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Questions Answered by Howard Lesnik
2 Answers | Asked in Personal Injury for New Jersey on
Q: Advice, I reIcently started riding my bike w/helmet only crossing roadways in crosswalks in nj and most cars do not stop
Howard Lesnik
Howard Lesnik
answered on Jul 1, 2022

There is a law that motor vehicles must stop for pedestrians i crosswalks. Bicyclists are required to walk their bicycles across the street in crosswalks. If you are walking your bicycle and see a car that is not going to stop for you, try to take a picture with your cell phone if possible and... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I travel to Florida without having to register under Megan’s law

I have a charge of possession of cp in New Jersey however I am not required to register under Megan’s law. I am currently on probation and my probation officer has to give me a travel permit to be out of the state more then 24 hours. Last time I went to Florida she got a call while I was there... View More

Howard Lesnik
Howard Lesnik
answered on May 10, 2020

You should review your judgement of conviction for your case. That would list all the conditions of probation. A probation officer cannot change your sentence. Only a judge can change or add conditions of your sentence or probation and that would have to be done in court with you present.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: 2c:29-3b(4) amendment 3-7.10 means??
Howard Lesnik
Howard Lesnik
answered on Jan 30, 2020

It most likely means that the original criminal charge was amended and downgraded to a municipal ordinance.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: My brother is being charged with Original Offense:2C:35-10A(1) - POSS CDS/ANALOG - SCHD I II III IV.. 3 bags of heroin.

Garfield NJ. He also used a siblings name at the time of arrest. What is he looking at?

Howard Lesnik
Howard Lesnik
answered on Jan 29, 2020

Possession of heroin is a 3rd degree indictable offense punishable by 3 to 5 years in state prison and a $15,000 fine. However, there are always defenses and motions available, as well as diversionary programs that can lead to dismissal or downgrades.

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for New Jersey on
Q: If during a traffic stop a cop smells marijuana can they pull you out your car and search it without consent from me?

Also can the cop search my trunk which is considered a lock compartment without a warrant?

Howard Lesnik
Howard Lesnik
answered on Jan 22, 2020

Yes, plain smell is an exception to the search warrant requirement. However, that does not mean that the underlying motor vehicle stop and subsequent search was valid. You should consult with an attorney to discuss the facts of your case and possible motion to suppress.

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3 Answers | Asked in Criminal Law, Small Claims and Cannabis & Marijuana Law for New Jersey on
Q: I have court in 3 days for a summons of 50 grams or less of marijuana . It was 1G to be exact . I have a medical card

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Howard Lesnik
Howard Lesnik
answered on Jan 6, 2020

You are facing a disorderly persons offense on the criminal complaint. Penalties include a fine up to $1,000, 6 months in jail and 6 months loss of driver’s license. The traffic summons carries a 2 year loss of your license. You should consult with a lawyer to see if you can avoid those penalties.

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1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?

I am the plaintiff. I have excellent proof. Is there any way I can get prosecutors to change it to Superior Court?

Howard Lesnik
Howard Lesnik
answered on Dec 19, 2019

Prosecutors have the discretion on whether to keep the case in Superior Court, or downgrade it to Municipal Court. You can provide your proof of loss to the prosecutor and request restitution, or you can file a claim in special civil part to recover your damages.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Are motor vehicle laws applicable in strip mall parking lots.. ex: speeding, seatbelt, turn signal, handicap/FZ parking
Howard Lesnik
Howard Lesnik
answered on Jul 23, 2019

Handicapped parking is applicable to all parking lots. Moving violations are subject to public roads. Please consult with an attorney to discuss the facts that you are asking about.

3 Answers | Asked in Criminal Law for New Jersey on
Q: How many steps and what can I do before the county criminal court summons

Attempting to elude. Police 2nd degree 2c : 29 2b

Howard Lesnik
Howard Lesnik
answered on Jun 25, 2019

Second degree eluding is charged when someone is alleged to have created a risk of death or injuring when fleeing police. Since second degree offenses carry 5-10 years in jail, you should consult with an attorney to go over the facts of your case.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: What dose NJ violation 2C : 12-1C (2) mean and how bad is it

My son dwi last night

Howard Lesnik
Howard Lesnik
answered on Jun 1, 2019

It’s an assault by auto charge, which is a 4th degree offense and up to 18 months in jail, unless it happened during a DWI, in which case it is a third-degree offense, punishable from 3 to 5 years in state prison.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Hi, my son was waive as an adult he is 17years old.

He had multiple charges as a juvenile for carjacking, arm robbery, consp to commit carjacking, burglary, theft and three years ago he was charge Invasion of privacy cyber harassment, he was on probation and he went to a group home for therapy which he completed. When they waived him to the adult... View More

Howard Lesnik
Howard Lesnik
answered on May 30, 2019

Someone who is charged with a crime(s) that has a presumption of incarceration or a mandatory minimum period of parole ineligibility must submit compelling reasons in order to considered for PTI.

