Legal Question in Criminal Law in New Jersey
Domestic Incident court ordered restraining order
I just had my court date last night in Plainsboro Municipal court for something like 10 domestic charges. My girlfriend did not testify for the prosecutor. I had a public defender and he had told me that the prosecutor offered me to plead guilty to 2 Hindering charges and he told me id serve 1 year probation and $600-$700 in fines. Once the judge saw this deal, he denied it instantly. He then told me he would drop most of the charges but i had to plead to a criminal mischief and hindering. He sentenced me to 6 Months in jail, one year probation. The jail sentence however was a suspended sentence. He ordered that i complete anger management, my probation and he denied all contact between me and my girlfriend. My question is, is he allowed to put a restraining order on us even if she never had one in the first place. Even when this incident occured she didnt have one put on. I think its unfair to put me in jail for 6 months if i am to be caught with my girlfriend. What are my rights in this situtation. I NEED HELP!!!
3 Answers from Attorneys
Re: Domestic Incident court ordered restraining order
Bottom line is, you got screwed and now its going to cost you some money to fix this problem. I suggest you get a lawyer ASAP as you only have 20 days to appeal.
I'm right down the road from Plainsboro, so call me at 732/247/3340 to discuss your case. My initial consultations are always free.
Re: Domestic Incident court ordered restraining order
Your case seems to be completed. You seem to have been sentence to a jail sentence and the sentence was suspended and you were placed on probation. What kind of help are you looking for?
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Domestic Incident court ordered restraining order
The judge can't change a plea deal, create a new one that he likes better, and then order you to take his new plea deal. You had the right to a trial, which you could have possibly won if your girlfriend did not testify. Your public defender should have told you about your right to a trial. You have 20 days from yesterday to file an appeal in the superior court. It sounds to me like you have a couple of strong appealable issues. The end result of winning the appeal would be to have your case sent back down to the municipal court for a trial. Contact me if you would like to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com