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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27088
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Me and my girl friend got in an argument in New Jersey . She

Customer Question

Me and my girl friend got in an argument in New Jersey . She puts me and in order to stop her I got her in a head lock. The cops seen us and gave both of us simple assualt charges. No of us want to press charge and were not hurt . What could happen ..and what should I do? How much is a lawyer for both of us . We have the same court date and time
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

The possible sentence on this includes up to a year jail time if it is a misdemeanor but it is unlikely to occur if neither of you have previous records. What is more likely is that they will offer probation.

JD 1992 :

As far as what you should do, you've identified it in that you should hire a lawyer and so should your girlfriend. The same lawyer can't represent both of you so you'd need two different ones.

JD 1992 :

The cost will most likely me $750 minimum with up to $1500 being more likely.

JD 1992 :

If you get convicted you also will not be allowed to own a firearm in the future.

JD 1992 :

Most people also ask if they can get the charges dropped because they don't want to pursue them.

JD 1992 :

Unfortunately, that is rarely possible and if the police actually saw the argument is almost certainly not going to happen so it's a matter of getting the best deal possible or going to trial.

JD 1992 :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer: I was hoping the same lawyer could represent both of us , since we're still together.we don't want to do anything to hurt each other and will not testify against each other. Like I said no one was hurt and we were released after a few hours . It was just an argument that got out of control . It's both our first offences. We have no records. It sayes online that in New Jersey one could do jail time for this offense. Do u think that's possible ? I m hoping for a fine r less . What do u think? Thanks for ur help
JD 1992 :

It's possible to do jail time but very unlikely. The most likely thing to occur is they give you probation.

Customer: What do u think would be the best deal possible in this situation in your opinion?
JD 1992 :

You absolutely can't both use the same lawyer. It is a conflict of interest. you're welcome to call around and ask, but any of them are going to tell you the same.

JD 1992 :

3-6 months probation, an anger management class, and some kind of fine is the most likely.

Customer: If we use different lawyers they could turn us against each other in order to save on of us . Is that possible?
JD 1992 :

They can't do anything you don't allow them to do.

Customer: One of us . In order to save one of us is that possible?
JD 1992 :

Not unless you agree. Either one of you.

JD 1992 :

Your lawyer has to follow your instructions.

Customer: Thanks I may b in touch . Can u recommend any lawyers ?
JD 1992 :

We're not allowed to make recommendations, but you can fine them at www.lawyers.com. That allows you to search by both location and by area of practice, which would be criminal law.

JD 1992 :

Anything else I can assist with?

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Customer: If I get a fine how long do i have to pay the fine ? Do I get time ? R do I have to pay it right away ?
JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Usually you have the amount of time you are on probation to pay off the fines. If you don't get a probation, just get a fine, then you would usually have 30 days at the most.

JD 1992 :

Are you there?

Customer: Yes thanks . Great advice
JD 1992 :

Anything else before I exit to assist others?

Customer: My girlfriend says she can't afford a lawyer . She's unemployed for the last 2 years . What should she do? I'm offering to help her . But does she have any options ? Is it better to plead guilty r not guilty also ? The cops seen everything .
JD 1992 :

She can ask for a court appointed attorney or you can hire the attorney for her.

Customer: I'm goin to give u the best rating I can possible give u
JD 1992 :

It's better to plead not guilty until the lawyer looks into it, then follow their advice.

Customer: Is it hard to get a court appointed lawyer . Will it take her longer to getting sorted . Also r they good court appointed lawyers ?
JD 1992 :

It's not hard to get a court appointed lawyer and it could take a little less more time to get her stuff handled. There are some good court appointed lawyers but there are also some bad ones. That's one of the advantage of hiring one because you can choose.

Customer: Sorry less r more time for my girlfriend to get it sorted if she gets a court appointed lawyer?
JD 1992 :

More time, likely.

Customer: Thanks
JD 1992 :

You're welcome. Please don;t forget to leave a Positive Rating so I get credit.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27088
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 7 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.
Customer: replied 1 year ago.
One follow up question . I have a green card could thus effect my renewal of it in 2 years ? Or my citizenship application? I got a drinking disorderly expunged about 5 years ago ?
Expert:  Dwayne B. replied 1 year ago.
It could. The INS was cracking down on domestic violence cases the last time I checked. It is definitely something you want to address with the lawyer.

In the scenario of domestic violence this is pretty light but it could still cause some trouble.

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