Saturday, October 10, 2009

Preindictment (PIP) Court

Preindictment (PIP ) Court in Monmouth County is designed to dispose of the less serious indictable cases such as Possession of CDS (drugs) ,shoplifting, thefts and others before they are presented to the grand jury. The court sessions are held every Thursday .

At the opening of court the Judge will say "This is not the Court for the inexperienced attorney. Only an experienced attorney can determine whether you are being the best offer from the prosecutor". A seasoned attorney is required because he must make an quick analysis of the police reports to determine what the lowest possible offer should be. For example if the police reports show in a drug possession case that there was an illegal unconstitutional search it is possible to negotiate a plea to a disorderly persons charge. But the lawyer has to know all the variables of illegal search and seizure law in order to persuade the prosecutor to lower the offer. In shoplifting cases it is possible to structure the plea to avoid mandatory sentences.

Finally your legal fees should be less. Some lawyers may try to charge you thousands of dollars merely because the case involves an indictable charge. But actually the fees should be lower because PIP court only involve two appearances: the plea and the sentence. And if your case is reduced to a disorderly persons charge you can be sentenced to a fine that day.

Mr. Donnelly has handled over 1600 cases in PIP court
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Mr. Donnelly has handled over 1600 cases in PIP Court

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