Post-conviction motion for relief
Hello Aaron -
I had a initial charge of shoplifting. As a plea bargain, I was convicted in a Municipal Court in NJ of a Municipal Ordinance for Disorderly Person's offense. The sentence included a fine and 30 days suspended jail sentence - not to enter store.
I am very upset by the suspended jail sentence, as it may hurt my Citizenship interview. The attorney who represented me said there won't be any jail sentence (suspended or not) before he made me plead guilty to Municipal Ordinance. My Court disposition clearly states the fine and the susp.sentence. I paid for the fine. The Judge gave me an idea that something can be done about the 30 days susp. sentence, when I explained to him later on, the CZ consequences and he asked me to make an appointment with the Court.
I called my attorney if he could help me with the removal of the susp.sentence. The secretary never lets me talk to him nor do they return my calls, when I explained my need to them.
I want to find out if there's a way I can do something about the removal of the suspended sentence. I want to know if it's possible for the defendant to do it themselves. I saw two things that may be related to this. Is it :
a) Filing a motion (or)
b) Post conviction Relief.
I do not know which one of this is applicable in my case. Or how to go about it.
Aaron, can you please tell me whether the above steps can be done only by an attorney? I am not in a position to afford another attorney and start from scratch.
* What is the procedure to file a motion?
* Will the store be involved once again?
* As the reason for removal of suspended jail sentence, can I state immigration reasons there? Is it an acceptable reason for filing a motion?
* If I (defendant) am filing it myself, can the Prosecutor or Judge help me with the filing, because I do not have any legal experience?
* Usually, can the result of the motion be known the same day or does it take weeks / months. My CZ interview will be in the near future and I hope to finish this off soon.
Please, please help me with some pointers. Thanks.
Criminal Procedure in New Jersey
As an individual, you are entitled to represent yourself in court proceedings. Unfortunately, I am not able to serve as a guide through the New Jersey criminal and post-conviction process - I don't practice in that state. Judges, generally, help people through the necessary procedure in court when they are representing themselves, but neither the prosecutor nor the judge are likely to provide you with legal advice or out-of-court assistance. The court cannot engage in ex parte communication with a litigant, and the prosecutor is your adversary.