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  1. #1
    Join Date
    May 2005
    Location
    nj
    Posts
    31

    Default 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.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

  3. #3
    Join Date
    May 2005
    Location
    nj
    Posts
    31

    Default

    Thanks, Aaron.

    Even though I knew that you do not practice in NJ, I was under the impression that the procedure for filing a motion was the same, in all of U.S. That's why I tried to ask for the details. Thanks for the clarification, anyway.

    Your website/forums and your quick responses are of immense help to the user community. Your help is very much appreciated.

    Do you know if it's better for me to have the suspended sentence of 30 days removed, so that I make the chances for CZ approval better?
    Are there any legal institutions where people can ask general legal questions about filing motion etc, and can get free help?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Quote Quoting jenimmi
    Even though I knew that you do not practice in NJ, I was under the impression that the procedure for filing a motion was the same, in all of U.S. That's why I tried to ask for the details. Thanks for the clarification, anyway.
    The general procedure is largely the same, although specifics vary. But the legal requirements for what must go into a motion, what relief is available, and the legal authority for the requested relief can vary significantly.

    Quote Quoting jenimmi
    Do you know if it's better for me to have the suspended sentence of 30 days removed, so that I make the chances for CZ approval better?
    I'm not really in a good position to guess. If your current attorney has an immigration practice, he may be able to inform you of any effect you should anticipate; if not, you may wish to consult with a local immigration lawyer.

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