Legal Question in Criminal Law in New Jersey

N.J.R.E. 404(b), 405 608

I was the victim of an internet scam. I am being prosecuted for passing fake American Express Checks. The prosecution has filled a motion under NJRE 404(b) for admitting prior bad acts.

The prior case in question was filled by a bank for issuing a bad check, I received PTI and the case was dismissed subsequently. There was no trial and NO conviction.

Can the prosecution succeed in getting this prior case admitted?

Also the prosecution is moving a motion under NJRE. 404, 405(B) 608 to stop me from testifying that I have noprior adult convictions.

They also want to exclude my statements to the police officers at the time of my arrest under NJRE 803(b)(1) and quoting State vs. Boyer 221NJSuper 387, 398 (App Div 1987)

These motions are to be answered by tomorrow. Can anyone help me?


Asked on 5/20/08, 11:54 pm

3 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: N.J.R.E. 404(b), 405 608

You have an attorney and he or she should be doing this for you. I suspect you are an attorney. If you cannot trust your attorney to handle a rather simple issue, you need a new attorney.

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Answered on 5/21/08, 6:31 am
Alexander Roytblat Tikhomirov & Roytblat, PLLC

Re: N.J.R.E. 404(b), 405 608

Theoretically, prosecution can introduce evidence of prior bad acts. And, in my opinion the can not prevent you form testifying as to lack of prior convictions. However it is all in theory!!!!! You are asking a questions that is virtually impossible to answer without knowing all of the facts and review of everything that is connected to your case, additionally it wouldn't hurt for and attorney to discuss this matter with a prosecutor handling this matter in order to ascertain their position. I do wholeheartedly recommend you hire a criminal law attorney to assist you in this case, otherwise you are risking to have very dire consequences. Best of luck.

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Answered on 5/21/08, 10:17 am
Kenneth Vercammen,Esq. Kenneth Vercammen

Re: N.J.R.E. 404(b), 405 608

Our office can probably help with your matter. Please schedule an in-office consultation to discuss your matter. Please visit our website www.njlaws.com.

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Answered on 5/21/08, 10:44 am


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