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Questions Answered by Amber Forrester
2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it lawful for the state of New Jersey to sentence a youthful offender under the age of 20 to a longer sentence than a

A 17-year-old juvenile, when there is neuroscience that shows similarities in their mental capacities?

Amber Forrester
Amber Forrester
answered on Feb 28, 2024

While the most up-to-date developmental psychology studies tell us that the prefrontal cortex--the part of the brain that comprehends complex issues like the consequences of our actions--isn't fully developed until we're about 26, the law in New Jersey (as well as federal law) has not... View More

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Why do I have a post indicted arraignment when I haven’t been indicted yet ?

October 2022 I was involved in a car accident. Hit 3 juveniles. Charges with 3 account of attempted murder and three accounts of agg assault. I was released on house arrest. But I haven’t been to court since being released. My court date if October 2023. I wasn’t indicted yet.

Amber Forrester
Amber Forrester
answered on Sep 23, 2023

While it is not impossible that it was listed erroneously, the odds are that you have been indicted and are just not aware of it yet. Grand jury presentments are secret proceedings that you are not made aware of beforehand, and the filing of the indictment is often the first time you learn your... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: My daughter was detained at the Newark Airport for unknowingly violating N.J.S. 2c:39-3e. She has no criminal record.

She was not aware that the weapon, a collapsible baton, was in her carry-on luggage. She was in the process of catching a business flight to Cincinnati, Ohio on behalf of her flight school. She is 22 years old, a certified commercial pilot, and working to get her degree in Aeronautical... View More

Amber Forrester
Amber Forrester
answered on Apr 11, 2023

While her lack of record makes her eligible to apply for the Pre-Trial Intervention program, if accepted that potential dismissal will take a minimum of 12 and maximum of 36 months and require at least some effort from her. Just having a pending charge in the event of a background check may be... View More

3 Answers | Asked in Criminal Law for New Jersey on
Q: What to do if you are incarcerated for stealing a street bike you did not steal however you were pulled over riding on?

My boyfriend was asked to ride a street bike with his friend to his house. During the short ride my boyfriend was pulled over and given tickets for it being unregistered etc. it was not reported stolen and he did not know it indeed was stolen. Later on he gained knowledge the friend had stolen two... View More

Amber Forrester
Amber Forrester
answered on Feb 5, 2022

From your post, it’s unclear whether this took place in New Jersey or Maryland, but regardless of where, it’s important that your boyfriend has qualified legal counsel. In NJ, a critical element of the crime of Receiving Stolen Property [meaning something that the State needs to prove beyond a... View More

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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?
Amber Forrester
Amber Forrester
answered on Dec 17, 2021

There are a number of NJ felony convictions that will prevent a person from being able to legally own a firearm thereafter. The particular offenses you reference, however, are disorderly persons offenses (called misdemeanors in many other states) which in general do not prohibit someone from... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: My boyfriend got arrested in Pennsylvania for a bench warrant in New Jersey on a case that happened 18 yrs ago

It was on an assault case that was In 2003 and the order a bench warrant for 2004. But the guy who filed the charges moved to Florida and passed away in Florida. But my boyfriend told me that he was defending himself after the guy knock my boyfriend's glasses off his face and he couldn't see.

Amber Forrester
Amber Forrester
answered on Dec 1, 2021

The states cooperate in terms of arresting people wanted on another state's warrant. Your boyfriend will be subject to extradition, which means that PA will call the NJ entity that issued the warrant and ask if NJ wants to come and get him or if PA should release him. If NJ indicates that... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Are possession/distribution charges eligible for expungement after a time period? 2017 and 2018

One charge was ended and completed in probation in 2019(filed 2018) plus all fines paid. I had a smaller, minor charge from 2017 (failure to give CDS to police) which ended in just fines. Both cases went to superior court. The latter charge is a possession/distribution charge. Thinking back, I... View More

Amber Forrester
Amber Forrester
answered on Nov 28, 2021

The best way to know for certain whether you are eligible for an expungement is to reach out to an attorney who can look up any and all charges that come up in your name and let you know if you qualify or not. Many of us offer free consultations, and when called for an expungement case, will look... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: what is the punishment for armed robbery in NJ? Also, what is the punishment for a second-degree offense?
Amber Forrester
Amber Forrester
answered on Dec 1, 2021

Armed robbery is a 1st degree offense in NJ, which means it carries a possible sentence of 10-20 years in state prison and because it falls under the No Early Release Act, a person convicted of it would served 85% of whatever amount of time sentenced before becoming eligible for parole. There is... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it possible to get a aggravated assault charge dropped?

Due domestic violence with my fiancé.

Amber Forrester
Amber Forrester
answered on Nov 14, 2021

Ultimately, dismissal of charges is in the discretion of the prosecutor, but there are several reasons they might decide to do so. The opinion of the victim is especially important in these cases, but so is the credibility of that person. The particular facts of the case will matter most, and an... View More

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1 Answer | Asked in Juvenile Law for New Jersey on
Q: A 13 year old “jumped” a classmate. Victim ended up with a broken nose. If parent presses charges, what can happen?

