Posts Tagged new jersey criminal lawyers

Did the Police Violate My Rights?


The following article was written by New Jersey Criminal Lawyer Thomas J. Pisarri of Pisarri, McEnroe & Careri and can be found on New-Jersey-Lawyers.com

Did the Police Violate My Rights?

I was walking in my hometown at night, minding my own business when a police officer stopped me and began to ask me questions, like where I was going and what I was doing. He said something about investigating a robbery that had just been reported in the area. Since it was cold my hands were in my jacket pockets and he kept telling me to take my hands out of my pockets. When I refused to answer his questions or take my hands out of my pockets he arrested me. After my arrest he patted me down and found some marijuana I my pants pocket he charged me with possession of possession of a controlled dangerous substance. As he was putting on the handcuffs he asked me where I got the marijuana and I told him because I was nervous. What are my rights? I believe the policeman violated my rights.

You have described a set of facts that sound simple but raise a number of issues. A police officer can under certain circumstances ask you questions about what you are doing. If he is investigating a crime that occurred and has a reasonable belief that you might be involved he can stop you and ask questions. The key is whether his actions are reasonable under the known circumstances. If you start talking with him and he reasonably believes you may have a weapon that might injure him he can pat you down. If he feels something that can reasonably believed to be a weapon he can try to uncover it. If it is small and soft like a small bag of marijuana he would have a difficult time proving he thought it was a weapon. If he arrested you and after that arrest asks you questions about a crime without reading your Miranda rights you may very well be able to have your statements thrown out of the case against you as well as other information or evidence that is discovered as a result of the statements you gave. It is critical to remember exactly what occurred because the facts are obviously important and a small change in what happened or when it happened can change the outcome of your case. The court always looks at “the totality of the circumstances” in making a decision whether the actions of the police were proper.

If you or someone you know needs to retain an experienced New Jersey criminal defense attorney, call the law firm of Pisarri, McEnroe and Careri and ask for Thomas Pisarri. We pride ourselves in responding quickly to calls from people who need questions answered and their rights protected. The telephone consultation is free.

More articles about New Jersey Criminal Law can be found at New-Jersey-Lawyers.com. If you or someone you know needs a New Jersey Criminal Lawyer visit New-Jersey-Lawyers.com , NJLawFirms.net or NJLawyers-NewJerseyLawyers.com to find a NJ Criminal Attorney.

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I was arrested years ago but didn’t have jail time. Can I remove the record?


The following article was written by New Jersey Criminal Lawyer Thomas J. Pisarri of Pisarri, McEnroe & Careri and can be found on New-Jersey-Lawyers.com

I was arrested years ago but I did not go to jail and only paid a fine. Do I have a record and if so is there anything I can do about it?

Even if you were wrongfully arrested you will have a record. It will be an arrest record not a conviction record, but a “record” nonetheless. If you only paid a fine you must have been found guilty and you will have a conviction record. The nature of the offense that you pleaded guilty to or that you were found guilty of committing is important. If you have been convicted for a serious offense, in New Jersey called indictable offense, you can not file a petition to expunge your record of arrest and conviction until 10 years after you complete your sentence, including paying your fines and completing probation, although there is an exception to this rule. Even being found guilty of a municipal ordinance will require that you wait at least 2 years from the date you complete your sentence to file an expungement petition. As you know having a criminal record can affect your ability to get a job or your ability to get into a college. Getting the correct legal advice from the right criminal attorney concerning the expungement of your record can make your life easier and can potentially save you heartache and money.

If you or someone you know needs to retain a New Jersey criminal defense attorney, call the law firm of Pisarri, McEnroe and Careri and ask for Thomas Pisarri. We pride ourselves in responding quickly to calls from people who need questions answered and their rights protected. The telephone consultation is free.

More articles about New Jersey Criminal Law can be found at New-Jersey-Lawyers.com. If you or someone you know needs a New Jersey Criminal Lawyer visit New-Jersey-Lawyers.com to find a NJ Criminal Attorney.

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I was in an accident… can I sue to recover pain and suffering?


The following article was written by New Jersey Criminal Lawyer Thomas J. Pisarri of Pisarri, McEnroe & Careri and can be found on New-Jersey-Lawyers.com

I was in an accident… can I sue to recover pain and suffering?

I was a passenger in an automobile that was struck in the back by another automobile. I suffered back and neck injuries and missed some time from work. Do I have a case and who can I sue to recover for my pain and suffering?

Sounds like a simple question but it is not. The facts of how the accident happened are important to determine whether both drivers and possibly more parties caused the accident and should be sued. A more complex question is, “Do I have a lawsuit in which I can recover money for my personal injuries? The investigation must start with questions such as: Do you own a car?, Do you live in a household where a family member owns a car? How serious are your injuries? If there is an insurance policy that is applicable to you does it contain what is called the verbal or limited threshold? In some cases it is possible that you could be injured sitting in a car but be denied the right to sue for your considerable pain and suffering. These are just some of the questions that will have to be answered in order to answer the very simple question, “Do I have a case”. Retaining an experienced attorney will help you understand the process and answer this question and many more that you will have.

 

If you or someone you know has sustained a serious injury as a result of the conduct another person or business it is critical to speak to a personal injury attorney experienced in handling all types of accident cases who could tell you if you have a case and if you do to get you the results you deserve. Call the law firm of Pisarri McEnroe and Careri, and ask for Thomas Pisarri. With almost 4 decades of experience handling all types of serious personal injury cases he can answer your questions and provide the responsive and professional care that you deserve.

More articles about New Jersey Criminal Law can be found at New-Jersey-Lawyers.com. If you or someone you know needs a New Jersey Criminal Lawyer visit New-Jersey-Lawyers.com to find a NJ Criminal Attorney.

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