Legal Question in Criminal Law in New Jersey
Mishandled case, Need some advice desperately
This is what happened exactly.
I was pulled over on mardi gras Tuesday night, for ''rolling'' a stop sign. It was around 10:20 PM had not had one drink. My brother and my friend were in my car both over the age of 21. The cop walked up with the mag-light looking in the car. I handed him my information. My friend in the back ditched his alcohol in the back seat to the left of him behind my seat, like a good friend would do, putting an opened container directly behind my seat. Not to my knowledge, of course. I was pulled out and searched and I had brass knuckles in my back pocket that I typically carried during college, which is located in a horrible area. Regardless I was arrested, He gave me a summons for the knuckles (4th degree), and a borough ordnance for the alcohol plus the traffic ticket. I showed up for court and requested an attorney. The judge suddenly decided to indict me to the grand jury and said I would receive papers in the mail and didn't say anything about the alcohol violation or the ticket rather then I had been charged with them, didn�t plea guilty or not guilty officially. I was also never asked once if I had been drinking yet it was assumed they were mine. Any help on what I should or can do?
3 Answers from Attorneys
Re: Mishandled case, Need some advice desperately
A charge involving a crime of the fourth degree or greater can not be handled in municipal court; it must be sent to the county prosecutor for review and decision as to whether it should be presented to a grand (large jury of 23) to decide by a majority vote whether a formal charge should be issued, called and indictment, which must be considered by a petit (small) jury of twelve as to whether the jurors unanimously agree that the defendant has been proved to be guilty of the crime charged beyond a reasonable doubt by the State.
All lessor criminal , quasi criminal, offenses are sent along with the criminal charge so that all matters can be disposed of at the same time in recognition of a defendant's right to face prosecution for conduct in a single incident only once.
Should hire an attorney to represent you as to the prosecutor's review of the charges and other disposition of the charges against you.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Mishandled case, Need some advice desperately
I suggest you get an attorney ASAP. For borderline cases (4th degree) like this where we can get in the case pre-indictment, there is a good chance that we prevent the case from going to Grand Jury.
There may also be a motion to suppress issue here since I don't see how the cop was able to find the brass knuckles. If the evidence gets dismissed, there's essentially no more case. There are also other legal issues which make your case a good one and it shouldn't be very expensive for you to fight, especially pre-indictment. Contact an attorney ASAP and make sure he/she has a plan for how to attack this case.
Jef Henninger, Esq.
732/247/3340
Re: Mishandled case, Need some advice desperately
You shuould never go to court on any type of criminal charge without an attorney. A fourth degree weapons charge (the brass knuckles) is potentially very serious, and you could actually go to jail if you are convicted. From what you describe it sounds like there may be a basis for filing a motion to suppress both for the alcohol and the brass knuckles. I am an attorney who has handled many cases similar to yours in various courts throughout NJ in the past. Please contact me to discuss your case 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
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