. You have five years from the date of your sentencing to file this. Usually the basis for it is that you had a bad lawyer and if he had not been such a bad lawyer you would not have had such a bad result and therefore you should be given a new trial. Most people file for post conviction relief when they are still in jail and looking for a way to get out of jail sooner.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/23/10, 7:55 pm


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