Flemington NJ Restraining Order Lawyers
Defending Yourself Against Criminal Contempt Charges in Hunterdon County: Why You Need A Highly Skilled Defense Lawyer
Being charged with criminal contempt, such as a violation of a restraining order, is undoubtedly a scary experience. At Spodek Law Group, we understand how overwhelming the situation could be for you. The potential penalties may include incarceration and earning a criminal record that would adversely impact your future job prospects, immigration status, and professional licensing. That’s why we highly recommend employing the services of an experienced defense lawyer who has had success protecting clients faced with New Jersey restraining order violations.
Being Charged With Hunterdon County Restraining Order Violation Cases: What to Expect
It’s important to note that defendants no longer have an unrestricted right to bail after processing on a warrant complaint. According to mandatory pretrial detention rules applicable today:
– The defendant first gets processed on a warrant
– They are subsequently taken to the Hunterdon County Jail, where they will wait for their trial
– Usually within 48 hours, they will appear before a Superior Court judge in Flemington.
– If a prosecutor decides to file an accusation about detention (a popular choice in domestic violence cases), the accused faces detention during the three-day delay until findings from the hearing.
The ruling from this stage can determine whether you’ll be released before your court hearing starts; hence it is crucial at this point to have an accomplished criminal attorney working tirelessly in your corner. An attorney experienced in handling cases like yours can intervene persuasively and ensure that adequate representation is provided should proceedings drag on till the actual hearing.
How the Prosecutor Will Prove Criminal Contempt Charges
For you to be convicted of fourth-degree criminal contempt charges violative of restraining orders restrictionÄôs terms in Hunterdon County, NJ, four elements must be proven beyond all reasonable doubts:
– A Restraining order was currently effective under law
– At least one of the restraining order provisions was violated
– The act is done purposefully or knowingly
– The offense constitutes a crime of first, second, third, or fourth-degree violations or disorderly person’s offenses following NJ state statutes
To prove violation as a disorderly persons offense for criminal contempt doesn’t require satisfying element four.
Conducts That Cannot Result in Criminal Contempt Charge
Certain conduct cannot result in eventual contempt charges. Among such conducts are if the behavior involves violation linked to a provision in an order purporting parenting time; making payments, counseling requirements or possessing property.
Penalties for Violating Restraining Orders
A breach of the law resulting in a conviction for fourth-degree criminal contempt may mean spending up to 18 months behind bars and getting slapped with an up-to-$10,000 fine. A similar case amounting to a disorderly persons offense could lead up to 6-month confinement and the possibility of paying fines reaching $1,000. On indictment on subsequent violations under NJ statute 2C:29-2(b)(1), mandatory imprisonment of at least thirty days applies.
Would Dismissing An Order Eliminate Contempt Charges?
According to State v. Sanders,327 N.J.Super. 385 (App.Div.2000), it becomes irrelevant if afterwards the plaintiff dismisses the restraining order’s context-violating terms that have already been violated earlier under 2C:29-2(b)(1).
Retain A Hunterdon County Defense Lawyer Today
At Spodek Law Group, we understand how valuable having an experienced defense lawyer can be when facing charges related to criminal contempt. Our team comprises excellent lawyers with extensive experience providing legal representation and assistance to people arrested on grounds of violating restrictive orders in Hunterdon County.
We cover different locations like Flemington, Readington, East Amwell Township, Clinton Township, Raritan Township, Bethlehem, Union Township, Lebanon, and Stockton. Our lawyers are available 24/7 for consultations at no cost. We ensure our clients receive outstanding professional representation individually tailored to cater for each situation comprehensively.
We use emotionally charged language and compelling arguments to show clients how we can help handle their legal problems expertly with a deep understanding of the law. If you or someone you know is facing criminal contempt charges in Hunterdon County, don’t hesitate to reach out to Spodek Law Group today. We care about your rights and will do everything possible to help you navigate the legal system seamlessly.
|Defending Against Criminal Contempt Charge|
|Being charged with criminal contempt such as violation of restraining orders is scary experience|
|Potential consequences may include incarceration or earning a criminal record that would adversely impact job prospects|
|Retaining the services of an experienced attorney who has had successes protecting clients faced with New Jersey restraining order violations is vital|
|The defendant no longer has unrestricted right to bail after processing on a warrant complaint due to mandatory pretrial detention|
|A prosecutor decides whether accuse detention commonly used in domestic violence cases where additional three days until ruling from hearing detain the accused by law:|
|It would be if you had an experienced criminal attorney representing you because this critical stage’s outcome determines whether or not release occurs pre-trial.|
|To obtain fourth-degree criminal contempt charges violative of restraining orders restrictions terms in Hunterdon County NJ, four elements must be proven beyond all reasonable doubts:|
|Breach of the law leading to a conviction for fourth-degree criminal contempt may mean spending up to 18 months behind bars and getting slapped with an up-to-$10,000 fine|
|The law provides some conduct that cannot be charged with criminal contempt such as violation linked to a provision in an order purporting parenting time and making payments.|
|Dismissing the restraining order that already violated does not eliminate criminal contempt charges under NJ statute 2C:29-2(b)(1).|
|If facing criminal contempt charges in Hunterdon County, retaining defense lawyer services can effectively help handle legal problems expertly.|
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS