Legal Question in Criminal Law in New Jersey
NJ Auto Insurance Fraud Defense
My sister has retained an attorney to defend her on charges of insurance fraud re her failure to report that one of her 2 vehicles which her son was borrowing was being parked in another state overnight. (This occurred during a period when her son, a NJ resident, was relocating to NY for his job.
Negotiations between the attorney and the NJ attorney general are still continuing.
My sister is a licensed nurse, and a psychiatric clinician in the NJ. The attorney general is threatening to go to the Nursing Board to revoke her license, along with her dirver's license--both of which would leave her without gainful employment.
She is not a criminal. No one was hurt, and no monies were paid out by the insurance company that insured her vehicles. She will pay fines or penalties for her mistake, but does not believe she is guilty of fraud. Her attorney does not appear to be representing her fairly.
Do we have any other legal recourse?
3 Answers from Attorneys
NJ Auto Insurance Fraud Defense
Your sister has two options: Negotiate a deal with the attorney general, or fight the charge. Based upon your description of the situation, it appears that she has good defense material to use. Fighting the charge requires, of course, a lawyer who has the ability and the interest in fighting for her. If her present lawyer lacks either (or both) of those qualities, her only recourse is to seek a different lawyer.
Re: NJ Auto Insurance Fraud Defense
Must agree with Mr. Marain. It sounds like she needs to consult with another attorney.
Re: NJ Auto Insurance Fraud Defense
I agree with both attorneys. Your sister must discuss this matter with another attorney. The real questions I would have are what was she indicted on? Was she indicted or is this matter pre-indictment? What evidence does the State have against your sister?
These are very important questions that must be reviewed to make any proper determination in any criminal matter.
Based on the review of the evidence & based on what you are saying, it would appear that your sister may have a valid defense and maybe should go to trial on this matter.
There are a lot of questions that any attorney should have prior to make a recommendation to your sister in this matter.
I do not charge for the initial consultation. If your sister would like she can call me at 201-646-9600.
Very truly yours,
Savy Grant
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