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Questions Answered by Mark Cheser

2 Answers | Asked in Criminal Law for New Jersey on

Q: Can you be indicted for 2C:35-5b(2) and 2C:35-5b(3) with the same person and the same drug

Mark Cheser answered on Dec 9, 2017

Sure. More than one person can possess the same thing. The issue is the weight.

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: Can the same cop give me a ticket for the same exact violations from a day before meaning 2 days in a row

Mark Cheser answered on Dec 8, 2017

More information is needed. But if you violated the same law two days in a row yes he can.

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2 Answers | Asked in Criminal Law, Civil Rights and Municipal Law for New Jersey on

Q: Boyfriend in jail. On 12/5/17 was released by judge still being refused release by jail on 12/7/17

Electronic Monitoring people are refusing to bracelet him even with a written order from the judge. Todays excuse after taking the $80 money order to pay for the week "We are out of bracelets" he is not getting out today again. Had no problem taking the money for it though. He was told by an EMJ... Read more »

Mark Cheser answered on Dec 7, 2017

I would contact his attorney and see if the condition can be revised. Otherwise I agree with M. Aalsberg.

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2 Answers | Asked in Criminal Law for New Jersey on

Q: does an investigator have to state a specific incident in Wich to show that they tried a specific investigation tactic

When trying to create probable cause for affidavit

Mark Cheser answered on Dec 6, 2017

It is difficult to understand your question without more information. The cop can question without indicating their purpose if that is what you are asking.

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: My Speeding ticket does not show up online and the speeding ticket doesn't have a court date. What do I do?

I got a speeding ticket on my way to MA from NJ. Now that I am back in NJ and would like to pay the speeding ticket online it doesn't show up. I got the ticket on 23rd November. The problem is I cannot go to the court which is again a 5 hrs drive but the ticket doesn't show up online and also the... Read more »

Mark Cheser answered on Dec 6, 2017

Call the court. They will know the date and how to pay.

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3 Answers | Asked in DUI / DWI for New Jersey on

Q: If I have a DUI in NJ, can I enter Canada without issue since it is a traffic offense and not criminal?

And this is the case even though it’s not a criminal offense and wouldn’t show on a criminal background check?

Mark Cheser answered on Dec 5, 2017

I also have heard that it is a problem. NJ says it is not criminal Canada says it is.

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3 Answers | Asked in Traffic Tickets and Personal Injury for New Jersey on

Q: I was rear ended by a tractor trailer but received a ticket for illegal lane change.

I was still in my lane and not gone out of it. I went to court and the judge dropped my case. Will I still be able to receive payments from the truck driver to fix my car and my medical bills?

Mark Cheser answered on Dec 5, 2017

You must speak to a PI attorney immediately. If the case was dropped liability is likely established. Your damages can be recouped. Hurry though because there may be notice restrictions depending on the status of the truck and driver.

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2 Answers | Asked in Criminal Law, Federal Crimes and Education Law for New Jersey on

Q: If a teacher refuses to follow emergency evacuation procedures deliberately, what law does that fall under?

During an actual evacuation in a public high school, a teacher was directed by administration to leave the building immediately. The teacher refused and continued to remain in the building to obtain an item.

Mark Cheser answered on Dec 4, 2017

It depends who asked them t to leave

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2 Answers | Asked in Criminal Law for New Jersey on

Q: Passenger of a vehicle that was pulled over, the driver had a license, registered and insured can the pasngr be searched

My boyfriend was the passenger of a vegicle that was pulled over, he didnt do any sudden movements and was told to step out the car because he fit a description, he then was searched and arrested for possession of a handgun, possession of bullets and marijuana. Is the case substantial or valid? Can... Read more »

Mark Cheser answered on Dec 3, 2017

All motions to suppress evidence are iffy things. They will need to show the ID information or it may be a no go for them. Problem with MTS is to fight them you normally need to reject a plea offer so it is all or nothing. Possession of a handgun is 2nd degree with presumed prison 5-10 years and it... Read more »

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1 Answer | Asked in Traffic Tickets for New Jersey on

Q: My $85 ticket was paid late, but within 1 month. Payment was rejected and a $240 fine given. Is that timing legitimate?

Shouldn't there be at least a month to pay a fine without penalties? I didn't plan to contest the ticket. I just put it on my monthly finances pile to be paid at my next personal finances session.

The ticket was for 'not stopping for pedestrians in the crosswalk'. The night was dark and did... Read more »

Mark Cheser answered on Dec 2, 2017

I believe it is a 3 point ticket so paying it may not be wise anyway. The ticket has a court date on it. If you are just going to pay you need to do it before that date. Otherwise you need to go to court. Missing court is contempt. I may be wrong but the $250 is for the contempt. Call the court to... Read more »

1 Answer | Asked in Criminal Law for New Jersey on

Q: I read up on his story not one times does it say that he committed any murder. So why does he have life

Mark Cheser answered on Dec 1, 2017

Much more information is needed to answer or understand this question. There does not need to be a confession to convict someone.

