Legal Question in Criminal Law in New Jersey
Unregistered weapons charge
I was charged with having unregistered rifles and an antique handgun after my house was searched. I have one lawyer who tells me I must arrange a court hearing BEFORE I am endited to make a deal because if I wait until I am endited it is a mandatory 3 year prison sentence. My other lawyer says there is nothing I can do until I am endited and I will be wasting my time and money trying to do anything before the actual enditment. Which one is correct? Thanks -JB from NJ
5 Answers from Attorneys
Re: Unregistered weapons charge
In the New Jersey criminal court system, you are given a pre-indictment hearing at which time a plea offer is extended to you. If you wish to accept the plea at that time, then you can get the lowest possible plea offer from the prosecutor. If you reject that offer, then the prosecutor sends your case to the grand jury for it's review, and if they find that there is probable cause for the complaint being issued against you then you will be indicted. If you are indicted then you have to go back to court and you will be offered a worse plea offer than at the pre-indictment stage. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
ww.njworkerscompensationlaw.com
Re: Unregistered weapons charge
I agree that the first lawyer sounds like he is wrong, but he is is giving you great advice. Your need an attorney to call the prosecutor to work something out sooner rather than later. I suggest you pick an attorney sooner rather than later and have him or her call to get this moving.
Re: Unregistered weapons charge
Generally, once a case is indicted the da's office is limited in what they can potentially offer on a case. If you are able to hold off on an indictment, because of the fact that you are interested in a potential plea, then it would only be to your benefit because of the fact that you may be able to end up with a much better deal than possible after the indictment, simply because the law would permit a greater level of leeway.
feel free to contact our office for an further assistance you may need. you may reach us at 212.709.8303
Re: Unregistered weapons charge
Pre-indictment plea bargaining is supposed to be the time when the prosecutor makes the best offer that he will ever make to you. Depending on the county where your case is venued this rule is enforced consistently or inconsistently. The reality is that the State does not want to spend the time and money trying your case when it can be resolved without a trial and, assuming you have not
committed some heinous crime, a deal is a deal is a deal whenever it can be made.
The formal cut off date for a plea bargain is usually set after indictment and this rule is enforced inconsistently because the prosecutor is always worried about the expense of trial and
the possiblity of losing the case.
Probabity you will be able to get the same deal after indictment, but there is some risk, small or large, that you will not.
Now, lie down and rest. Your head has to be spinning.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Unregistered weapons charge
Sounds to me like they are both wrong. Unless you question doesn't have all the facts, the charges you have accrued, while serious, don't seem to require a minimum mandatory prison sentence.
Aside from that, depending on the county where your charges occurred, it is never to soon to evaluate the case and work toward a disposition.
I'd give the edge to the lawyer who wants to try to do that.
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