Legal Question in Criminal Law in New Jersey

I have been indicted on a charge of Agg. Assult with deadly weapon. I had my first court appearance today. What I don't understand is that on the original complaint I am actually charged with a DUI -caused accident with minor injuries to the victim. How can I be indicted for this crime when I have Yet to go to Municipal Court for my DUI. In other words, I am still charged with a DUI, but have not come to trial on that charge, so I have not been convicted of DUI, but I'm already going to trial on the accident, that was based on the DUI charge. Am I not still innocent until the Dui is proved? (I have reason the beleive I will be aquitted in the DUI charge. But how can they try me as though I am guilty on the DUI that is alleged in the Agg Assult Indictment. Don't I have to be found quilty of one before the other can go foreward? Is'nt assumming the Dui conviction assuming facts not in evidence?


Asked on 12/04/10, 9:09 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

The DUI/DWI is a lesser included offense of your AAWDW charge. I assume you don't have a good attorney, otherwise he or she would have explained this to you. I suggest you do whatever it takes to get one. Clearly you had enough to bail yourself out. Call me at 732/773/2768 to discuss.

Read more
Answered on 12/10/10, 4:52 am


Related Questions & Answers

More Criminal Law questions and answers in New Jersey