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Thread: Statute of Limitations Question

  1. #1
    Clutch123 is offline Junior Member
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    Statute of Limitations Question

    New Jersey

    In July 2011 I was pulled over and arrested on suspicion of possession of an illegal narcotic. I refused to allow the police to search my vehicle, so they towed it and impounded it. I was released that night with 2 charges; one for possession of a fake ID (fourth degree), one for possession of a controlled substance (disorderly persons), as well as 4 tickets. Later that month I was informed through the mail that I am being charged with possession of drug paraphernalia as well. My court date was pushed back 3 times, and I finally went to trial with a lawyer in October 2011.

    The plea bargain combined all my charges into one disorderly persons charge, I had to pay $800 worth of fines and was told that I will be placed on a Pre-Trial Intervention Program (this may be specific to the state of New Jersey) for six months and will be contacted by a probation officer. My lawyer said that after completing the six months of probation I would be eligible to have the case expunged six months after that (which would be October 2012)

    Fast forward to August 2012, where I received a court summons in the mail in the same town I was arrested in. I informed my lawyer of it, and he assured me that everything was okay and the expungement had went through. He said it had all been taken care of and there was no need to even show up to the court case. At this point in time I still had not been contacted by a probation officer as the judge said I would be.

    Then, in October 2012 I received a letter in the mail stating that I am required to show up to my first day of probation on November 19th. After informing my lawyer of this, he said I will most likely be required to complete it but he will try to work something out. He had his so-called "expungement expert" contact the municipal office to have this settled. After the "expungement expert" dealt with them, I was informed by him that I am indeed required to have probation for 3 months.

    My question is, is it worth seeking another lawyer to attempt to put this expungement through? The Statute of Limitations for a disorderly persons charge in New Jersey is one year. Can they place me on probation past the Statute of Limitations?
    Last edited by Clutch123; 11-01-2012 at 06:01 PM.
  2. #2
    tranquility is offline Senior Member
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    The Statute of Limitations for a disorderly persons charge in New Jersey is one year. Can they place me on probation past the Statute of Limitations?
    While I'm not going to pretend I know all about the rest, I don't see how the SOL has anything to do with probation.
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  3. #3
    HighwayMan is offline Senior Member
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    SOL has NO bearing here. You were already charged and apparently convicted of the charge in question.

    What expungement are you referring to?
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  4. #4
    Clutch123 is offline Junior Member
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    I guess I have been misinformed on how the SOL works, my apologies. The letter I received in the mail states that this will be a conditional discharge when I complete the term, though it did not state how long the term will be for. It was my lawyer that claims he had it dropped from 6 months to 3. I'll just have to wait for the 19th and see what's really going on.

    Though I still feel this is wrong; I have had no arrests since, I haven't even been pulled over since this happened. I no longer associate with the people I was arrested with, and have stayed clean. I'm not worried about passing a urine test, I just feel this is a major inconvenience. I work a full time job now, I've turned my life around and I really would rather not be reminded of a mistake I made when I was 18 on a weekly basis. Guess you can't win 'em all in this state.

    Thanks for your help.
  5. #5
    Silverplum is offline Senior Member
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    Quote Originally Posted by Clutch123 View Post
    I guess I have been misinformed on how the SOL works, my apologies. The letter I received in the mail states that this will be a conditional discharge when I complete the term, though it did not state how long the term will be for. It was my lawyer that claims he had it dropped from 6 months to 3. I'll just have to wait for the 19th and see what's really going on.

    Though I still feel this is wrong; I have had no arrests since, I haven't even been pulled over since this happened. I no longer associate with the people I was arrested with, and have stayed clean. I'm not worried about passing a urine test, I just feel this is a major inconvenience. I work a full time job now, I've turned my life around and I really would rather not be reminded of a mistake I made when I was 18 on a weekly basis. Guess you can't win 'em all in this state.

    Thanks for your help.
    You want to avoid punishment: that's human.

    The punishment is going to happen: that's the law.
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  6. #6
    Clutch123 is offline Junior Member
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    Quote Originally Posted by Silverplum View Post
    You want to avoid punishment: that's human.

    The punishment is going to happen: that's the law.
    Thank you for your straight to the point answer. Clearly there's no point in pursuing another lawyer as nothing else can be done. I'm just hoping my PO will allow me to schedule my weekly visits around my work schedule.
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  7. #7
    HighwayMan is offline Senior Member
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    You haven't explained what this mysterious summons you received is all about. Is it related to the original charges, is it a new charge stemming from the original incident, etc.
  8. #8
    Clutch123 is offline Junior Member
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    Quote Originally Posted by HighwayMan View Post
    You haven't explained what this mysterious summons you received is all about. Is it related to the original charges, is it a new charge stemming from the original incident, etc.
    That's just it, I have no idea what the mysterious summons I received in August was for. As soon as I received it I informed my lawyer and faxed him a copy. He contacted me about an hour later and said it was all taken care of; this conviction was expunged from my record and I did not have to appear in court for it. That is the reason why I am confused about receiving the probation letter, and why my lawyer says I have to attend it. I have not had any new charges since the original incident.
    Last edited by Clutch123; 11-08-2012 at 05:12 PM.
  9. #9
    HighwayMan is offline Senior Member
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    Then ask your attorney. That's what you pay him for.

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