Legal Question in Traffic Law in New Jersey
Criminal Mischief
I was a victim of road rage. The other driver followed me, passed me on a shoulder and preceded to haress me by slowing up , hittng his brakes, veering side to side and finally, hit his brakes and forced me into oncoming traffic to avoid hitting him. He then did a U-turn and preceded the other way. I then followed him and he pulled into his parking spot in front of his house and went inside. When I arrived I was so mad I keyed his car. He called the police where I was given a summons for Criminal Mischief ( A DP offense).
What is a DP offense? Why when I asked to press charges against him, I was told police don't give summons for that. I need to get a copy of the report and file charges through the court. Why ???? Is it because he called the police and not I ??? I was told this is a non-indictable offense. Do I need to bring a lawyer or are there lawyers available at Traffic Court?
Also if I plead guilty, do I get to tell my side or should I plead not quilty just to get my side heard. I realize I snapped, but the other driver should be held responsible for provoking me and almost causing me serious bodily harm vs. a scratch on his car door. Also should n't this be considered a disorderly persons not a criminal mischief ?
4 Answers from Attorneys
Re: Criminal Mischief
Wow. Counter criminal charges are filed in the manner described by the police. You will be allowed to file the charges. You also need an attorney because it is clear you are unfamiliar with how the courts work.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Criminal Mischief
A Disorderly Persons Offense is a violation of the New Jersey Criminal Code, but of the smaller type. In other jurisdictions it is often referred to as a Misdemeanor. You are facing potential jail time (up to 6 months) and heavy fines ($1,000.00 or more), and you will have a criminal record if you plead guilty or are found guilty. If you plead guilty most likely the judge will NOT allow you to tell your side of the story. I would suggest you hire a lawyer because you may have a defense to the charge against you. I am an attorney who has handled many cases similar to yours in vaious courts throughout New Jersey in the past. Please contact me at your convenience to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Criminal Mischief
Shame on you for snapping and damaging his car.
OK, now that is out of the way, here is what I have for you:
If you had not snapped, you could now be prosecuting him for his insane actions. As it is, you can still do that, but now the Judge will have the two of you making charges against each other, and he does not know which one of you is the knucklehead who should be punished.
Get a lawyer. That will cost you a couple of hundred dollars, but you do not want to be convicted even of a disorderly persons offense. That would not be good.
If you would like me to assist, please call my office. I am in Hackensack.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you
and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Criminal Mischief
If you want to avoid a criminal record, you should get an attorney ASAP.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
