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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: If someone violates a restraining order and I feel my life in danger, could I get justifiable homicide if I killed him
Louis A Casadia
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answered on Jan 10, 2024

This question is a very fact sensitive analysis. The fact that you have a restraining order against the individual would not, by itself, justify a homicide. However, it would be one fact to be considered in determining if the affirmative defense of Self Defense applies. Self Defense in New Jersey... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Must a Title 39 summons be issued when the stop leads to an arrest, or would a warning suffice?

Is a law enforcement officer required to issue a summons for the traffic violation which is the probable cause for a traffic stop if that traffic stop leads to an arrest of one of the occupants or would a written/verbal warning be permitted? (Specifically pertaining to non DWI cases and cases where... View More

Jeremy M Lackey
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Jeremy M Lackey
answered on Jan 5, 2024

This largely depends on the circumstances of the arrest of the occupant. For instance, was the occupant arrested for something related to the traffic stop OR arrested for another reason (independent arrest warrant, possession of contraband or drugs, etc.). A roadside stop under New Jersey law and... View More

3 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: Is it best to hire a lawyer to help me file charges against the man that molested my minor daughter?
Louis A Casadia
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answered on Jan 10, 2024

You do not need to hire a lawyer in order to file criminal charges against this man. There are very limited benefits for you to pay an attorney to advice you on how and where to file criminal charges. Criminal charges are investigated by members of law enforcement and prosecuted in court by either... View More

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3 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: Is it best to hire a lawyer to help me file charges against the man that molested my minor daughter?
Richard Diamond
Richard Diamond
answered on Dec 29, 2023

I dont know if you are talking about criminal charges or filing a civil suit or both against this person but you should meet with a criminal law attorney to get a better understanding of what you will need to provide the police for purposes of pursuing criminal charges against him and you should... View More

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2 Answers | Asked in Civil Litigation and Criminal Law for New Jersey on
Q: i need to know about temporary restraining orders in new jersery

my tools were stolen by a former customers and because ive been asking for them back through text they have filed a restraining order. the best part is everything in the police report is ficticious and i can prove it. the bottom line is i want my tools back

Richard Diamond
Richard Diamond
answered on Dec 6, 2023

This does not sound like a domestic violence type matter (unless you were involved with this person in a dating relationship or lived together) - so not sure what type of temp restraining order was obtained against you but if this person took your tools, I would speak with the police about filing a... View More

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1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Small Claims for New Jersey on
Q: Can I send a text saying since I have sent haven’t received response I will put items on curb by end of week?

Employer and guest were really rude (childcare). I quit on the spot. I was reminded that I had car seats and karate uniforms in car. I asked to confirm date time and place where he can pick up items as I don’t want to go back to their home. I have not received response I have not received... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, regarding the return of items like car seats and karate uniforms to your former employer, it's important to handle this in a way that protects your interests and avoids potential legal issues. Sending a text to notify them of your intention to leave the items on the curb if... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: If the cops bring a dog to sniff your car, is that probable cause for them to go in the car?

I was arrested for pills I wasn’t in my vehicle. But they took my car I went to jail got released and 3weeks later they put a warrant out for my arrest. But I still go to probation. And when I called the public defender office to get information on the warrant but they said it’s not in the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 28, 2023

Yes in general the positive sniff by the dog would give them probable cause to search your vehicle, but everything is fact dependent and your lawyer would need to review the discovery to give you a certain answer so speak with and hire a lawyer if you are charged or think you will be charged.... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is wife responsible for incarcerated husband's lawyer fees in New Jersey?
James L. Arrasmith
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answered on Nov 12, 2023

In New Jersey, a wife is generally not responsible for covering her incarcerated husband's legal fees and criminal defense costs. There are a few reasons why:

First, marriage does not make one spouse liable for the other's debts and obligations under New Jersey law. Spouses...
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1 Answer | Asked in Criminal Law, Personal Injury and Constitutional Law for New Jersey on
Q: What are the firearm guidelines to protecting yourself and family in a NJ home invasion?

It is very hard to stay calm and think correctly in a home invasion given several factors: emotions, fear, not knowing the robber(s) intent to harm, kill, rape or kidnap, and the element of surprise is on their side to conquer. You don't know if they have weapons on them: knife, mace, gun, and... View More

James L. Arrasmith
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answered on Nov 5, 2023

In New Jersey, the use of force in self-defense, including deadly force, is generally permissible when you reasonably believe such force is necessary to protect yourself or others from imminent harm. The state's laws allow for the use of force in your home under the "Castle... View More

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.

