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2 Answers | Asked in Criminal Law and DUI / DWI for New Jersey on
Q: Underage possession and consumption. Never possessed alcohol and never got a breathalyzer. What should I do?
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answered on May 31, 2018

If it's a charge under 2c there may be loss of license associated with it. You should plead not guilty and if the prosecutor doesn't want to dismiss the case then ask for a trial by a municipal court Judge.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: If i pay this 150$ to this law office for 2A:61C-1 does this mean that the walmart store is not going to press chargers

I was charged with a 2c:20-11b (1)

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answered on May 30, 2018

Its a civil fine. You will still face a criminal case in criminal court.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket, obstructed windshield but the officer got the license plate wrong? I have a court date what happens now
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answered on May 30, 2018

just pay the ticket. it won't get dismissed for that reason and it's zero pt low fine type of violation so i would pay it.

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2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Q: I was On the beach and was written up for pass consumption without being Breathalyzed ? Is it worth fighting ?
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answered on May 30, 2018

depends on the evidence they have like odor, behavior, mannerisms, slurred speech, etc..

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I am 17 years old and got a ticket for obstruction of view, do I need a parent to be in court with me?

And will I get insurance points

Also I have a court appearance date I wouldn’t need a parent for that if I’m 17?

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answered on May 30, 2018

You do not need a parent bc it's not criminal matter.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a person go to jail for stealing $5000 in statw of NJ

I have 2 prior cases. I PTI and another 3 years probation. Last case was 2009

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answered on May 29, 2018

Yes. It is a third degree crime that carries 3-5 yrs of jail. You will need a lawyer for this case.

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2 Answers | Asked in Criminal Law and Public Benefits for New Jersey on
Q: I fraudulently received $3,377.00 in unemployment benefits in the state of New Jersey. Will they criminally prosecute?

Also, how would I be expected to pay it back? Would they take my federal tax refund? Do they take monthly payments? What if I can't pay?

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answered on May 22, 2018

Yes, they will more likely than not prosecute you. So far as paying back it's called restitution and it's based on your ability to pay so the Judge must hold a hearing on that issue if you don't agree to pay it back even by way of monthly payments while on probation.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: Open container.

Husband got open container/empty with two 6 packs in a commercial vehicle. He received two tickets which had been paid. Is that it? It was in PA and lived in NJ. Anything else to happen? I guess it is not a DUI.

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answered on May 21, 2018

His employer motor vehicle and/or insurance may get wind of this.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Husband got open container/empty and in a commercial vehicle. He received two tickets which had been paid. Is that i

Husband got open container/empty with two 6 packs in a commercial vehicle. He received two tickets which had been paid. Is that it? It was in PA and lived in NJ. Anything else to happen? I guess it is not a DUI.

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answered on May 21, 2018

If they just let him pay it then it's unlikely that it's DUI. But pleading guilty to open container in commercial vehicle may land him in trouble with motor vehicle, his employer and/or insurance. Speak with a PA attorney as my colleague suggested.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Question regarding possession of drugs in the state of NJ

If you are detained and searched by a state trooper and they find what they say is heroin but the person says they don't know what that is are they required to test the drug in your presence before charging you with possession?

Also if there is a prescription pill bottle with a pill in... View More

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answered on May 20, 2018

If they suspect heroin so long as it's well grounded suspicion they can arrest you for heroin possession. They can test it later in a lab. I imagine the authorities took the item that was used for sniffing because they don't want anyone to continue using it to sniff anything.

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2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Criminal Law for New Jersey on
Q: Public defender representation

I plead guilty to a motor vehicle infraction and now after 2 months I wanna retract my plea for lack of factual basis. I reached out to my public defender and he told me he doesn't work for me any more. Told me I need to reapply for him to represent me. Is this true? If I reopen a case, he was... View More

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answered on May 20, 2018

That is incorrect the case is now over and you need to hire a new attorney for the case.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is rehab mandatory if you get a DUI?
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answered on May 20, 2018

It's up to IDRC, then you do what they say or you go back to court and the Judge won't be happy.

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2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for New Jersey on
Q: If i didnt get my Miranda rights read to me?

I was pulled over after long conversation with officer he searched my car, me and arrested me with out reading me my Miranda rights. I was charged with a criminal charge. Since I was not read my rights as a part of an American citizen and having my rights, should the case be dismissed due to not... View More

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answered on May 17, 2018

no. only if you made incriminating statements while under custodial interrogation you can file motion to suppress those statements.

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2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: When pleading to a charge there needs to be evidence proving that you are admitting to the charge right?

I plead guilty to a charge but there was no factual evidence proving that I admitted to it other then "guilty" on the record but the judge dis not go through his speil of factual evidence of, "nobody threaten u to plead guilty", "on this date and this time you were doing... View More

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answered on May 17, 2018

you have file motion to withdraw your guilty plea or for lack of factual basis under the court rules. a guilty plea without factual basis can be withdrawn upon filing of a motion.

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1 Answer | Asked in Criminal Law and Medical Malpractice for New Jersey on
Q: In NJ can a DAG get medical info on someone without a warrant, without a medical release signed by the patient.

cont. and the following circumstances DID NOT APPLY ( These circumstances include (1) law enforcement requests for information to identify or locate a suspect, fugitive, witness, or missing person (2) instances where there has been a crime committed on the premises of the covered entity, and (3) in... View More

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answered on May 16, 2018

That is very complicated question requires thorough review and analysis but you didn't mention whether or not they had a GJ subpoena or not. An answer to a complicated legal matter such as this will be decided once you file motion to suppress and brief the law to the facts of the case. Let... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: On community supervision for life do you need to get permission to go out of state (N.Y.) for less than 6 hours.

My grandson broke his leg and my daughter called me for support at 6 p.m. I am on C.S.L. for a 1996 crime.

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answered on May 15, 2018

Speak with probation but rule of thumb is that you need permission to leave the state if you are moving. Still, it wouldn't hurt to ask the probation officer just in case. Also, read your sentencing report or Judgement of conviction to see if this question is addressed there.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket on Monday when the street was schedule to 'No Parking' for street cleaning on Tuesday. what should I do?

its a sweeper ticket.

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answered on May 15, 2018

Just pay the ticket.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: a group of kids egged my car there was no damage done what can they be charged with
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answered on May 14, 2018

mischief

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket in my fiancés car for it being unregistered. Will he be held responsible for anything?
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answered on May 14, 2018

If they issued it to you and not her then no.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is there a legal difference bet driving with an expired license and driving with no license and are the penalties diffe
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answered on May 14, 2018

expired license carries fine and state surcharges while unlicensed carries six months preclusion from getting a license once the driver becomes eligible for the license so it's basically a six month suspension from the day that the driver is about to get licensed.

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