I woman accused me of stalking and she provided false info to police implying that I had been following her, when that is not true. She then used the police report as part of a criminal harassment lawsuit against me. In court, she ended up accepting a settlement to drop the charges in exchange for... View More 
answered on Oct 15, 2017
2C:28-4 . False reports to law enforcement authorities
a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.
b. Fictitious... View More
answered on Jun 19, 2017
Landlord can require documents as a condition to rent to determine
I was leaving a bar in NJ and had difficulty locating my car in a very large parking lot. A hostess helped me find it and then said she did not want me to drive because she thought I was drunk. I said I was find and left and she threatened to call the police. I drove home safely with no... View More
answered on Jun 19, 2017
Court typically would not permit non officer to sign DWI complaint. NJ Law says 39:4-50 Driving while intoxicated
39:4-50 . (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic,... View More
My son 18 year old rear ended another car and has a ticket for careless driving, should we plead guilty and move on?
answered on Jun 19, 2017
39:4-97 Careless driving
39:4-104 Fine or imprisonment not
exceeding 15 days, or both
$50 $200 plus court costs
NJ MVC Points 39:4-97 Careless driving 2
and 2 Car insurance points
Plus Judge Can Suspend DL for Willful Traffic Offense.
State... View More
answered on Jun 19, 2017
DOMESTIC VIOLENCE DEFENSE
New Jersey domestic violence laws are very strict. A spouse or girlfriend could call the police and if there are any signs of physical injuries the police must arrest the man. Even without independent witnesses and no physical injuries, police may arrest the man.... View More
What I've received to sign and have notorized reads to me like it's full distribution and I'm releasing all other claims against estate. I can't even find out the value of the estate. Is there an accounting form I can submit to court? I don't have probate case number or any... View More
answered on Jun 19, 2017
Release & Refunding Bond in Probate matters
Under New Jersey law it is the duty of the fiduciary [Executor or Administrator] to make arrangements to pay bills and other estate expenses and carry out instructions under the Will. NJSA 3B:23-24 provides the fiduciary shall take a Release... View More
The prostitute was a undercover cop setting people up. Money was never exchanged. She never got in the car. Neither parties
knew each other prior to the situation.
answered on Jun 19, 2017
2C:34-1 Prostitution and related offenses.
Prostitution and Related Offenses.
a. As used in this section:
(1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to... View More
answered on May 2, 2017
Under N.J.S.A. 2C:35-10.5, New Jersey’s Prescription Drug Statute states that it is illegal to carry prescription drugs and other medications without a valid prescription. Also possessing and distributing prescription medication is illegal unless you are a licensed physician, pharmacist, dentist... View More
Owner hit subjects vehicle and left the sene. Returning some minutes later. Owner lied and told Police that he was the one hit. He later offered the subject $250.00 for damaged, in front of officer. Subject was arrested and given a DWI. Subject never left the parking lot, Nor was subject... View More
answered on May 6, 2017
DWI 39:4-50 Driving while intoxicated includes parking lots
39:4-50 . (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor... View More
I was arrested for burglary and while I was incarcerated a detective from a whole different town came and dropped couple new charges on me both cops admitted that I fit the prfile in their investigation which lead to me being pursuit neither towns had warrants literally profiled me because of my... View More
answered on May 2, 2017
The state must prove:
2C:18-2 Burglary. a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:
(1)Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time... View More
we have a pool attorney who has not returned our call at all in weeks. never talked to him once and court is april 18th
answered on Apr 19, 2017
If you go with public defenders office you are stuck with whoever the OPD assigns. Just borrow funds if important and hire a private attorney responsible only to client
answered on Apr 19, 2017
Criminal Indictable and Disorderly Offense Penalties
Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail 6 month maximum
probation 1-2 year max
community service 180 days maximum... View More
got my license renewed till last year then the tickets posted again and what do i do now ? i called the dmv in NJ they said pay them a hundred dollars why i took care of the tickets back then i feel like i am being scammed by NJ
answered on Nov 1, 2016
Surcharges are fines assessed by New Jersey Surcharge Violation System (NJSVS). Drivers who have excessive points for traffic violations or have been convicted in court for specific offenses such as driving while intoxicated (DWI) are liable for Surcharge. Surcharges are in addition to any court... View More
My friend was making a left turn to the parking lot from the right side of the road. It's a raining night and in his turning process, he didn't see that on his right there's a university school bus making left turn above him. He is afraid that there might be a collision so he... View More
answered on Nov 1, 2016
39:4-128.1 Passing school bus while
picking up or discharging
First offense: Fine or
imprisonment not exceeding 15
days or 15 days community
service, or both
fine $100 -$1,000
5 NJ MVC Points 39:4-128.1 Improper passing of school bus 5... View More
My Mom owned a condo in NJ. It was her primary residence. In 2012 she signed it over to my two sons but retained a Life Estate. My Mom lived in the condo until the day that she died in 2015.
My sons want to sell the condo. What do they need to do?
I've read that the... View More
answered on Nov 1, 2016
life estate ends upon death. hire real estate lawyer to handle the sale.
of the kids get the money outright, but for my dad, he has to go through a trust -- is there any way we can change this now that my grandfather has died? The other two siblings are fine if my dad gets the money outright.
answered on Nov 1, 2016
For the Trustee to change or violate the terms of a trust they probably would need to seek court approval.
answered on Nov 1, 2016
Defense to refusal sometimes where person medically unable to provide breath samples
State v. Monaco
444 NJ Super 539 (App. Div. 2016)
In affirming defendant's conviction of driving under the influence and refusal to submit to a chemical breath test, the court address... View More
answered on Nov 1, 2016
2C:36-1. Drug paraphernalia, defined; determination As used in this act, drug paraphernalia means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing,... View More
answered on Oct 9, 2016
a area attorney wrote
NJSA 39:4-50.15 provides for additional criminal penalties for those individuals that are found guilty of a DWI when there is a minor (17 or younger) in the car. That's right, there are penalties for this specific offense in addition to the already severe... View More
Boyfriend is disabled & was attacked by 2 former friends at our home. It was not a consenting fistfight, as my boyfriend was standing in the doorway, was dragged outside & beaten & kicked. His 5-year old son was in his bedroom, did not see what happened but heard yelling & knew who... View More
answered on Oct 9, 2016
2C:12-1 b. Aggravated assault. A person is guilty of aggravated assault if he:
(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such... View More
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