Legal Question in Criminal Law in New Jersey
Conviction and arrest for unjustified charges
the police officers arrested my friend because he had a warrant due to traffic tickets and the were stopped without any reasons they were interrogated if they had any type of weapons,illegal drugs, they were searched without a judges order.and the driver or conductor got arrested for the tickets that he had and some other charges that weren't revealed to family members and also in those charges were criminal charges involved as an officer stated. while in jail one of the officers contacted a family member by using the convicted persons mobile phone. what actions can we make over this matter.
5 Answers from Attorneys
Re: Conviction and arrest for unjustified charges
When a person fails to appear in court for a scheduled hearing the court often issues an order that the person be arrested by any police officer in the State of New Jersey and brought before the Court. The order is called an arrest warrant. It does not matter whether the underlying charge is minor or major an arrest warrant is an arrest warrant. Any police officer encountering the person named on the warrant is REQUIRED to arrest that person.
An arrest warrant gives the officer to search the
person and sometimes the vehicle he is found in for weapons and to inventory what person belongings are to be found on the person or in the car.
I just thought you needed to have this information to understand what happened to your friend.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Conviction and arrest for unjustified charges
First, your friend nbeeds to defend against the charges against him. Being stopped becuase he had an outstanding warrant is legal; that's why a warrant was issued. Routine questioning during a stop is permitted; the officers have a right to do a safety pat down search for weapons, needles and other sharp objects, and must conduct an inventory search when the arrested person is brought to the jail in order to account for all of their property. The use of the cell phone may or may not be actionable and the answer to that will depend on how, when and why the phone was used. As for the other persons in the car at the time, the have the ability to sue your friend for placing them in that situation; he had an arrest warrant out against him and criminal charges pending, but he still took them in his car, and unless he revealed to them that he was wanted by the police, then he is the cause of any inconvenience or embarrassment that they suffered that day. Your friend may wish to retain an attorney to defend against civil lawsuits by the other people who were with him in the car.
Re: Conviction and arrest for unjustified charges
The stop was legal since the warrant for the unpaid traffic tickets is the same thing as an arrest warrant. In addition to this, everything you describe the police as doing is also permissible under NJ law. However, the traffic tickets and criminal charges need to be defended against. I am an attorney who has handled many cases similar to yours in various courts in NJ in the past. I would like to discuss your case with you in more detail. Please contact me at your convenience. I never charge for simply talking to a person about their case.
Sincerely yours, -Ronald Aronds, Esq.-
Re: Conviction and arrest for unjustified charges
Very simple, he needs to get an attorney to examine the facts in more detail to see how best to attack the charges/evidence. It sounds like he may have a good shot of getting the case tossed out. My initial consultations are always free, so call me at 732/247/3340 and we'll discuss the case in more detail.
Re: Conviction and arrest for unjustified charges
Apparently, there is much you do not know about the situation of the persons arrested. If you will call me this afternoon I will make a few phone calls to provide you with more information.
Gary Moore, Esquire
Hackensack, New Jersey
www.dwitrials.com
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Related Questions & Answers
-
Question on 2C:25-10a(4) and 33:1-81b My friend is 21 and I am 19. My friend went... Asked 8/10/06, 12:19 pm in United States New Jersey Criminal Law
-
Credit Card Fraud what are the penalties for credit card fraud? Asked 8/09/06, 7:53 pm in United States New Jersey Criminal Law
-
My 19 year old mentally ill child was arrested for shoplifting My 19 year old... Asked 8/05/06, 11:43 am in United States New Jersey Criminal Law