Michael A. Smolensky
Michael A. Smolensky
answered on Sep 23, 2023

Mistakes can certainly happen. Ordinarily, however, the Superior Court does not schedule the Arraignment until an indictment has been filed. Presumably you were either appointed an attorney through the Office of the Public Defender or you have retained private counsel. Therefore, either of them... 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 and Communications Law for New Jersey on
Q: I was arrested on a bogus 911 call they have a warrant to see if anything on my phone was pinged back to me.

I have a restraining order on someone and they violated it using a text now number but the cops are trying to see if it gets pinged back to my phone

I received a summons when I was arrested last, if they were to find something on the phone would I be arrested again or would it go to court... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 4, 2023

Yes, generally if you have a restraining order against you and they find something to show you have contact with the victim, you would be arrested on a warrant and can even be held over until trial. Get a lawyer if you think they may find something, especially one good with hiring and using a... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is supervised parole under NJ NERA the same as standard parole for inmates being released
T. Augustus Claus
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answered on Aug 29, 2023

No, supervised parole under New Jersey's No Early Release Act (NERA) is not the same as standard parole for inmates being released. NERA is a law that requires certain offenders to serve a specific percentage of their sentence before becoming eligible for parole. Offenders subject to NERA must... View More

1 Answer | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: I pleaded out to up to 90 days and probation for restraining arrest and invitation of prissy what do you think will happ
T. Augustus Claus
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answered on Aug 24, 2023

In New Jersey, if you have pleaded out to a sentence of up to 90 days in jail and probation for charges of resisting arrest and obstruction of justice, the exact outcome can depend on various factors including your prior criminal history, the circumstances of the case, and the discretion of the... View More

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: What is probable cause for a cop to search your car and make you perform a field sobriety test

A cop pulled up behind me while i was sitting in my car talking to my girlfriend. He made me and my girlfriend get out of my car and wanted to search my car and made me perform a field sobriety test. He did not pull me over while i was driving, we had just gotten in the car and were about to leave... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 22, 2023

Each case is fact dependent, just because your car was on for over 3 minutes does give him the right to stop you as it is a violation of the law,but not the right to test you for a DWI, he would have needed some other articulable reason.

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How long do you have to wait for while a cop is “trying to get a k9”
T. Augustus Claus
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answered on Aug 11, 2023

The amount of time a police officer can wait to call in a K-9 unit during a traffic stop can vary based on the specific circumstances and laws in your jurisdiction. Generally, officers must have a reasonable suspicion or probable cause to believe that there's illegal activity or contraband in... View More

2 Answers | Asked in Car Accidents and Criminal Law for New Jersey on
Q: Hello, someone hit a parked car while pulling out and thought there was no damage. He now has a court appointment.

Hello,

Someone hits a parked car while pulling out of street parking and thought there was no damage on the other car. He just checked the car from rear mirror and left the scene.

A police officer called after a few days and said the car had camera and reported very minor damage.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 5, 2023

You better tell your friend to hire a good lawyer. Your friend is facing up to 30 days in jail and 6 months loss of his license and some fines. If convicted which it sounds like it would be easy for the state to do, due to the video evidence, these penalties are a real possibility without good... View More

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1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: If I am riding my motorcycle and someone tries to take my keys by force, am I allowed to use force to defend myself?

This is simply out of curiosity based on a video I saw today.

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 27, 2023

New Jersey law recognizes defense of oneself as justification for conduct that would otherwise be considered criminal. One thing that many people seemingly fail to realize, however, is self-defense is not self-executing. This means that a person can be charged, for example, with assault even if he... View More

3 Answers | Asked in Personal Injury and Criminal Law for New Jersey on
Q: I'm having charges pressed against me after my drunk "friend" fell and hit her head. Do I have a case?

My friend and I were at Applebee's when she had 2 double shots of tequila and a Margherita. As I was walking her out of Applebee's and to my car, I had to adjust my grip (I was helping her walk) when she fell and hit her head on the sidewalk. She's now saying I assaulted her. Help me please!

Leonard R. Boyer
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answered on Jul 19, 2023

If this happened in New Jersey, and a complaint was filed against you for a Temporary Restraining Order, then you really need to retain and experienced matrimonial attorney with extensive domestic violence trial experience. If there are also separate charges against you for assault in municipal or... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was subpoenaed as a witness in a murder trial which has ended. Am I able to request the transcripts from the trial?

He was found guilty but has not been sentenced. I wasn't able to be present for any of the trial except for my testimony. I am a resident of PA but the crime and trial happened in Hunderton county NJ.

T. Augustus Claus
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answered on Jul 7, 2023

You may have the right to request the transcripts of the trial proceedings. The availability and process for obtaining trial transcripts can vary depending on the jurisdiction and the specific circumstances of the case. In New Jersey, you can generally request trial transcripts from the court... View More

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