Legal Question in Criminal Law in New Jersey

Assault Charges

My friend was involved in a domestic dispute two years ago. The TRO was dismissed. However a state trooper charged him with assault. No court documents for him to appear were received. Nor was he notified that a state trooper was charging him with assault. According to the court clerk, the court sent information to the wrong address. In May of this year a number of state troopers came to his residence without a warrant. The state police said they had a warrant for his arrest. He asked to see the warrant and it was not shown to him, nor did they read him his rights. He finally received a court date in July to appear in August. He went to court and the Prosecutor wanted to make him a deal. So the Prosecutor recommended to the courts that he stay out of trouble for six months and go to alcohol and drug abuse classes. The court will not release the bail money until 6 months. The dilemma is that this occurred in 2006 and he never received any notification from the court that a state trooper was charging him with assault. He feels that his civil rights were violated and he has not been in any trouble. Why should he agree with the Prosecutors deal? Most importantly, should he accept this deal or get a lawyer?


Asked on 8/16/08, 9:24 am

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Assault Charges

He should speak to a lawyer before he does anything. However, I doubt the deal will get much better. You didn't mention it, but I assume that they will drop the charges. Kind of hard to do much better than that?

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Answered on 8/16/08, 9:46 am
Gary Moore Gary Moore Attorney At Law

Re: Assault Charges

You seem to not quite understand what happened in court. My impression is that what probably happened is that you friend was admitted to first offender treatment requiring six months of supervision by the probation department during which time he would be required to go to alcohol and drug abuse classes. If you friend was under the influence of alcohol or drugs where the incident ocurred the settlement proposal might be a good one. I would have to talk with your friend to be certain about this conclusion.

Your friend can call me if he wants.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

201/602/8090

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Answered on 8/16/08, 10:08 am


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