Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Amber Forrester
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... Read more »

View More Answers

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... Read 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... Read 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... Read 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... Read more »

View More Answers

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... Read more »

View More Answers

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... Read 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... Read 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... Read 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.

View More Answers

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... Read more »

View More Answers

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,... Read 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... Read 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,... Read 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,... Read 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... Read more »

View More Answers

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)... Read 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... Read 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... Read more »

View More Answers

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.

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Immigration Law for New Jersey on
Q: Looking to retain a lawyer for a certificate of appealability. How much would it cost?
Amber Forrester
Amber Forrester answered on Apr 6, 2021

It sounds as though you want to file a writ of habeas corpus, and attorney fees vary by lawyer and complexity of a filing, so your best option is to speak to several attorneys who actually do that work to get an idea of price. Not all criminal attorneys have experience in filing habeas claims and... Read more »

1 Answer | Asked in Criminal Law and Employment Law for New Jersey on
Q: can a person work In a Delaware school district If they have a felony but the felony is not against a child.

but the person only received one year probation no jail time. and was told it could be expunged in 5 years they were charged in 2018. and finish their probation in 2019.

Amber Forrester
Amber Forrester answered on Mar 29, 2021

Whether a person can work in a Delaware school district is a question for someone familiar with Delaware law, but in terms of expungement, if the offense is eligible for expungement under all of the other variables, the 5 year waiting period begins at the completion of probation.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Albeit both being bad what is worse certain persons offense or NERA offense?

As far as expungement goes.

Amber Forrester
Amber Forrester answered on Mar 29, 2021

The No Early Release Act is a an entire category of offenses and many of the crimes on the NERA list are completely ineligible for an expungement, so it depends on which offense. That said, a person can only have one indictable conviction expunged, so a conviction for a 2nd degree Certain Persons... Read more »

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

Amber Forrester
Amber Forrester answered on Mar 28, 2021

The Supreme Court doesn’t have to take every case parties attempt to bring to it and when they do grant certiorari (that’s what it’s called when they accept a case) it generally means that there’s a issue (or perhaps several) they want to address—it’s not necessarily an indication of... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.