Legal Question in Criminal Law in New Jersey

Summons NJS 2C:21-5C(2)

I had supplied a customer goods through my Corp. value about $4000 the customer had complaints so I agreed to give a refund in exchange for a goods. our driver collected the goods and gave the customer a check for $4000 when he returned and we checked the customer had only returned half of the goods. I then called my bank and put a stop on the check.

The customer said he would sue me for fraud because he said there were not sufficient funds available to honor the check. This was not the case and I sent my customer a letter from my bank confirming that sufficient funds were available to cover the check and had only stopped the check because goods were missing. Nevertheless I received a summons from a municipal court in violation of NJS 2C:21-5C (2)

What can I do? do I need a lawyer? Is this a malicious prosecution ? How much would it cost to fight this case? Can I claim my costs back if I win?


Asked on 10/27/05, 4:10 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Summons NJS 2C:21-5C(2)

Although this is technically a third degree felony you are charged with, if you are being summoned to the municipal court on this charge then the county prosecutor probably made the decision to downgrade the charge. Nevertheless, you still have to appear in court to defend against this charge. It sounds like, first, that you did not actually even violate the statute you are charged with and second, that you may have an actual defense to this charge (person attempted to defraud you by not returning all the merchandise). You may even be able to bring a charge against that person for failure to return the merchandise. If you would like to discuss this case in more detail you can call me to either talk on the phone or schedule an appointment to come in to my office. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 10/28/05, 9:02 am
Gary Moore Gary Moore Attorney At Law

Re: Summons NJS 2C:21-5C(2)

You seem to have been charged with a third degree crime which is punishable by a maximum sentence of five years imprisonment. You also seem to be not guilty and the charge seems to be baseless. The county prosecutor should be encouraged to treat the entire matter as a civl dispute best handled in civil court and to dismiss the charge against you.

I will quote a fee after a consultation in my office. You should visit my website and obtain my telephone number and call me for an appointment.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/27/05, 8:39 pm


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