Legal Question in Criminal Law in New Jersey

drug offence-trouble reinstating drivers license-court filing mistake

A traffic stop produced a dui and a small ammount of marijuanna was found in vehicle. All dui charges and other tickets were taken care of via a lawyer. The drug violation was supposed to have been taken care of with the other violations, however it is still showing up as active on the DMV record. The lawyer has notified the court of the mistake and has requested a court date to take care of the matter. The county clerk has stated that there is still an open warrant and that a $500.00 payment must be made. Until this matter is taken care of the licence cannot be reinstated. My question is can the lawyer set a court date without paying the $500.00 charge, or not? If the lawyer can set a court date without the $500.00 how long will it take to get the court date? This charged was supposed to be dismissed, the lawyer has written a letter stating this. How long could it take to get the license reinstated with all this factored in? Also can i contact anyone other thatn the county clerk to take care of this problem?


Asked on 9/16/04, 12:52 pm

2 Answers from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: drug offence-trouble reinstating drivers license-court filing mistake

...You indicate that you already have an attorney handling this case for you.

If you do not understand what is going on in this case or what your attorney's plan of action is, then you need to consult with your attorney and get answers that you can understand.

If you are unsatisfied with your attorney's answers, then you need to retain another attorney for a consultation as soon as possible.

It is not possible to provide more of an answer over the Internet. Your case has an involved history and before attempting to comment specifically your attorney would have to review all relevant facts and circumstances.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/16/04, 1:49 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: drug offence-trouble reinstating drivers license-court filing mistake

The $500.00 is most likely a bail to be posted for failure to appear on the drug charge. I realize that you thought this was taken care of, but for some reason the court computer is not showing it as being completed, and there was probably a court date set that you were unaware of and therefore missed. From that the $500.00 bail arose. If this is what the $500.00 is for, then the only way you can get a court date is by posting the $500.00 bail. On the other hand, it could have been caused by failure to make a timely payment on the charge itself if you were convicted of the charge. For that too you must still post the $500.00 bail to get a new court date. You should call the court clerk and find out if the $500.00 is a bail payment that needs to be made to confirm what I just said. Once the $500.00 is posted, then you will probably get a new court date within 30-60 days. As to getting your license restored, that is something you need to discuss with the division of motor vehicles in the state where you live to see what you need to do to get restored.

I am an attorney who has handled many traffic and criminal cases in various courts in New Jersey in the past. Please call me at 908-272-0111 if you would like to discuss this further. Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 9/16/04, 5:16 pm


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