Legal Question in Family Law in New Jersey

Hello, My name is Darnell. I am 21 years old. I live in East Orange, New Jersey. On January 6th my Mother was trying to lock me out of the house (I was living there) because she thought i was trying to invite friends in while she was about to leave out for work. Just as she was about to close the door on me, i ran to it and pushed it open and we both were struggling, her trying to close the door and me trying to open it.she let go of the door and grabbed me but the collar of my shirt and yelled at me. I struggled and pushed her off me with my forearm but she thought i was trying to choke her. I walked to my room and she was behind me yelling. I have a little dull butter knife that i open mail with, unscrew things with, and clean my fingernails with and turn my computer on with because the power button is missing. I picked it up and as i was about to use it to turn the computer, she said something that kinda made me angry and i started yelling back with the knife in my hand. I never even walked near her, threatened her or touched her with the knife. Somehow she got the idea that i was gonna stab her. She told me to get out and i put the knife back on the computer table and left. I ended up spending the night at my friends house. The next day as i was about to go back home i got a call from my cousin who heard about what happened and she informed me that my mom put a restraining order against me and the cops were looking for me. I turned myself in and i was charged with Aggravated Assault, Assault with a deadly weapon and possession of a deadly weapon. My bail was $15.000. I was locked in the East Orange police precinct for 2 days and then moved to the Essex county Correctional Facility where i stayed for 3 days. I Had to attend video court and my mom came and she attempted to drop the restraining order and charges, but the judge said for her protection the restraining order had to stay. My bail was lowered to $5.000 bond over $500 cash which was paid by my mother the same day, and i was ordered to attend domestic violence and anger management classes for 26 weeks. I was released the next morning and had to stay at my friends house which i still am doing. I received a letter at my friends house from the public defenders office saying i would have trial at Superior Court and i had to speak to my public defender as soon as possible. I spoke to her and told her my story. She said they were 3rd and 4th degree charges and hopefully the case could get sent to a different court such as family court or municipal court. Time went on and now i received a letter from municipal court of East Orange stating that i have to be in court on April 28th, 2011. I'm really nervous because this has never happened to me before. I have never been arrested or charged with a crime. My public defender also said she can't represent me in this level of court. Could i end up going back to jail if I'm guilty? Whats the worst that can happen to me?


Asked on 4/21/11, 10:09 am

4 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I am really surprised that you can not get a public defender. You have to go to court on the date that you were told to appear. You really need a lawyer.

If you want me to help you, let me know. However, I do not work for free, but I will try to be as inexpensive as I can be.

You may want to ask the Court to appoint a Public Defender when you go to court again.

Let me know if I can help you.

Robert Davies, Attorney 201 820 3460

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Answered on 4/21/11, 10:18 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I suggest that you speak to an attorney about this case. We have an office in Clifton, so feel free to call us at 732/773/2768 to discuss.

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Answered on 4/21/11, 10:23 am
Larry Raiken Larry S Raiken LLC

You should be able to get a Public Defender in Municipal court. If you do not qualify please contact my office to seet upa n appointment and request an adjournment from the court to get a lawyer

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Answered on 4/21/11, 10:46 am
Gary Moore Gary Moore Attorney At Law

You do not seem to understand that your mother deserves more respect than your trying to force your way into the apartment. If I were she I would not drop the charges. You are fortunate that she has such love for you and you seem to have no concept of the great wrong you perpetrated against the woman who gave birth to you.

As you can see I am not trying to get your business. This is because I would not feel right representing you when I have such strong feelings against what you did.

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Answered on 4/21/11, 1:23 pm


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