Legal Question in Criminal Law in New Jersey

Re: Fraud

Your brother is foolish for not taking care of these charges. If he is a first offender, he is likely to get a diversionary program or probation, unless the amounts are above $75,000.00. Even then, he is not likely to go to jail if he can pay full restitution.

He is trading the peace of resolving that for a life of looking over his shoulder at every moment.

Answering your questions in reverse chronology, if your brother has been charged and fled the state, THERE IS NO STATUTE OF LIMITATIONS. The statute of limitations, 5 years in this instance, only applies if you haven't been indicted within 5 years of the offense and have done nothing affirmatively on your own part to prevent prosecution. It is tolled in the case of a fugitive.

Your brother is in jeopardy of spending time in jail regardless of whether the Prosecutor in New Jersey thinks it worthwhile to go get him. That process is called extradition. The decision to extradite is made on a case by case basis, and the limits on where to go to do so varies by county in New Jersey. Just like airfare to Florida is a bargain because so many people fly there, Extradition from Forida is a bargain because so many fugitives flee there. You can bet Florida is happy to send them back home. I'd say your brother would be extradited if arrested in Florida.

The decision is made by the County Prosecutor, and isn't ususally made until a fugitive is arrested in the other state, often as a result of a routine traffic stop. Even when the local authorities decline to extradite, a defendant will spend days in jail while the decision is being made.

If the requesting state decides to extradite, and your brother consents, he may wait a week or so for the arrangements to be made. If he attempts to fight extradition, he could spend 3 months while the formal request process is perfected. Most people consent.

Usually, for an extradition from Florida, the local jurisdiction doesn't send anyone, but relies on private transport companies, who travel by step van, stopping at lockups along the way to exchange prisoners. I understand it is a long and nasty ride.

Depending on the status and age of the charges, your brotehr may also have bail jumping charges. Nonetheless, as they say in the TV shows, unless he is able to evade arrest until all of the witnesses are dead or enfeebled, things will go easier on him if he cooperates.

I would be happy to consult with him. I do work in Cumberland, Cape May and Atantic Counties, and can refer him to a competant and certified criminal trial attorney elswhere if that is not where his charges are

Re: Fraud

NJ can go to Florida to arrest your brother. If the police are looking for him I assume that means that charges have been brought so there is no longer a statute of limitations issue - he is a fugitive and that tolls the statute of limitations. His mental illness can act as a defense, but it is not a bar to prosecution. Depending upon how the charge is written, that would determine the penalties. Since what you describe are felony charges though, he is facing heavy fines and potentially some time in state prison. In other words, these are serious charges. I am an attorney who has handled many cases similar to this in various courts in New Jersey in the past. Please contact me if you would like to discuss this in more detail. There is never any charge for simply talking to me about a case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com