Municipal Appeals in NJ

In New Jersey, less serious crimes are charged in Municipal Court, where one goes before a judge, not a jury.  In the context of criminal and quasi-criminal law, municipal courts handle only disorderly persons offenses, traffic violations, or municipal ordinance charges.  If convicted under any of these classifications, one has 20 days to take action and file an appeal.  In taking such a step, it is critical to hire an NJ Appeals Attorney who has the experience and skill to handle an appeal from Municipal Court. 

In Which Court Is A Municipal Appeal Heard? 

Municipal Appeals are heard in the Superior Court of the County where the criminal charges originated.   In other words, if you were found guilty in Paterson Municipal Court, then you would appeal your case to the Passaic County Criminal Court. 

What Are The Procedures Of The Superior Court In A Municipal Court Appeal? 

When a conviction is appealed to Superior Court,then a trial denovo takes place.  What that means is that the criminal case is tried again and the Superior Court judge will make his own decision on whether one is guilty of the crime for which he is charged.  While a trial denovo represents another chance for a defendant to argue his case, new evidence cannot be submitted and the defendant is restricted to arguing the facts that were established in the original municipal court proceeding.  It is also critical to note that the Superior Court judge hearing the appeal is also bound to defer to the credibility determinations made by the trial judge since he had a better opportunity to see the witnesses testify.  Note, there is a risk in such an appeal, for if the defendant is found guilty again, he may actually suffer a harsher punishment. 

If I Have a Drug Charge, What Are Some Other Arguments I Can Make Besides Just Arguing the Facts?

Whenever you have been convicted for a drug crime, the major issue that a defendant must analyze is whether the search and seizure of the evidence was constitutional.  If an officer stops a defendant while he is driving a car then he must have a reasonable suspicion that the defendant committed a traffic violation or committed a crime.  If he does not have such evidence then any evidence found thereafter cannot be presented in court.  If an officer searches a defendant’s car then he must have a probable cause that a crime took place to justify such a search.  If he does not have probable cause then any evidence found thereafter cannot be used against defendant.  If an officer searches a home without a warrant, again the evidence obtained thereafter cannot be used in court.  If you feel that any of these scenarios took place and you were still found guilty in your municipal trial, please consult with a drug charge lawyer in NJ to see if you have a viable appeal.

Issues involvingU-Visa Applications From a Immigration Lawyer in NJ.

U-Visa petitions present an opportunity for alien victims of domestic violence to gain immigrant status in the country in exchange for their cooperation in the criminal prosecution of their abuser.  This domestic violence visa is particularly helpful in immigrant communities in New Jersey whose cultures discourage victims of abuse to come forward.  While not comprehensive, this blog article will attempt to provide the basic requirements for a U-visa application.  However, it is still important to consult with an immigration lawyer in NJ with the experience to handle your case. 

What are the requirements of the U-visa?

(1) You are the victim of one of the domestic violence crimes listed in Section 101(a)(15)(U) of the Immigration and Nationality Act (or crimes similar to those listed in the Act)

(2) You are the victim of substantial mental or physical abuse as a result of being a victim of the previously described criminal activity

(3) You have information about the crime in which you were a victim

(4) The crime in which you were the victim violated the laws of the US

Who can you sponsor as a derivative beneficiary on the application?

(1) For individuals under 21, your qualifying members are spouses, unmarried children, parents and unmarried siblings under 18. 

(2) For individuals over 21, your qualifying members are spouses and unmarried children under 21. 

What is a Supplement B, and do I need it?

The Supplement B is a form sent to either the responsible detective or prosecutor handling the criminal matter, stating that the victim/U-visa applicant has been cooperative in the criminal case.  Not only is it required for approval of a U-visa, it is perhaps the single most important factor in whether a U-visa is granted. 

What other discretionary materials may be submitted?

It is advised that the victim present evidence of psychological or mental damage as the result of the abuse.  This can be shown through attendance at a domestic violence counseling group or individual therapy.  U-visas can be tricky, so make sure you talk to a immigration lawyer in NJ who has the skills to develop your application properly.

Prosecutorial Discretion from the perspective of an immigration lawyer in NJ.

The Department of Homeland Security announced in 2011 that they would identify all low priority removal cases pending in immigration court and administratively close meritorious cases.  This action is otherwise known as prosecutorial discretion (PD).  While DHS has emphasized that there will be no automatic exercise of prosecutorial discretion for any group of cases, they did announce certain factors that may make an individual a good candidate for the exercise of prosecutorial discretion.  In essence, when requesting PD you are asking DHS to terminate the proceedings against you.  The DHS guidelines are complex, so if you are in deportation proceedings in New Jersey, it is highly advisable to consult with an Immigration Lawyer in NJ.

The following factors are among those considered by DHS in evaluating whether an individual should be granted PD:

·         An individual’s length of time in the United States;

·         The age of the individual when he or she entered the country;

·         Whether a person entered into the US with or without inspection;

·         Whether an individual was educated in the United States;

·         An individual’s criminal and immigration history;

·         Whether a person is a threat to national security;

·         The individual’s ties to the community

·         The individual’s ties to his country of origin and the conditions in that country;

·         The age of the individual;

·         Whether the person has a spouse, child or parent who is a US citizen orGreen Card holder;

·         Whether the person has responsibility over someone with a disability;

·         Whether the individual has other relief in the removal proceeding.

What Happens If PD Is Granted? 

If prosecutorial discretion is granted this generally means that the removal case is administratively closed; however, this case can be reopened at any time.  In a small number of cases, a removal case can be completely dismissed.  If you are in a removal proceeding and you do not qualify for any relief, this option can be effective but it will not confer any status upon you.  Aneffective deportation lawyer in NJ can explain the pros and cons of such an action.