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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15919
Experience:  Licensed Texas General Practice Attorney
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if I got the violation 2C:29-1B in new jersey. Is that just

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if I got the violation 2C:29-1B in new jersey. Is that just a fine? or what?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

thank you!

ScottyMacEsq :

You are charged with a disorderly persons offense, you are extremely unlikely to go to jail if this is a first offense or even is you have a small number of minor priors. A disorderly persons offense has a maximum penalty of 90 days in the county jail, $1000 fine plus mandatory surcharges and fees of $200 or so plus a possible 1 year probation period. Obstructing Administration of Law is inappropriately overused by the police. The arrest for these charges are already on your record and a conviction will leave these entries there for 5 years.

ScottyMacEsq :

It technically is a crime, and will be on your record for that period of time (if you're convicted), but it's almost certain that you will not have any actual jail time for it.

Customer:

convicted of what?

ScottyMacEsq :

The violation.

Customer:

should i plea guilty?

ScottyMacEsq :

You can plead guilty, not guilty, or no contest. I would suggest pleading not guilty and trying to work something out with the prosecutors in exchange for changing your plea.

ScottyMacEsq :

This charge is highly subjective, in the mind of the officer, so the jury may or may not even agree...

Customer:

if i plead guilty now there is a chance of me sitting in jail?

ScottyMacEsq :

(it might not even be prosecuted, depending on the facts... the prosecution might drop the case and choose not to pursue it if the facts are in your favor)

ScottyMacEsq :

There's a chance, yes. The max is 90 days. But 99% of these cases don't result in jail.

Customer:

i can plead not guilty and then plea bargain?

ScottyMacEsq :

So it's highly unlikely. There's a chance you can win the lottery, but it's highly unlikely....

ScottyMacEsq :

Yes, that's what I said.

ScottyMacEsq :

You would want to try to work something out with the prosecutor.

ScottyMacEsq :

(something that would not necessarily be on your record)

Customer:

when do you do that? is that legal?

Customer:

should i do this through a lawyer or myself?

ScottyMacEsq :

After you plead not guilty, you can talk to the prosecutor. Yes, that's legal, certainly, as they have the prosecutorial discretion on how and if to pursue the acase.

ScottyMacEsq :

*case

ScottyMacEsq :

I would suggest a lawyer, particularly if you don't already have a record. The reason is that keeping your record clean is worth more than keeping an additional blemish off an already tainted record. So while it's not as important if you have a record already, if you don't have a record, an attorney would be more valuable, as your chances of success increase with an attorney.

Customer:

I have a clean record. whats the chances of hiring a lawyer and still getting in trouble?

ScottyMacEsq :

It's impossible to give you a definite probability, because that depends on the facts, the prosecutor, the judge, the witness(es), other evidence, etc... I can tell you that your chances of getting off increase a lot with a lawyer than without. Think about it this way: you're going up against professionals whose job it is to prosecute people. If you were playing a game of basketball against professionals, you would probably lose. That's why you would want to hire a professional on your side to make your chances of success better.

Customer:

thank you!

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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