Legal Question in Criminal Law in New Jersey

Ive been charged with possession of Weapon 4th degree in nj. its all started when me and a few friends of a friend came from the county jail from a visit, soon after we left from there we went to see the drivers friends out to drop her off. but as we pulled to her house we seen the cop parked in the other lot facing her house. After we droped her off and started to head back to drop me off, the cop pulled behind us as soon as we left her house. He pulled us over about 200 feet from the parking spot we just left. I knew we didn't do anything wrong so i pulled out my blackberry and started to record the stop because i know something was suspcious so i stared to record the stop. came to the driver side window, we asked him what is your probable cause was how much marijuana is in the car, yes i do have this recorded. We told him we don't know what you talking about. after a while i told him im recorded him then after that he changed his story saying the probable cause was the back tail light was out. Thats when i knew i had him, i told him to call his superior because I wanted to file a complaint on him. About 1 min later another cop comes to my window and started to ask me thing, soon after i was told to get out the car to be search me (mind you im in the back seat). I was searched the had me sit outside of the car to wait for the cop's superior. When the superior got there I told him that i want to file a report on the cop, He called over the cop and told him im filing a report and told him to finish up the car stop. He then told his superior he smelled marijuana in the car and had to search the car. Then they had everyone to get out the car so the can search it. but before they did they searched everyone who was in the car. Then searched the car where he found my work box cutter (CVS) and then asked who box cutter it is, i said its mines. then he locked me up an put me in the car.The driver of the car never got a ticket for the stop.

about 2 weeks later i got a Indiment in the mail. a few months pass and i beed to court about 2 times a month for the pass 10 months waiting for them to bring the evidence and the cop to court for my probable cause hearing. Then one court date i got the time mixed up and was late to court, to my suprise two undercover 2 sheriffs was at my door looking for me because i was late. the take me to court in cuffs. i had got a lil bit of time to talk to my pd and i asked him why am i in cuffs, he said because you late for your trial. I said TRIAL!! no one told me about this, he didn't repied. When i got in to court I told the Judge i did not know about any trial, again no repied. for the 1st time the cop shows up for the hearing, the cop took the stand before he could of said something the judge said i know ur father. the cop gave a different story then what is on the paper and video. the Judge said u had probable cause. At the time i had one kid and another on its way so I couldnt do jail time so i took a open plea.

here's the link for the video

http://www.youtube.com/watch?v=OFO9ZwMJzf8

My Question is can I take this back to court even tho it been almost two years, and what grounds do I have to sue because I lost my job over this.


Asked on 7/01/12, 11:37 pm

1 Answer from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

If I understand your story correctly, you had a Public defender for this charge and you worked out a plea and entered a guilty plea pursuant to a negotiated plea bargain. can you take back your plea and have your case reopened? not likely, it would have to be shown that you were not properly advised of your rights, failed to understand the circumstances surrounding your plea and would need compelling reasons to reopen your case by filing an application for post conviction relief. You never mentioned what you received at your sentencing. Please also keep in mind that in reality you cannot take back your plea because you only had 45 days to file an Appeal from the date of your sentencing. at the time of your sentencing, the Judge should have reviewed with you an Appeal Rights form that was prepared by your attorney on your behalf. if it is two years later then you are way out of time for that, Do you have ground to pursue an application for Post Conviction relief, I cannot Answer that because I still do not have very much knowledge about your case and you need compelling reasons to even pursue an application for PCR. You have five years to pursue one, but i cannot tell from what you have written whether you have grounds to pursue anything. good luck or feel free to call with any further questions (201)-342-5030

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Answered on 7/05/12, 1:46 pm


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