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2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Landlord - Tenant for New Jersey on
Q: my mother whom i pay rent kicked me out and changed locks and now trashed all my belongings. what do i do?

i have been trying to make arrangements with her for a month now to come get my things but was just told everything has been moved/thrown out. now i am homeless with my son.

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answered on Oct 5, 2018

She had no right to throw your stuff out, she needed to put them in storage for thirty days.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Girlfriend got icket for criminal trespassing. believes that she was drugged at the bar and doesn't remember. Help!

What can happen in court?

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answered on Oct 3, 2018

It depends on the state's proofs, your gf's criminal history and the degree of the charge bc it could be disorderly persons offense or an indictable charge. If DP no record and proof are weak it may get dismissed. If indictable with horrible history and strong evidence then she may go to... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: In NJ you can file expungement 6 years from completion of probation. Is there any way to do it sooner for a career?

Is there any way to expunge earlier just for a school or career background check? I'm due early termination from probation this year for possession of One Pill, but because I'm on probation, even though it's my first offense I cannot expunge for 6 years I believe. However I'd... View More

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answered on Oct 2, 2018

If it's for a misdemeanor then definitely yes but if it's for felony then you can file but you have to really convince the prosecutor and Judge after five years (which is where you are now) otherwise you'll need to wait 10 yrs from termination of probation if they still won't grant it.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I was resentenced to probation 7/25/15 "5 years (tolled) beginning July 6, 2013" Shouldn't I have been off in July 2018?

My charge is for 1 pill in 2011. A non-jailable offense. I spent 6 months total in jail due to previous violations. The re sentence was on July 25, 2015 and it said " 5 years (tolled) beginning July 6th, 2013" Should my probation already have been terminated? Do I need an attorney?

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answered on Oct 2, 2018

tolled means that you don't get credit for two years bet 2013 and 2015. You can have an attorney to file motion to terminate probation.

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2 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Municipal Law for New Jersey on
Q: Can I file a tort for minimal damages against the prosecutor and officer for maliciousness

Was pulled over out of district for a mantanice of lamp violation in nj by a out of town officer. He did jot contact the town police to write ticket in the book. Proceeded to say he is searching me cause he didn't like my attitude which I have recorded. Arrested me for alleged marijuana... View More

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answered on Oct 2, 2018

There's something about this in title 2b you can research the table of contents.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can I park my car in front of my own driveway? My car is not cross the walkway and not blocking the street.
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answered on Sep 25, 2018

You should inform the police department that it's what you intend to do to avoid misunderstandings. Assuming you're not known to them I can't imagine they will give you a hard time. However, if your neighbors complain for any reason then you'll have to go to the town about this.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Does New Jersey offer any temporary or work license programs for those convicted of a DWI offense?
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answered on Sep 19, 2018

Unfortunately there's no such accommodation in New Jersey.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: If an underaged person received explicit photos from someone who is Over the age of 18 is that illegal conduct
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answered on Sep 18, 2018

It's much more involved than that but potentially yes the sender may be in much trouble but it also depends on the nature of the relationship and the actual age. If the underage person is 12 for example then there's no question.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Does a Grand Jury have to end with a vote? If not, how common is it for prosecutors NOT to ask for any vote?

Many thanks for your answers. I suspected it was at the very least exceptionally rare. For context I am researching a case where someone claims a Grand Jury was convened, evidence presented but no vote asked or taken. Unfortunately this was back in the 1970's and I have no idea if transcripts... View More

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answered on Sep 17, 2018

Unheard of to be frank. It's possible for it to end in a no bill but that's about it. Pros has so many cases they wouldn't waste their time unless they wanted an indictment.

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2 Answers | Asked in Consumer Law and Criminal Law for New Jersey on
Q: What would happen if it’s my first time and I have to go to court for N.J.S.A. 2c:28-4b(1) crime of the fourth degree
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answered on Sep 17, 2018

You shouldn't have a lawyer with you because what would happen depends on the prosecutor the Judge the police the alleged victim so much of this is outside of your control and there's not one thing that can happen to you. You're facing jail probation community service fines etc...You... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: arrested back in Jan 2014 for criminal mischief 3deg did 2yrs probation im on ssd what do i have to do to expunge it
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answered on Sep 14, 2018

You have to wait at least another five years to apply for expungement and if the court denies you the expungement in five years then you have to wait another five years before reapplying again but that time your expungement should be granted provided you don't have other felonies and no more... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Charged with 3rd degree possession of a weapon they didn't find it on me only evidence they have is my statement

Statement saying the gun was mines but I was heavily under the influence when they questioned me, what can I do? Like what is my best option here

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answered on Sep 13, 2018

File motion to suppress statement but courts generally admit statements when under the influence still it's your best option. The state still has to prove beyond a reasonable doubt that it was voluntarily and knowingly waived so maybe to avoid the work for them they'll make you an offer... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I recieved 3 tickets for a tented licensed plates covers with in a week a part I also received a ticket for a safety

I also got a ticket for a safety glass I don't understand that at all I don't have a problem with the police but if they can have tented windows and license plates tented why can't I I'm no different than they are I believe in equality every person should be treated fairly and... View More

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answered on Sep 13, 2018

The statute does not allow you to have tinted windows in the front but you're allowed in the back. It's just a small fine without collateral consequences so I never read it but they may have carved out exceptions for law enforcement. Your defense if they violate statute so can I... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: is stealing and cashing a money order from place of employment forgery or fraud?

employee stole money orders and cashed them. what type of crime is this and she paid back most of it after she was fired...does that change the crime?

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answered on Sep 12, 2018

It's in the theft family. I would call it theft under 2c:20-3 but if you look at 2c:20-1, et al and go down the line you'll find something that fits more than theft.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Will I receive points on my license if I get a ticket for having an unregistered motor vehicle?
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answered on Sep 11, 2018

You will not receive any points for this ticket.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Will I lose my license for first offense 2c:35b I was found walking also given ticket for suspended lic was not in car

License was suspended for not turning in old plates I have already reinstated my license and registration

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answered on Sep 10, 2018

You're likelier to lose your license for the 3-40 charge than 2c:35-10b and without an attorney you could lose your license for both. An attorney can help you avoid a loss of license for both. This is a case where you will need an attorney to help you in light of the charges and exposure.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: What degree is 2c:5-2a (2)?
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answered on Sep 10, 2018

It should say on the statute. Usually at the bottom of it.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: If I don't want to do a field sobriety test, am I legally allowed to refuse?
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answered on Sep 8, 2018

Yes but the court may use it as an adverse inference during trial. Still, there's no implied consent to perform SFST's as there is with the Alcotest.

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2 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Sexual Harassment for New Jersey on
Q: If immigrant child was sexually assaulted, and threatened by a legal resident. Could the child testify with no problem?

Are there any laws or rights that protect the victims identity? The victim is afraid of being deported, but without her testimony the charges may be dropped. The attacker has already several victims but they are also afraid to speak up, and their experiences weren’t as traumatic.

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answered on Sep 7, 2018

I never heard of a situation in New Jersey where a victim was deported.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: a 14 year old kicked my 9 year old son intentionally leaving him with a bruise. Can i bring assault charged against him

while at the local pool club the 14 year old took a ball from my 9 year olden his friends and when they tried to get it back he kicked my son in the leg. before doing this he said out loud "watch me slide kick this kid"

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answered on Sep 7, 2018

If you insist on getting the 14 yo in trouble then you call the police and if they find sufficient probable cause they'll charge him with a juvenile complaint but if this kid is not a bad kid and doesn't have a record and was just playing around and a little immature they'll likely... View More

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