Lawyers, Answer Questions  & Get Points Log In
New Jersey Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: When was 2019 NJSA Section 9:6-3 - Cruelty and neglect of children; crime of fourth degree; remedies -revision DATE?

When was 2020 NJSA Section 9:6-3 Cruelty and neglect of children; crime of fourth degree; remedies -revision implemented DATE?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 24, 2021

You would need to spend the time just like a lawyer to look that up on the legislative history for the statute. You need to do this online and I suggest using Westlaw or Lexis, be aware they will charge you for the search

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 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 »

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Is it legal for the cops to lie and say I have a warrant so they can get me near them to pin. Stuff on me?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 15, 2021

Cops are allowed to lie, but this one is a close one in regards to that which a judge would have to decide based on the testimony of the witnesses. That being said you always have a right to see a copy of the warrant.

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.

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 »

1 Answer | Asked in Criminal Law and Immigration Law for New Jersey on
Q: question about 5 year "GARCIA" rule in the US 3rd circuit

hi, this question is mainly for immigration lawyers in the united states 3rd federal circuit. I want to ask about something called the 5 year "garcia" rule; which mainly states that after 5 years, the federal government cannot rescind and deport someone if they find out that the green... Read more »

Agnes Jury
Agnes Jury answered on Jun 2, 2021

If you are unable to find the information you are looking for online, then you may need to hire an attorney to provide you with a written legal analysis. This type of work is usually done on an hourly basis but not many attorneys would be interested in this type of work. Best wishes!

1 Answer | Asked in Civil Litigation, Criminal Law, Estate Planning and Civil Rights for New Jersey on
Q: Can the township impound my travel trailer that is in my brothers yard??

Brother said it’s ok, haven’t gotten any no ice

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 19, 2021

Maybe we would need to know the reason it was impounded to answer the question properly.

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
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 10, 2021

There is a difference between not having a record and not having a prior criminal charge. If you have no prior criminal charges a good lawyer should be able to keep you out of jail. That being said no attorney by law can guarantee a result and in general the better the lawyer you hire the better... Read more »

View More Answers

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
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 2, 2021

You need to contact a lawyer that does Criminal Appeals

View More Answers

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.

1 Answer | Asked in Criminal Law, Family Law, Adoption and Municipal Law for New Jersey on
Q: Can law enforcement question an 18 yr old if they're legally disabled and mentally half their age?

Especially since they are legally still under a kinship legal guardian because they didnt graduate yet because they have learning disabilities and their legal guardian took them to the police department under false pretenses and did not give consent to be interrogated alone which should mean the... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2021

The issue is not whether the police can question the individual but whether the information provided to the police as a result of the interrogation is admissible or can be used in a criminal court proceeding.

1 Answer | Asked in Criminal Law, Personal Injury and Medical Malpractice for New Jersey on
Q: Can I sue for the medical neglect, physical abuse, emotional abuse and sexual exploitation of my daughter in DDD homes

I have taken her out and collected documentation of beatings, lack of psychiatric care, broken arm and exposure to constant sexual exploitation.

Richard Diamond
Richard Diamond answered on Apr 22, 2021

You need to sit down with a "certified civil trial lawyer by the NJ Supreme Court" to discuss your legal rights. This is obviously not a family law question but a matter involving the potential for a civil lawsuit for damages. If you run a search for a lawyer, type in the information... Read more »

3 Answers | Asked in Criminal Law for New Jersey on
Q: Can please let explain what exacuting a warrant means
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 12, 2021

It depends but it may mean that a cop is going to a persons house to arrest someone

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: I have one felony charge on my background, and a multitude of arrests not resulting in a conviction.

I want to get my record expunged, can I get both my arrest record and my felony charge expunged?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 12, 2021

Maybe you can get an expungment, a lawyer would need to know exactly what your charges were for and when you got them to properly evaluate your chances.

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 Consumer Law, Criminal Law, Banking and International Law for New Jersey on
Q: I would like to sue Binance for stealing from me, and am in need of legal assistance

Binance has over 300k in stolen assets, and refuses to return it or cooperate with investigation, and also locked my account.

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil answered on Mar 30, 2021

File a police report for the stolen assets.

2 Answers | Asked in Civil Rights, Consumer Law and Criminal Law for New Jersey on
Q: I am a victim of theft by deception $14K, i filed in township municipal court . is that the correct action.

2 desired outcomes i am looking for

- stop this crime from happening to others( looks like this contractor has already done this with many other homeowners in princeton, monroe,hillsborough,flemington,south brunswick )

- refund of my money

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

This is a Civil case that must be filed in Superior Court, Law Division. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home Improvement... Read more »

View More Answers

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 »

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.