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| Miranda, Was my arrest by the books? |
| Other Crimes – Federal and State |
I was arrested in NJ, after full investigation, I was told I was being charged w/ a crime. there was some concern about the cuffs fitting correct as I am a larger then avg man. so after finnally cuffing me, while cooperating w/ police... No one Mirandized me. (I was not read my rights)
I was placed in cop car, then to jail, never having recived this?
does this have signifficant bearing on my case?
Is it manditory I am read my rights?
what kind of impact does this have on me getting charges dismissed on this minor incident?
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| underage posession of unopened liquor? |
| Arrests, Searches, Warrants & Procedure |
I'm 20 years old and live in Elmwood Park, NJ. I drove someone, whom I thought was 21, to the liquor store to purchase alchohol. I waited in the car, and he sucessfully used a fake ID to purchase the alcohol. As we were driving back to my apartment, I was pulled over for making a wrong turn onto a one way road. I explained to the cop that we were comming from the liquor store, and he asked to see both of our ID's. The person I was with handed them his fake ID and he was obviously caught. We were both arrested.
I recieved 3 traffic tickets: one for "wreckless driving", one for "Careless Driving", and one for "wrong way on a one way street". Also, a court summons that reads "....did: while under legal age to purchase alcoholic beverages , knowingly posess without legal authoity in a motor vehicle, specifically by having a liter bottle of bacardi rum and segrams seven whiskey. A violation 2C:33-15 A disorderly person offense."
Being that alcohol was unopened, and that I did not ever use or own a fake ID, and that I didn't purchase any alcohol myself, was the officer correct to charge me with this? My court date is only days away, and I'm wondering how I should plea.
My main concern is the traffic tickets I recieved. Because my license is currently on probabtion, meaning that If I get another moving violation, they will revoke my license for several months. Is there any way to work something out that will dismiss these traffic tickets?
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| Failiure to Appear Bench warank |
| Arrests, Searches, Warrants & Procedure |
| The issue is as follows I am being charged with theft by deception in 3rd degree it is my second time facing this charge in the firs time I plead guilty and was sentenced to 3 years probation and restitution. I was late 5 minutes for my very first aappearance and a bench warrant was issued and a second date was filed for 09/21/09 specifically and for some reason I thought it was on the 25th consequently I have a warrant again I have never before skipped a court date or a probation date for that matter I am going in front of the judge on friday 25th or monday 28th with my lawyer and a friend is going to acompany me who happens to be a hudson county sherrif's officer to speak on my behalf I have also been in contact with my Bondsmen who says he has absolutley no problem reinstating my bond, what are the chances I may get locked up on the spot or will the judge be flexible and give me a chance..... Please help I really will loose a lot more than just my freedom if in fact this judge does not allow me to remain free as I am just starting to get my life in order...
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| Can I retract my plea? |
| Sentencing / Parole / Pardons / Plea Bargains |
In April I was arrested with a codefendant (my sons father) for drug, gun, and rec'ing stolen property charges. He took a plea and said in his testimony that the drugs and the gun were his and he had them in my home without my prior knowledge. His lawyer said that if he did this I would "get off the hook". When I went to court on this past Tuesday, my lawyer told me that they were not going to drop any of the charges, but they would agree to let me plea to the rec'ing stolen property and give me non-custodial probation. I informed my lawyer that I was not comfortable with him representing me as he represents my codefendent in family court. He said that it didnt matter and he never even brought my concerns to the attention of the judge. I took the plea because the lawyer scared the living daylights out of me and said that if we went to trial that I would probably get convicted because my codee was not a good witness based on his background. Here are my issues and concerns that I would like help with:
1 - Can I retract my plea due to the fact that this lawyer represents both me and my codefendent in different courts, and I dont feel as if he was looking out for my best intrest?
2 - Why would the state not drop the charges on me if the other person charged took total responsibility for the accused crimes, and even stated that he would take full responsibility for the stolen property?
3 - Can I be charged with perjury if the court finds out that I really had no idea that there was stolen property in the home, but I testified that I did know just to get the plea??
Thank you for all your help!
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| Sexually Assaulted, now harassed by the assaulter. |
| Other Crimes – Federal and State |
A couple months ago I was raped by a person I thought was my friend. I did not take legal action. I now believe I obviously should have. Being in that situation was hard and I didn't know where to turn. Anyways, my question is ...now the guy who assaulted me is harassing me via networking sites. Sending messages mostly full of name calling and stupid childish stuff like that. He did threaten me in a couple of messages though.
