Legal Question in Criminal Law in New Jersey

How Could they do this ??????

My husband was just sentenced to 10 yrs with 85% before he can get parole. He has been charged with conspiracy, robbery and 2 other charges. His friend did the crime as they were comming out of a bar together. There was no physicial evidence pointing to my husband only the fact that they were together. There was nothing taking from the victim which he did state during the trial . He said that he only felt tugging on his back pocket. So how can my husband be charged with 2nd degree robbery. Also there was a weapon involved some type of knife. The victim had minor cuts to his back and was released from the hospital a couple hours later. There was DNA evidence found on clothing which was only the victims and my husbands friend. There was 1 witness which was a correction officer which said he seen them together that night. He was found guilty after going on trail for 3 weeks. He's only 25 yrs old and I just gave birth to our 1st child 2 weeks ago and he has been in jail for 4 months. Can someone please help us !!!!!


Asked on 8/27/08, 8:58 pm

3 Answers from Attorneys
Michael Berman Law Offices of Michael A. Berman

Re: How Could they do this ??????

Get the public defender to file an appeal. It will be a lot of work (and time) before the appeal is decided, and nothing will make up for that lost time, but hopefully, he'll get out in a couple years.

We can discuss this if you'd like, but whatever happens, get something filed quickly as time is ticking on the appeal period.

Mike

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Answered on 8/28/08, 1:49 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: How Could they do this ??????

Well something obviously went wrong somewhere. My guess is that he did not pay much for his attorney because his attorney should have protected him. I could be wrong, but I doubt it. He has 45 days to file an appeal. I would be happy to discuss the case with you. He needs someone to really put in an amazing effort on this appeal or he won't see the outside for 8 and half years.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 8/27/08, 9:09 pm
Gary Moore Gary Moore Attorney At Law

Re: How Could they do this ??????

My guess, not having witnessed the trial, is that someone did not do something or something was overlooked.

It's very hard to fix a broken case. In fact, I hate it that someone went to the wrong lawyer, instead of coming to me.

What is necessary to to review the trial in a minute manner, along with all of the police reports and all of the witnesses. This is a lot of work.

Has an appeal been filed. The public defender's office's best lawyers are in it's appellate section.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/27/08, 9:21 pm


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