Suspect attacked another student(middle schools students). Victim did not fight back as smaller in size. Victim ended up in the hospital with a broken nose. Will there be any repercussions if the mother presses charges? As seen normally juvenile cases get dismissed and left to the parents... View More

Amber Forrester
Amber Forrester
answered on Oct 29, 2021

While there are many diversionary options (resolutions that do not result in the juvenile being adjudicated delinquent) in juvenile court, it is not the case that juvenile cases normally get dismissed or left to the parents discretion when a formal police complaint has been filed. The possible... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: I received a $50 trespassing on railroad property ticket in north Bergen new Jersey back in 2016.

For not paying I received a warrant and had my license suspended. Would I still have the warrant and would I be able to work on getting my license back?

Amber Forrester
Amber Forrester
answered on Oct 11, 2021

It’s very unlikely that the warrant would have been rescinded without being addressed. You should contact the court to find out how you might go about handling the warrant, and the original ticket (though if it’s trespassing, it’s probably not simply a ticket you can pay but a lower level... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Would it be a conflict of interest if a lawyer was representing a client and came into information that a former

client may be involved in the case?

Amber Forrester
Amber Forrester
answered on Sep 24, 2021

It certainly could be a conflict, but it would depend on a number of variables whether it actually is, including what the former client's role is in the new client's case. Additionally, conflicts of interest can be waived in some circumstances.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is my Ocean County, NJ charge 2C:35-1()A(1) Possession CDS/Analog Schd
Amber Forrester
Amber Forrester
answered on Aug 23, 2021

Assuming you are talking about 2C:35-10a(1), which is the possession of a controlled dangerous substance in schedule I, II, III, or IV, the short answer is yes. In NJ, felonies are referred to as indictable offenses or crimes and there are 4 degrees. The statute you seem to be citing is a 3rd... View More

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1 Answer | Asked in Criminal Law, Internet Law and Juvenile Law for New Jersey on
Q: My daughter is being cyberbullied by other students and the school is not doing anything to fix this. What to do?
Amber Forrester
Amber Forrester
answered on Jul 15, 2021

While you may not be able to do much to force the school to take action, there is a criminal offense in NJ pertaining to cyber-harassment (found on this site by searching for 2C:33-4.1) and you could file a complaint at the police department against those bullying her under that statute. That said,... View More

1 Answer | Asked in Juvenile Law for New Jersey on
Q: My son is 12 and my daughter was 5 at the time if found guilty or plea guilty is jail time mandatory?

My son was the one did this he has 2 changes 2c:14-2b and 2c244a1

Amber Forrester
Amber Forrester
answered on Jun 22, 2021

The offenses you’ve cited are 2nd and 3rd degree, respectively, and in juvenile court a 2nd degree carries as much as 3 years of incarceration and a 3rd degree carries as much as 2 years of incarceration. Because of his age, he will not be waived to adult court despite how serious the charges... View More

1 Answer | Asked in Criminal Law and Education Law for New Jersey on
Q: I'm looking for help with my daughter's virtual high school attendance...

She was given a school-issued Chromebook in September, when she started high school. Due to the pandemic, I kept all 3 of my kids virtual. Her particular Chromebook would not stay connected to my home wifi and she would use her personal laptop to log into school. On the days she used her laptop,... View More

Amber Forrester
Amber Forrester
answered on Jun 21, 2021

You didn’t specify, but if you’ve got a court date, I assume you (and your daughter) are facing a truancy charge. That can be treated as a disorderly persons offense (NJ’s term for misdemeanor), and while the fine is low, it’s still not something you’d want to have on your background,... View More

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?

Amber Forrester
Amber Forrester
answered on Jun 10, 2021

What you’re describing sounds like it may be charged a few different ways, including as Resisting Arrest by Flight. That would be an indictable offense in NJ (aka a felony) and there are many reasons not to want the possible consequences of that offense to follow you around. An experienced... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Does the NJ statute of limitations clock start the day the crime was committed? What if it's not discovered by police?

I'm working on a research essay and I need some clarification around statute of limitations in NJ for criminal codes.

I see it clearly listed in my textbook and online that indictable crimes (felonies in NJ) typically have a 5 year statute and disorderly persons (misdemeanors in NJ)... View More

Amber Forrester
Amber Forrester
answered on Jun 6, 2021

While you’re correct about the general 5 year and 1 year SOL for crimes and disorderly persons offenses, there are a number of exceptions, including for crimes with no time limit, cases involving sexual assault where the crime may not be discovered until a later date and crimes involving certain... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: I got caught with 2 lil pebbles of crack 10 dollars worth am i goin to jail i dont have a record im in jersey
Amber Forrester
Amber Forrester
answered on May 10, 2021

Possession of any amount of cocaine (powder or rock) is a 3rd degree felony in NJ and carries a maximum exposure of 3-5 years of state prison. Distribution or intent to distribute can make it a higher charge, but that doesn't appear to be at issue here. Likely sentence, however, depends... View More

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Can please let explain what exacuting a warrant means
Amber Forrester
Amber Forrester
answered on Apr 12, 2021

It depends on the sort of warrant it is—for example, executing a search warrant means law enforcement arriving at a location where a judge has allowed them to search during a specific time and performing the search.

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