Legal Question in Criminal Law in New Jersey

Re: Assualt - Domestic Violence

Depending upon the municipal court judge dropping the charges, mutually, can be easy or a hassle, but they will probabily be dropped. Some judges like to impose a period of good behavior before the dismissal.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw

Re: Assualt - Domestic Violence

I generally agree with the replies already posted by the three attorneys that have responded to your question. All make valid points regarding how these matters are handled and what the potential outcome could be.

I am replying, however, to address the record part. Even if the charges are dismissed, both of you will now have an arrest record. If they are dismissed, you will qualify for expungement of your record immediately.

If you are unable to simply dismiss and must plead, or are found guilty, you will have an arrest and the conviction on your record and these can not be expunged for between 2 to 5 years, depending on what the final charges are.

You can learn more about New Jersey criminal record expungement and the requirements by visiting: www.expungemynjrecord.com. Feel free to contact me via e-mail, or telephone, etc. for a free consult on the underlying Municipal Court matter or the expungement as there is no fee for consultations.

Thank you,

Daniel Kelley

(856)616-8080

[email protected]

Re: Assualt - Domestic Violence

If this happened in Passaic, the charges will not be dropped. The prosecutor there has a "no mutual dismissal" policy. Meaning the case has to be tried. That could get ugly and expensive. However, the rest of the courts don't have this silly policy. The court will dismiss the charges if both of you are able to establish a reason for the dismissal that makes sense. There are court costs from $50 to $100 per charge (depending on the municipality), even if all charges are dropped. Many people choose to be represented for this type of scenario--just in case. call 201-646-9799 for further info.

Re: Assualt - Domestic Violence

Your situation is a common one. Some municipal court Judges and Prosecutors understand this and make it relatively easy for both of you to mutually dismiss the charges against eachother once they have determined that neither of you is being forced or coerced to do it. An attorney can facilitate this. Some Municipalities make it much more difficult to simply "dismiss" the charges. As a practical matter, it is very hard to pursue charges if neither party is willing to testify since presumably you were the only two people present to witness what happened. An experienced criminal defense attorney will be able to guide you through this potentially sticky situation and offer you some creative ways to get out of it. As for having a criminal record: It sounds like you were both charged with simple assault which is classified as a Disorderly Persons Offense in New Jersey. If not resolved by way of dismissal, it will show up on your criminal record. The maximum penalty for a disorderly person offense in New Jersey is 0-6 months in jail, a probation sentence and/or a fine. Jail is highly unlikely for first offenders. See a lawyer. [email protected]