Legal Question in Criminal Law in New Jersey

held overnight on simple assault

my husband was arrested and kept overnight on simple assault charge. I never pressed charges (this is a domestic violence case). Did the police have a right to keep him overnight when they promised he will see the judge right away? This was in Fort Lee NJ. Thank you.


Asked on 7/07/06, 3:45 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: held overnight on simple assault

Unfortunately for your husband the domestic violence guidelines that the police are required to follow mandate that where one party appears to have been injured or otherwise criminally wronged by a domestic partner the domestic partner must be arrest on the basis of this impression.

Once one is in jail getting out becomes subject to the availability of the judge, bureaucratic red tape and police shift changes. If they were justified in arresting a reasonable delay in releasing him is of no legal consequence.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/07/06, 4:05 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: held overnight on simple assault

Yeah, they were correct. The bigger issue is what is going to happen with the actual charge. If you don't want to press charges and money is an issue, then you may not "need" an attorney. However, police and courts do not like DV cases are aren't always ready to dismiss them. While this isn't a very serious charge, he can still get a criminal record which may lead to other consequences. My consultations are always free, so you can call me at 732/247/3340 and we'll discuss the issues involved and the options you have. Then you can decide if you need an attorney or not.

Good luck!

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Answered on 7/07/06, 4:52 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: held overnight on simple assault

What the police did was legal. However, your husband now has a simple assault charge filed by the police that he has to contend with. The potential penalties for a simple assault can be pretty severe, being up to a $1,000.00 fine and various other lesser costs as well as up to 6 months in the county jail. I would advise him to consult with a lawyer about the charge he is facing. I am an attorney who has handled many cases similar to this is various courts in New Jersey in the past. I would like to discuss this case with you in more detail. Please contact me at your convenience. I never charge for simply talking to a person about a case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 7/11/06, 3:16 pm


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