Legal Question in Criminal Law in New Jersey

Municipal Court - Changing a Plea

My son received a summons for smoking at high school and the Health Dept. issued a summons. We were supposed to have a meeting w/school officials and the DARE officer before his court appearance, but it did not. Last night he entered a not guilty plea. We then saw the officer outside of court and he said that there was no way it was mistaken identity. Do we have to get a lawyer for our next appearance, have witnesses, etc. or can we simply show up and plead guilty to the charges/pay fine. There were 3 boys that were caught-the officer claims 2 were smoking - my son insists he wasn't and the other boy is same size/name and wearing same-type clothes. Obviously at this point he realizes he is doomed w/the officer insisting it was him and we don't want to have to spend extra time/money to find out what we already know.


Asked on 5/11/06, 7:47 am

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

Re: Municipal Court - Changing a Plea

If you just want to show up and put through a guilty plea, you do not need a lawyer unless the Judge instructs you otherwise. However, I do suggest you see a lawyer to at least discuss the issues in the case and the possible ramifications. If your son wants to go on to college and other schools, he may have to disclose it on the application. A lawyer may also be able to work out some other resolution.

If you have witnesses, I would suggest you get a lawyer and fight it, especially since you are not permitted to plea guilty to something you did not actually do; that would be perjury as you have to give a sworn factual statement as to what you are actually guilty of.

All of my initial consultations are free. Call me at 732/247/3340 so we can discuss your case.

Good luck,

Jef Henninger, Esq.

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Answered on 5/11/06, 3:31 pm


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