Legal Question in Criminal Law in New Jersey

Was this a legal search and siezure?

I was with a friend who shoplifted. The police came, arrested him,I had nothing stolen on my person. Police searched my car without permission or letting me watch. I was brought to the county jail where I posted bail. They found in my car items that they said were stolen, and charged me for shoplifting as well. The police report states this.

''within the jurisdiction... commit offense of theft by knowingly receiving moveable property belonging to another knowing it was stolen, being in possession or garments, sunglasses in violation of n.j.s. 2c: 20-7a

The complaintant is a law enforcment officer and a judicial probable cause determination is not required.

What does this all mean and what am I to do?


Asked on 1/05/01, 12:22 am

2 Answers from Attorneys
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Was this a legal search and siezure?

Hi, my name is Daniel Kelley and I am an attorney in Cherry Hill. What all of this means is that you have been charged with the crime of receiving stolen property and face potential criminal sanctions. What you do now is appear before the Court at the date and time they notify you of. At Court the prosecutor will be charged with proceeding against on this charge and he/she will, should you not plead guilty or reach a "plea bargain", attempt to prove you committed the crime charged and have you convicted. If you plea or are convicted, you will be sentenced to fine/jail by the judge. Before Court you should review your case carefully and plan your defense strategy. Particularly in this type of case, with potential search problems, the legal analysis can become somewhat complicated. The best case scenario, provided you are financially able, is to hire an attorney to defend you. An attorney may be able to work out a fair "plea bargain" or he/she may put on a full-blown defense. If you are near Cherry Hill and wish to discuss your options and whether or not you will need an attorney, I offer free initial consultations and would be happy to speak with you. Best of luck.

Thanks,

Daniel B. Kelley

(856)616-8080

[email protected]

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Answered on 1/05/01, 10:03 am
Beverly Muller Beverly Sharps Muller, Esquire

Re: Was this a legal search and siezure?

hi - you should get a lawyer and plead "not guilty."

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Answered on 1/05/01, 6:13 pm


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