What I need to do know is how to go about putting a order against him. After what he's done to me and now the threats, I am scared for my safety and those who I love. I know the law doesn't just give out random restraining orders for no reason so I'd like to know how to go about doing this.
TIA!
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| Emancipating a pregnant minor |
| Juvenile Law |
My friend's daughter is 16 and pregnant. She's gone to a shelter and was told that they cannot take her because she is only 16. My friend has been told by DYFS that she can only emancipate her daughter if the daughter receives child support????? This child is 16, has a criminal record for shoplifting and is under house arrest. She is SUPPOSED to be in school and is not going. She has also been leaving the house.
My friend is at her wits end and has spoken of taking her life. I am extremely concerned for her. What rights does SHE have??
ANY advice is most sincerely appreciated. I don't know how else to help her.
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| statue of limitations |
| Drunk Driving / DUI / DWI |
| What is the name of your state (only U.S. law)? New Jersey ...I was convicted of DWI in 2005. Sentence was jail and rehab. I never went and moved to Arizona. Is their a statue of limitations for this crime? Can I move back after 7 yrs.?What is the name of your state (only U.S. law)?
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| Pulled Over after picking up thought to be trash in AC casino Parkingdeck |
| Other Crimes – Federal and State |
I entered the showboat parking structure Atlantic City NJ on 12:30 pm alone. I arrived there to redeem a casino coupon that I had been keeping in my wallet. While I was circling the parking structure looking for a space I noticed a disheveled pile of items on the ground in an empty public area of the parking deck. There was a distance of about 40 yards from this pile of items to the nearest car, making my point that these items could be left behind as someones trash. The area around the items was empty of cars and people that would be concerned at the loss or invasion of privacy of the items laid on the ground open to see inside. I looked for identifying information these bags had no names, addresses, or contact information on them.
Having come upon this scene in its entirety I made a assumption that these items were abandoned and left in this area as trash.
Upon closer inspection the items were in very worn condition and open with clean and dirty clothing mixed together inside them. They were awkwardly arranged on the ground. All the items were completely unzipped. They were not neatly placed but looked as if they were tossed there and abandoned with some of there contents on the ground. One case was on its side and open. Another case was wide open on the ground and some of it's items were around it on the ground. Upon closer inspection I found that the items in the two suitcases contained mostly soiled clothes. The entire contents of these bags were disheveled and tossed in to them. There were no neat and folded items in the bags at all.
There was a third bag that was in total disrepair with some chemicals in it. This item was not involved in this case as it was very dirty and also wide open. I looked at it and noticed the cleaning chemicals were leaking with in the bag and did not give it a second look. I did not detect anything dangerous, but I thought someone might have removed these items cause of one of the cleaning chemicals spilled.
This further let me to believe these items were abandoned. I have seen many people leave behind items in these parking deck structures Most of the time these items are clearly broken and trash and should have been placed in a trash receptacle, but just get tossed on the ground because people for whatever reason feel they can. I investigated these items in the showboat parking deck and believing they were trash. I believe my mistake in judgment could have happened to anyone. I know now that my actions were 100% wrong in dealing with this situation. Items left behind even if in the street should not be considered trash but should be considered lost personal property. I made the mistake of believing these items were the same as someone dragging there trash to the end of the driveway. I hope that the owners of the possessions are reunited with there possessions. My worst fear after the aftermath of these events was what if these items were left behind as a part of a crime. I am truly sorry about the events of this day. I hope that these items and owners of them are reunited.
No one on the scene was interested in talking to me- and I thought this was a lot of proceedure for 2 items I did not want to make a issue over- Upon my willing consent of search my car - Showboat security guard came over to the car and said to one of the AC Police Officer, “Yes, these are the bags (2 of the three) that were left up there.” Why did the Showboat identify that these items were in fact someones lost luggage and not take these items to some baggage storage or lost found area? After ID’ing the items in the parking structure he left them there?
Value on Summons is Less then 200. N.J.S 2C: 20-7A
Why were these items left out in the open?
Why did the Showboat security have the comment mentioned below?
Why was the luggage and contents valued at 200 dollars? These are items left out in the open and unclean- I would not have imagined the items worth more then fifty dollars.
