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Questions Answered by James A. Abate
2 Answers | Asked in Criminal Law for New Jersey on
Q: If you are arrested the day after a search warrant expired can you get the case dismissed
James A. Abate
James A. Abate answered on Jan 19, 2022

Based on your description, no. A search warrant relates to the search, not the arrest. An arrest warrant is usually open ended and does not expire until executed.

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4 Answers | Asked in Criminal Law, Family Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. Can I legally sue?

Leonard: I do not appreciate... Read more »

James A. Abate
James A. Abate answered on Jan 4, 2022

Sounds like you are on your moms cell phone plan. Otherwise she would not be able to activate the feature which is put there by ATT for a family plan. You cannot sue as there is no cognizable claim for damages. You can try to convince the police to do something. But there may be permanent... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Why is it that a lawyer wouldn’t show up for a pre-indictment hearing?

Today was my fiancés pre-indictment hearing, we have been waiting to hear about any discovery found, the strength of the evidence (which as we know it isn’t too strong), the possible charges, etc. However the lawyer did not show and the pre-indictment hearing was literally under five minutes and... Read more »

James A. Abate
James A. Abate answered on Dec 16, 2021

There may not have been a pre indictment offer and the prosecutor was simply going to grand jury. The PIC is a way for prosecutors to offer a discount on the sentence in exchange for not having to go to GJ. So it may have been a really bad or no offer. You are also provided very cursory discovery... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: How much time can u serve for having a gun in nj

With no permit

James A. Abate
James A. Abate answered on Dec 13, 2021

If State charges and just for unlawful possession it will be 3-5 years for 3rd degree, 5-10 for 2nd Degree. This is a NERA charge so you must do 85% of the time.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: If I’m convicted of simple assault and harassment in New Jersey, can I obtain a permit to purchase firearm?
James A. Abate
James A. Abate answered on Dec 9, 2021

Any domestic violence conviction will prohibit your obtaining a FID. Additionally, the following offences prohibit the possession of a firearm: robbery, aggravated assault, burglary, arson, extortion, homicide, kidnapping, escape, sexual assault, aggravated sexual assault, endangering the welfare... Read more »

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Hello wondering in relation to Johns Law , How long are the Police allowed to keep someone in Custody refuses breath

This person does not own the vehicle and it is impounded and does not have a ride from the Pct . The person also failed the Field Sobriety test and does show signs of intoxication

James A. Abate
James A. Abate answered on Dec 1, 2021

Police will keep a person in custody until someone comes to get them or they are sober.

2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey on
Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

James A. Abate
James A. Abate answered on Aug 2, 2021

People are convicted of things they did not do all the time. The trier of fact decides what are "facts" and what are "lies". In municipal or family court that is a judge. In Criminal Indictable cases that is a jury. So even though you think this is something you haven't... Read more »

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Do I need a lawyer to represent this charge in a zoom hearing for walking away from a police officer?

I walked away from a police officer and was arrested for it. Will this lead to misdemeanor charges or just laying a fine? I have a zoom hearing, can I take care of that myself?

James A. Abate
James A. Abate answered on Jun 10, 2021

Whether you are facing a a disorderly persons charge (NJ does not call them misdemeanors) or an indictable offense, you are facing a criminal record. That is not the kind of thing anyone should be handling themselves.

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2 Answers | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: I need a pro bono later I live in north Brunswick nj traffic atop DWI and careless driving court date may 5,2021

No

James A. Abate
James A. Abate answered on May 3, 2021

When you go to court you can apply for the public defender.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I need a lawyer to challenge what i deem to be an excessive sentence. The person had no priors but has a 48 yr sentence
James A. Abate
James A. Abate answered on May 2, 2021

You need to contact a lawyer that handles criminal law and appeals.

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1 Answer | Asked in Consumer Law, Contracts, Copyright and Criminal Law for New Jersey on
Q: Can i be sued after removing a photo at the client's request?

