Legal Question in Criminal Law in New Jersey
Can you help me?then please tell me something good.
I was charge with a possesion of a weapon.firearm 32 cal..They did a illegal search,so would i like to know is can i get apeal.so that i can get my charge drop to a misamineor,or can i get it expunge.oh by the way i receive 2 years probation for the charge and i completed that.i'm sorry for the misspelling.
3 Answers from Attorneys
Re: Can you help me?then please tell me something good.
You have 45 days to appeal from the date of your sentence. After that, you may be out of luck. I would have to know more about your case to give you a better opinion as there are alternatives out there but they aren't easy.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: Can you help me?then please tell me something good.
I am not certain I understand your situtation. Are you saying that you plead guilty and are now on probation and wish to take back your guilty plea?
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Can you help me?then please tell me something good.
When was your conviction? You only have 45 days from the date of your conviction to file an appeal. You can then get a 30 day extension. It sounds like you are out of time for an appeal.
If you crime is one which can be expunged, and off the top of my head I don't know whether it is or isn't, you have to wait 10 years from the time you finished probation to be eligble for epungement.
There is a process to challenge your conviction after the appeals process is over, called post conviction relief, however it is not available to challenge issues which could have been raised on appeal, and an illegal search is one such grounds. An exception would exist if you did not discover the illegality until after the time for appeal had run.
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