What to do next

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08-01-2006, 07:52 AM
Momster1002

What to do next

Hello,
First time poster here so please be patient.
My son was arrested over the weekend for "simple assault". We bailed him out and after much confusion as to the actual court date, we have now been asked if my son is going to plead not guilty. If so, this needs to be done (mailed to the court) by today so the pleas is received at the court tomorrow (7 days before actual court date).
There seems to be a "video tape" that shows my son kicking a guy that he assaulted on the ground. This was in retaliation for the guy proposely swinging open a door on his best friend causing the friend to be hospitalized with 24 stitches in his head.
My son knows he did wrong, to retaliate. My question is two fold: 1. Should he just accept the guily plea or should we say not guilty, get a lawyer and hope for the best?We do not know any lawyers in Ocean Cty. NJ, where this occurred, also this is his only offense ever. 2. Any leads as to good criminal lawyers in Ocean Cty, NJ? :confused:
08-01-2006, 08:54 AM
seniorjudge

Re: What to do next

Quote:

Quoting Momster1002

Hello,
First time poster here so please be patient.
My son was arrested over the weekend for "simple assault". We bailed him out and after much confusion as to the actual court date, we have now been asked if my son is going to plead not guilty. If so, this needs to be done (mailed to the court) by today so the pleas is received at the court tomorrow (7 days before actual court date).
There seems to be a "video tape" that shows my son kicking a guy that he assaulted on the ground. This was in retaliation for the guy proposely swinging open a door on his best friend causing the friend to be hospitalized with 24 stitches in his head.
My son knows he did wrong, to retaliate. My question is two fold: 1. Should he just accept the guily plea or should we say not guilty, get a lawyer and hope for the best?We do not know any lawyers in Ocean Cty. NJ, where this occurred, also this is his only offense ever. 2. Any leads as to good criminal lawyers in Ocean Cty, NJ? :confused:

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”

Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

http://forum.freeadvice.com/showthre...687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/.../70300494.html

Other people may give you other advice; stand by.

By the way, I would never, ever under any circumstances appear in court without a lawyer.
08-01-2006, 10:11 AM
Happy Trails

Re: What to do next

From New Jersey statutes:

Quote:

2C:12-1 Assault.

a. Simple assault. A person is guilty of assault if he:

(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2)Negligently causes bodily injury to another with a deadly weapon; or

(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Penalties:

Quote:

2C:43-8. Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses A person who has been convicted of a disorderly persons offense or a petty disorderly persons offense may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall not exceed 6 months in the case of a disorderly persons offense or 30 days in the case of a petty disorderly persons offense.

Also carries a fine up to $500.

As to your questions, these are things you are going to have to decide.

Info. link.