I posted a picture of my client, no face, no identifying markers. I thought I had permission based on a text conversation because she did not sign a media release. she asked me to remove it, i did immediately, she wrote me after and said she is suing me (after the photo was removed). Can I still... Read more »

James A. Abate
James A. Abate answered on Apr 29, 2021

More information is needed. But anyone can sue, whether they have a serious claim is another thing.

5 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Falsely accused of domestic violence just so she can obtain custody of my kids can I hire an attorney need help
James A. Abate
James A. Abate answered on Apr 29, 2021

Yes you can hire a lawyer. Look for an attorney who handles domestic violence cases. It is not unusual that the TRO is sought to prepare for a divorce. If you believe a divorce is in the offering then you should speak to a divorce lawyer.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Can please let explain what exacuting a warrant means
James A. Abate
James A. Abate answered on Apr 13, 2021

If its an arrest warrant, they arrest you. If it is a search warrant, they conduct the search.

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Would this offense be on my permanent record even though I was the passenger?

I received a ticket for consumption of open alcohol as a passenger and I spoke with the officer and he said that no points would be added to my license nor would it go on my record. The only thing I would need to do is pay the fine relating to the offense. This is my first offense and I’ve... Read more »

James A. Abate
James A. Abate answered on Apr 12, 2021

That is a motor vehicle violation so it would got on your motor vehicle abstract.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hi, is there any lawyer who speaks Turkish around Cliffside Park, NJ. I need a lawyer who knows domestic violence

I am under threatened with eviction by my husband. He told me he will sell his house and throw out my belongings. Can he do this? He wants to divorce without alimony. I am a housewife, 49 ages and a gammy person now. I had a bicycle accident and my husband is a causator (obsolete). He is... Read more »

James A. Abate
James A. Abate answered on Apr 3, 2021

I am so sorry to hear you are going through this. You do need a lawyer. I would think someone in the Turkish community would be able to help find a lawyer who speaks the language. Otherwise you can use a translator. Best of luck.

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: In New Jersey has the court made a final decision that DRE evidence is admissible in DUI cases?

Can DRE testimony be used in a municipal or state court cases in the state of NJ?

James A. Abate
James A. Abate answered on Apr 2, 2021

The special master decided that a Frye hearing is required to determine if DRE evidence is generally accepted. The Supreme Court approved of this, but did not issue a stay on DRE cases. Each municipal court is free to do what they please.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hello. I have a civil restraining order with my ex husband and he is not following it and I would like to make changes t
James A. Abate
James A. Abate answered on Mar 29, 2021

You cannot enforce Civil Restraints. They are a polite way to agree to dismiss a TRO, but there is no way to enforce them short of filling a new TRO or Criminal Charges.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: if you already won an appeal is it a bad sign that supreme court will be hearing it? Prosecutor has appealed to them. I

This is nj appellate division. Ruled in favor of inmate.

Is it a bad sign that the higher court sees a problem with the decision and want to rule against appellate court. He won first part of appeal and hoped he would soon be released. But now worried about supreme court

James A. Abate
James A. Abate answered on Mar 26, 2021

I means that the case you won on appeal is being appealed to a higher court.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a judge give a lesser sentence at a bench trial then the prosecutors original plea offer?

This is my fifth misdemeanor shoplifting offense. The prosecutor offered 90 days jail time and would not consider a lesser no jail sentence. All of my misdemeanors including this one are over a year old and I have not been in trouble since. I have mental disabilities that caused the shopliftings... Read more »

James A. Abate
James A. Abate answered on Mar 21, 2021

No. If you face a third or greater it carries mandatory jail. If the prosecutor won’t amend the charge so you escape the mandatory jail, the only option is to fight the charge at trial and win.

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Has the superior court decided on on the admissibility of DRE evidence yet?

My case is solely based on DRE observations - no urine taken - no blood taken and a 0.00 blown in breathalyzer. Is the DRE observation enough to convict me with just observing me by DRE officer?

James A. Abate
James A. Abate answered on Mar 20, 2021

The Supreme Court has denied a stay for these issues. So you should be demanding an immediate trial. Since the Frye Hearing is ongoing the DRE would be inadmissible and you should win.

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