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: Am I allowed to get my belongings from the vehicle that been towed because of the tickets?

I bought a old cheap vehicle which was towed a day after... I have been told that I am not allowed to get the vehicle back and even not my belongings from the vehicle until I will pay 6 parking tickets and the cost of the wheel lock that was stolen from the wheel. I explained that those tickets... Read more »

Mark Cheser answered on Dec 1, 2017

I do not know. You need to address the court but without an attorney it is not looking good.

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2 Answers | Asked in DUI / DWI for New Jersey on

Q: So first time DUIs get an interlock device?

Mark Cheser answered on Dec 1, 2017

DWI requires an answer interlock on a first offense if the BAC is .15 or over. Under it is up to the Judge.

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Internet Law for New Jersey on

Q: Is there a way to remove dismissed lawsuit filings off Google searches?

Mark Cheser answered on Dec 1, 2017

You can expunge criminal records depending. Civil filings I do not know and will defer to Mr.Aalsberg.

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: I recently recieved via mail a ticket for ficticios plate. What’s the worst that can happen?

My car was unregistered, and had no insurance because I was going to sell it, and it’s been parked ever since the registration expired. I’ve given back the plates and put on plates I had lying around my storage. Now they’ve towed it. Now, I’m concerned with these tickets .

Mark Cheser answered on Dec 1, 2017

The no insurance is serious but you did not drive it. They towed because of the registration. Section 3-4 also requires it to be "driven". So you may be able to duck or reduce all these tickets. The problem will be getting your car out. section 3-40.6 requires insurance. So it may pay to use an... Read more »

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3 Answers | Asked in Traffic Tickets for New Jersey on

Q: Fine on my speeding ticket was $95. After pleading guilty in court my fine became $156 plus court cost $33. total $189

I don't understand why my fine went up. I spoke with the prosecutor before court, he offered me no points for a $400 fine. I declined and plead guilty. I also had a failure to prove insurance ticket which was dropped when I showed proof. Why would my fine go from $95 to $156? This was East... Read more »

Mark Cheser answered on Nov 29, 2017

The fine in the back of the ticket is if you send in the money without going to court. At court that menu of fines no longer apply. If you were going to plead to the charge and eat the points there was no reason to go in. Most people go in to contest the charge and get a downgrade plea offer.

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2 Answers | Asked in Criminal Law for New Jersey on

Q: How to answer questions regarding Charge and Conviction!

On a law application a question asks the following. Have you ever shoplifted any merchandise from a store or business?

I was charge with Shoplifting. The charge was downgraded and amended to Loitering. I had the following expunged, I understand this does not change the issue. How would... Read more »

Mark Cheser answered on Nov 29, 2017

You never were convicted of this behavior. More information is needed. What type of "law" application. Does the organization require full disclosure? I have never seen such s question before, they usually ask for convictions. The expungement order says you can answer that such charges never... Read more »

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1 Answer | Asked in Traffic Tickets for New Jersey on

Q: I got a move over law ticket in Edison. This is my 2nd ticket in over a year. Will I be able to remove these points?

I was not aware of the move over law. However, I did use common sense to try changing lanes, but I was blocked. Again, common sense struck and I slowed down from 65 to 55 in a 65 mph zone. Was I supposed to go slower? When the driver the officers pulled over finished, he came into my lane without... Read more »

Mark Cheser answered on Nov 29, 2017

My belief is this is a 2 point ticket. Some opine it is 0. Can never get a straight answer. Anyway unless you have special circumstances like a CDL or you drive for Uber etc. you can negotiate this to O points on your own. You can use an attorney if you are more confortable or if you wish to... Read more »

1 Answer | Asked in Criminal Law for New Jersey on

Q: My 12 yr old is charged with 2nd degree robbery. But didn't steal anything. why? He got caught with a lighter in school

My son has never been in trouble and brought a electric lighter to school and a kid said my son threatened him and said it was a taser. The school called the police and they put my son in handcuffs. Now they have charged him with 2nd degree robbery. Why robbery?

Mark Cheser answered on Nov 28, 2017

More information is needed. Robbery is attempting to obtain property from another (theft) by force, threats or coersion. My guess is the other student said he was threatened to give something up. Hard to say without more. At 12 if he does not have prior issues he should be released on conditions... Read more »

1 Answer | Asked in Criminal Law for New Jersey on

Q: Does this apply if the person has a concussion and acting as with all the symptoms of a concussed individual?

I was assaulted and concussed. Does this law apply to a concussed individual? Do you know the behavior of a concussed individual?

Mark Cheser answered on Nov 28, 2017

What law is applying? If you mean DWI the answer is yes they can charge you since that standard is probable cause. But they may not be able to convict you beyond a reasonable doubt if your defense is believed?

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