Legal Question in Criminal Law in New Jersey

getting thrown in jail for slapping brother

Hello,

My cousin got thrown in jail for smacking his younger brother. Both are adults. The younger brother was arguing loudly with his mother, which led to a disturbance call and police came. During which, the older brother, when he found out about this, went to the scene and gave a smack to his younger brother to try to get him in line. The police that were on scene saw this and threw the older brother in jail. He's been in there since last night. Can they throw him in jail for this? How long can they keep him? What can we do to help? He is not a violent person and actually was not even involved in the original disturbance scene.

Thank you,

Sanjay


Asked on 7/30/06, 12:53 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: getting thrown in jail for slapping brother

When the police witness an offense they are obligated to arrest. It was rather bad judgment to smack his brother in front of the police; they are not disinterested bystanders.

Bail must be set to get him out of jail. It should be set by now. Call the police station or the jail where he is being held to inquire about the bail.

Call me tomorrow if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/30/06, 8:31 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: getting thrown in jail for slapping brother

Your cousin committed an assault against his brother, which is a violation of the New Jersey criminal code. The police did their duty in arresting your cousin for hitting his brother in front of them. Since he was not even involved in the incident between the mother and the first son, he really had no reason or basis for attacking his brother. I understand that he was angry at his brother because of the situation with their mother, but that is not a valid defense to the assault charge. Regarding him getting out of jail, on a case like this the police set a specific amount as the bail needed to get out of jail. When somebody pays that bail, your cousin will be released from jail. I am an attorney who has handled many cases similar to yours in various courts in New Jersey in the past. I would like to discuss this case with you in more detail. Please contact me at your convenience. I never charge for simply talking about a case with a person. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 7/31/06, 12:47 pm


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