I have a court date, the owner of the 2 bages had been contacted via police and pressed charges. I was arrested and my car was impounded.
At the court date should I have a layer?
Should I fight this for a not guilty? Do I have a case to fight this?What is the name of your state (only U.S. law)?
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| arrested for drugs that weren't mine! |
| Drug Charges |
| i was taking a ride in my friends car sitting rear driver side with her boyfriend in the passenger side. we had gotten pulled over and searched cause the cops said we cut someone off and cause they knew who the driver n boyfriend were.(arrested before for drugs in that area). the cops asked to search the car and the driver said no cause the cops might plant drugs in the car when she refused they towed the car and got a warrant to search. when they searched they found a marijuana joint n enevelope in glove box n a small amount of cocaine in center consol. no one fessed up to who's drugs they belong to. even though the cops knew who they were n the boyfriend has been charged with cocaine possession prior n is facing prison time. now when i go to municipal court will it be hard to fight it wasnt mine considering where i was n the car n the drugs. plus refusal 2 search n his priors?i was fully cooperative n had nothing on me. i do have a prior under 55 gram marijuana charge. any advice how i should go about this?
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| Job was terminated, Background check was clear? |
| Arrests, Searches, Warrants & Procedure |
Hi! I was offered a sales position at a life insurance company in NJ.
I signed all the paper work and started to schedule classes to study and get my license required to sale insurance.
Before offering me the job I was called back for 3 interviews. After the first interview I was asked to complete a required information questionnaire.
One of the questions was whether I was ever been convicted of a crime. I answered truthfully about my summary offense for retail theft in PA.
Several hours after signing a contact with them, I received a call from them regarding my criminal background and told me that my employment was on hold. I was not very happy about this. I knew my record would make it harder for me to get a job, but this was just unnecessarily cruel.
Several days after the call, I was inform that I will not be working for them.
One week later, I received a letter in the mail by them. The company that the insurance company hires to do the background checks require the insurance company to send the background check information to me.
What I found was surprising. There are no arrest records and my background is clear. They did a search in county where the crime was committed and it says "no record found".
I am baffled. I'm pretty sure I didn't dream of getting caught, taken to the police station and finger-printed.
The only thing I can think of why this happened is the timing. The background was checked two months after the crime happened.
Anyone have any clue what the heck happened here?
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| Divulge an expunged file |
| Arrests, Searches, Warrants & Procedure |
I would like to start by thanking all the people who make this site possible and all the help you provide.
How do I go about opening an expunged file from New Jersey, for immigration purposes.
We now reside in Miami, Florida. We would like to do this ourselves. Can this be done from Miami?
How long will it take to open?
Thanks again for the advice and I apologize for the Caps. I was in no way shouting, trying to be rude or disrespectful.
I was not aware this is what it meant.
T
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| Speeding ticket appeal |
| Juvenile Law |
New Jersey
I was convicted of a speeding ticket for 86mph in a 55mph zone on July 28th at the Woodbridge Municipal Court. The alleged incident of speeding took place Roselle, not Woodbridge. I decided to file an appeal because the Woodbridge Municipal Court did not have jurisdiction to prosecute my case.
At the time of my conviction i held a Provisional driver's license, as I am only 17 years old. My parents consider everything to do with my car, including the legal obligations of appealing this case, to be my financial responsibility, and therefore will not hire a lawyer for me. I have no money myself, so i tried to apply for Indigent status so that i could have counsel assigned to me.
Upon attending the hearing for my motion for Indigent status, my motion was denied. The Judge determined that in order for the county to assign me counsel and pay my filing fees and the transcript deposit fee, my parents would have to be considered indigent as well. Also, in my conviction i was given a $50 fee plus $36 court costs. He stated that in order for the motion to be accepted, i would have to be facing a fee of at least $750, or be facing incarceration, or be facing a suspension of license. Since none of those three were the case, he denied my motion for Indigent Status.
I have no way to pay the filing fee or the transcript fee. I have no money to hire a lawyer. I fear that even if i did manage to scrap together the cash necessary to pay the filing fee and transcript fee, it would be no use if i have no lawyer. I'm planning on appealing the judge's decision to deny my motion for Indigent status.
If there are any lawyers out there that specialize in this sort of thing, please let me know what i should be doing. I really can't afford to have these 5 points stay on my license. I pay all my own car insurance.What is the name of your state (only U.S. law)?
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