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3 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: What should you do if you have an under-aged minor involved in a car accident without a licences?
Howard Lesnik
Howard Lesnik
answered on May 20, 2019

You should make sure it is properly reported to your insurance company, and consult with an attorney. Were there any injuries and/or traffic summons issued?

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I got arrested in New Jersey for drug paraphernalia, What does that hold ?

I am looking for a lawyer .. I am charged with drug paraphernalia of wax paper bags that are used to store heroin .. They did not find any drugs on me

Howard Lesnik
Howard Lesnik
answered on May 5, 2019

Paraphernalia is a disorderly persons offense, and more importantly, in addition to $1,000 fine, you may face a driver’s license suspension. You should consult with an attorney to discuss your options and defenses.

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2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Municipal Law for New Jersey on
Q: I was ask to take breathe test but machine was broken so I was told I don't have to take it then I was charged with ref

It was more than 120days when it was heard so what can I do about it plus I was giving 6 months in jail. It was heard in different court

Howard Lesnik
Howard Lesnik
answered on Apr 26, 2019

DWIs and refusal cases are very serious and you can lose your license for 7 to 12 months for a first offense. You should consult with an attorney to see if the police followed the requirements in order to administer the Alcotest. Also, an attorney can examine whether the machine was calibrated... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Question, what other alternatives are there to going to Prison,, if not eligible for the "drug court Program"...

What other alternatives are there to going to Prison,, if not eligible for the "drug court Program", and do you have to meet a certain criteria for the other alternatives?

Howard Lesnik
Howard Lesnik
answered on Apr 24, 2019

Probation and sometimes special probation may be offered in certain cases. You can appeal your drug court rejection within 14 days. You should review your rejection with an attorney to see if you were legally or clinically rejected. As to the terms of your plea bargain, that depends on a number of... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Police officer giving different accounts from what he originally wrote in police report...

Recently had a "suppression hearing", and a officer which was not the arresting officer but the partner-took the stand,and gave faulty testimony,,he gave a totally different account from what he had originally wrote up in his initial report. At the time, I had a ineffective attorney that... View More

Howard Lesnik
Howard Lesnik
answered on Apr 24, 2019

Unfortunately, if the motion to suppress was denied, the judge ruled that the evidence seized in your case will be admissible in your trial. Despite the conflicting versions, the judge found the officer credible if he denied your motion. You should consult with a lawyer to review the reports and... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: how do I go about getting my funds back that the officer confiscated,assuming it was drug proceeds?

an officer apprehended me after seeing me conversating with another gentleman.We both were arrested,and upon frisking me the officer confiscated my money,,which was my "s.s.i"benefit funds in which I had just withdrew from an atm. The officer assumed my funds were from drug proceeds,which... View More

Howard Lesnik
Howard Lesnik
answered on Apr 24, 2019

Civil forfeiture is separate from the criminal charges. It is handled in a different court, with a different judge and separate forfeiture prosecutor. In order to forfeit property, the government need only show by a preponderance of the evidence that the property was used in a crime.

3 Answers | Asked in Personal Injury and Libel & Slander for New Jersey on
Q: An attorney who isn't certified in the US district court of N.J. filed a complaint

An attorney who isn't certified in the US district court of NJ filed a complaint .The clerk sent a letter as soon as the complaint was filed saying she isn't certified in the federal court. A subsequent motion was filed by her. How can this continue? So far the motion still has some time... View More

Howard Lesnik
Howard Lesnik
answered on Jan 30, 2019

And out of state attorney can file a motion to be admitted to a different jurisdiction if they have a local attorney to support their admission into the case. All motions are posted online, and you should be provided with a hard copy of it by mail.

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4 Answers | Asked in DUI / DWI for New Jersey on
Q: Is title 39, section 4-50 , 4-50.4a. Crime or a Motor Vehicle Charge in the state of New Jersey?

Just a simple question.

Howard Lesnik
Howard Lesnik
answered on Jan 23, 2019

It is a traffic offense only, but considered a quasi-criminal offense because of the potential penalties, fines, loss of license and jail exposure.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: How are some people getting accepted into the drug court program with third degree aggr. assault charges?,N.J court

I have a pool attorney,and recently I had a suppression hearing that didn't go well at all! However,I asked the attorney to appeal the judges decision,,the attorney informed me that he was a trial attorney,and that he did not deal with appeals,that I would need another attorney to do... View More

Howard Lesnik
Howard Lesnik
answered on Jan 16, 2019

Court rules do not allow you to file an appeal until after your case is over. You have 45 days after you are sentenced to file the appeal. You also have the right to any attorney you can retain. However, if you were appointed an attorney, you cannot choose the attorney assigned to represent you. If... View More

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