False Imprisonment Lawyers in Bound Brook NJ
Most false imprisonment charges in New Jersey stem from a dispute with a loved one, whether that be a family member or a significant other. As you will see below, false imprisonment is a rather serious crime in New Jersey and if not handled properly it could land an individual behind bars. Since the crime of false imprisonment usually involves a domestic dispute, it is often used in an effort to obtain a Temporary Restraining Order (TRO). TRO’s are separate and apart from the underlying criminal charge of false imprisonment. The also carry with them other rather serious consequences as well. To learn more about TRO’s and how to prevent a TRO from becoming a final restraining order (FRO) in New Jersey, please click the link or call our office at (908)533-1064. In addition, although false imprisonment is a disorderly persons offense (misdemeanor), since it can be considered an act of domestic violence, someone charged with this crime may end up spending at least a few nights in the Somerset County Jail, pending pretrial services investigation. Based on the new bail guidelines, anyone charged with an act of domestic violence is supposed to be detained in the county jail pending a pretrial services investigation. If the allegations are serious enough, the prosecution can file for a Detention Hearing. If that is to occur, that means that the prosecution is seeking to detain the Defendant without bail, in the county jail, pending trial. These hearings can and should always be contested. To speak to one of the Somerset County criminal defense attorneys on staff at Proetta & Oliver about your options at a Detention Hearing, please contact us at (908)533-1064.
The criminal defense attorneys at Proetta & Oliver have been defending clients accused of false imprisonment in courts throughout New Jersey, including throughout Somerset and Hunterdon County for years now. This offense can become overly complicated based on what the prosecution must prove in order to obtain a conviction. If you have been charged with false imprisonment, resisting arrest, kidnapping, criminal restraint, burglary, trespassing, terroristic threats, harassment or stalking in Somerset County, we can help. Regardless of the facts behind the charges, this is a serious criminal offense that should not be taken lightly. Our attorneys are available immediately for a free initial consultation. If you would like to speak to one of them about your options then please contact us at (908)533-1064. We appear in courts in towns throughout both Somerset and Hunterdon County, including Raritan, Flemington, South Bound Brook, Bound Brook, Watchung, Bridgewater, Somerville, Franklin, Hillsborough, Clinton, North Plainfield and Bedminster. If you have any questions whatsoever, please do not hesitate to contact us. Do not let a simple misunderstanding ruin your future.
False Imprisonment Lawyers Somerville NJ
False imprisonment is a lesser included offense of both criminal restraint and kidnapping. A Defendant will be charged with false imprisonment in New Jersey if it is alleged that they knowingly restrain another unlawfully and by doing so they interfered with their liberty. As you can see, it does not take much for someone to be charged with false imprisonment. In order to be convicted of this offense, the prosecution must prove the following elements beyond a reasonable doubt:
- That the Defendant restrained another;
- The restraint was unlawful;
- The restraint interfered substantially with the victim’s liberty; &
- The Defendant acted knowingly.
However, if the “victim” is a child under the age of 18 and the individual is a parent and/or guardian of the victim, the individual will not be charged with false imprisonment, provided the “restraint” was done with the purpose to restrain the child.
If you have been charged with false imprisonment and have been served a Temporary Restraining Order (TRO), the Law Offices of Proetta & Oliver can help. Anyone served will a TRO will be forced to defend those charges at a FRO hearing. That hearing will take place in the Somerset County Superior Court, Family Division and the standard of proof will be by a preponderance of the evidence. For more information on how to defend a temporary restraining order in New Jersey, please checkout our Somerset County TRO practice area or contact our office at (908)533-1064.
Is False Imprisonment a Felony in NJ?
False imprisonment is a disorderly persons offense, which is New Jersey’s version of a misdemeanor. If convicted, a Defendant would be facing up to six months in jail, a fine up to $1,000, a criminal record and most likely a no victim contact order. With that being said, New Jersey has created a diversionary program known as the conditional dismissal program. This is a program whereby if the Defendant completes the term of probation, without violating any of the terms, the pending charges will be outright dismissed. To speak to one of our Somerset County criminal defense lawyers about your options then please contact us at (908)533-1064.
False Imprisonment Attorneys in Bridgewater NJ
Being charged with a crime can be nerve wracking. Not knowing where to turn or who to trust will inevitably increase the stress. However, hiring the right attorney, one who knows how to handle these types of charges can go a long way to alleviating some of that stress. If you have been accused of false imprisonment, stalking, harassment, criminal mischief, resisting arrest or disorderly conduct in Somerset or Hunterdon County, Proetta & Oliver can help. If you would like to speak to one of our criminal defense lawyers about your options, then please contact us at (908)533-1064. We have been appearing in courts throughout Somerset County, including Raritan, Readington, Watchung, Bound Brook, Manville, Hillsborough, Bernards, Flemington and Far Hills.