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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default A Little Complicated. Multiple Charges in Different Counties

    My question involves criminal law for the state of: New Jersey

    I apologize for the length of this but it is a bit complicated and I wasnt really sure which forum to post this under. My girlfriend was prescribed a very power prescription painkiller, OPANA (oxymorphone/comparable to morphine) by her pain management doctor in early march for back trauma which has come very close to ruining her life.

    She had a good job working at a hospital in central jersey but shortly after starting on this medication she began to abuse it. She was accused of stealing and was let go. She then began to shoplift from retail stores and was later caught under surveillance. She now has 3 pending charges. One is a 3rd degree felony charge originating in roxbury township in northern jersey. She already had her first appearence in which her shoplifting case was sent to morris county court. She then heard back from the county court that the case was being sent back down to municipal. I'm not sure if that means the charges were downgraded or if it was just that the county prosecutor didnt have any interest in the case but it is a good sign right?

    The other two charges are disorderly persons charges from when she was employed. One is for petty theft ($35 dollars from a co-worker) the 2nd is for a false police report. The day she was fired from the job she was called in supposedly to discuss her job performance. She was sequestered by the hospital security and management for 4-5 hours in a room and questioned about thefts which had been occuring. My girlfriend was a nursing float so worked on many floors and departments depending on the need. So she was also on the same floor as the thefts when they were reported. She had filed a police report also saying that money had been stolen from her. Although she denied any wrong doing and asked to leave repeatedly they would not allow her to. She is under the care of a psychologist for high anxiety and depression and being put in that situation was extremely difficult for her. In the end she cracked and the security made her write a statement admitting guilt. That is the only evidence that they have.

    Thanks for bearing with me. Here are some questions that I have.

    1) We are having a hard time finding a private lawyer that can handle the cases from both counties for a reasonable fee. Which case would you recommend we try to get private counsel for? We can't really afford to hire two private attorneys since she is currently on unemployment. For the shoplifting case she has been cooperating with the local police. She returned many of the items in question but the problem is that the list of items which the company is claiming she stole from the single charge was over 1000 dollars worth of merchandise. The items she was taking were just hair care products, bandages and first aid supplies. From our tally it was only around 200 dollars and all of it was returned. The police themselves have said that she shouldnt worry and that she would just be put into a diversion program of PTI. For that reason we were leaning towards just obtaining a public defender for her there even though it is the more serious charge and focusing on a private attorney for the two disorderly persons charges.

    2) Would the two disorderly persons charges hinder her ability to qualify for PTI? The charges were all filed around the same time but the shoplifting charges were filed first.

    3) Is the statement that she wrote while under duress enough for the prosecutor to convict on? The situation she was put into was highly prejudicial as her management was aware that she was taking anti-anxiety medication yet still confined her and barraged her with questions. Would there be any chance of getting the charges dismissed considering she was not given her rights or offered any legal counsel? There are no witnesses and no videos of her stealing. The statement is really the only evidence they have and they did not record the questioning itself. We were leaning towards a private attorney for these charges because of this.

    4) I spoke to a couple of lawyers about the possibility of drug court however they both recommended PTI over it but I'm still not really sure why. My girlfriend is still under the influence of the medication. I am trying my hardest to get her off of it but when she was at the height of her abuse she was taking nearly 120 mg of the drug when she was prescribed only 30. To get an idea of how potent this medication is, 15 mg of OPANA is roughly equivelent to 200 mg of vicodin. She has realized how much of a problem the drug is and has asked me to help her get off of it but I can't do it alone. I've taken control of her pain medication and managed to taper her down to about 40 mg but she still has a long ways to go and really needs to be either in an inpatient or intensive outpatient program. Is it possible to request rehab as part of PTI?

    5) What is the typical fee structure for a lawyer handling the disorderly persons charges? The ones I have spoken to have asked for 750 if we manage to strike a plea, and more if the charges go to trial. Is that pretty normal?

    Thanks guys. Any input would really be helpful. She made some really bad decisions which hopefully wont haunt her for the rest of her life. We’re hoping to minimize the damage while also trying to get her help for her substance abuse problem.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: A Little Complicated. Multiple Charges in Different Counties

    I would think you are best going with a criminal defense lawyer for all cases. Ideally, 1 lawyer who would be familiar with all your fiancee's legal issues.

    I think rehab as a part of PTI is possible, but varies by county (as most things do). I would recommend getting her into a rehab program BEFORE trial. It shows she is taking responsibility for her issues, and it would be best for her health.

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