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Questions Answered by Mark Cheser
2 Answers | Asked in Criminal Law and Personal Injury for New Jersey on
Q: Victim of assault seeking legal advice in NJ.

I was a victim of an assault in Englewood, NJ, where I suffered injuries and had to go to the hospital. I have already filed a police report and have security camera evidence of the incident. I am seeking legal advice on how to proceed, including potential charges or filing a lawsuit against the... View More

Mark Cheser
Mark Cheser
answered on May 8, 2025

More information is needed. Keep in contact with the police. If they do not file a charge ask why they are not filing. You can file a charge yourself if they do not at the town courthouse. It can be either a indictable crime (an assault under 2C:12-1, normally one of the "B" subsections,... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Clarification on 3-year flat sentence with 728 days credited for aggravated assault, including concurrent sentence.

I need clarification on what a 3-year flat sentence with 728 days credited means in a case of aggravated assault. The sentence is being served in prison, with another concurrent sentence involved. The individual was arrested in May 2022. How does the credited time affect the total time I will... View More

Mark Cheser
Mark Cheser
answered on Apr 29, 2025

More information is needed. Normally aggravated assault would not be a flat sentence. Some of the subsections are not covered by NERA (no early release requiring 85% served before parole) but most are. But assuming you are correct and the term is flat the earliest parole date is 9 months or around... View More

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Q: Seeking legal advice on fabricated accusations and medical situation affecting hearings.

I have traveled from Europe for six hearings in the US over the past two years. I am currently undergoing medical procedures in Europe, including treatment for advanced double cataracts, which are financially unmanageable in the US. During these hearings, I was never questioned and did not have the... View More

Mark Cheser
Mark Cheser
answered on May 24, 2025

MOre information is needed. Are you a US citizen? What is your question? What are the hearings? Why were incarcerated? Why were you released? It sounds like an immigration attorney may be a better bet.

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for New Jersey on
Q: Can a parole officer request email and password?

I'm currently on parole since 2021, and today my parole officer asked me for my email and email password to be recorded on a set of forms he had. I've never been asked for this information by any other parole officer, and there was no indication that refusing to provide it would result in... View More

Mark Cheser
Mark Cheser
answered on May 22, 2025

More information is needed. Can't say without kowing the conditons of parole or the reason for it. On pron crimes I k ow it is usually a conditon to monitor on line use.

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3 Answers | Asked in Traffic Tickets, Insurance Defense, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Will my uninsured 19-year-old face jail time for careless driving in NJ?

I am in New Jersey, and my 19-year-old child was driving with a permit and got into a minor accident resulting in property damage. He received a citation under code 39:4-97a for careless driving. He has no prior traffic violations or legal issues, and there were no other charges involved. He... View More

Mark Cheser
Mark Cheser
answered on May 21, 2025

More information is needed. Was there a licensed driver with him? If not they can write a driving without a license. I think they have 90 days. They also can write a driving with no insurance but they did not as yet, but again I think they have 90 days. (the normal SOL is 30 days but i think these... View More

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2 Answers | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: If I have a 3 day mental hospital evaluation is that considered a commitment? Does it bar me from buying a firearm?

I was 15. It was 25 years ago

Mark Cheser
Mark Cheser
answered on May 18, 2025

More onformationis needed. This is not my area of practice but I do not think it would be a bar. That said a chief of polie may think differently. I would think if rejected you could win an appeal of that ruling. I assume the evaluation did not label you. If it did that could be a different problem.

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5 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.

My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how... View More

Mark Cheser
Mark Cheser
answered on May 15, 2025

More information is needed. How old is your son? Is he the father? Why do you have to bring him down? These matters are taken very seriously by the police and the prosecutors. They are investigating a case that can have life long affect with prison, megan's law registration and parole... View More

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2 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Personal Injury for New Jersey on
Q: Misuse of anti-theft app for stalking in NJ.

I am concerned about the misuse of a police-grade application with an anti-theft feature, which allows users to upload a vehicle's license plate to track and stalk individuals and their personal property. This misuse has resulted in verbal threats and physical assault after discovering the... View More

Mark Cheser
Mark Cheser
answered on May 5, 2025

More information is needed. If you are the victim of stalking call the cops. If you have a relationship wit the stalker that establishes an element for a TRO file that as well.

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2 Answers | Asked in Contracts, Criminal Law, Immigration Law and Civil Litigation for New Jersey on
Q: Legal steps to remove name from co-signed car loan due to misrepresentation of ex-partner's marital status.

I am in a complicated legal situation involving an ex-partner with whom I had a relationship for 2.5 years. During this period, I co-signed a car loan under the impression that he was divorced, as he claimed. However, I recently saw his U.S. citizenship paperwork indicating he is still married,... View More

Mark Cheser
Mark Cheser
answered on May 3, 2025

More information is needed. This is nota criminal law question and i am a criminal defense attorney. You need tospeak to a commercial law or business law attorney. My guess, a d that is all it can be, is that you would need to file a suit of sone kind based on the frudulent inducement. My guess is... View More

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2 Answers | Asked in Domestic Violence and Civil Litigation for New Jersey on
Q: Can I mention my ex's restraining order violations at his parole hearing?

I have a restraining order against my ex, which he violated while he was in jail by sending letters and making phone calls. I have evidence, such as screenshots and letters, of these communications. He manipulated me into not reporting the violations at that time. The restraining order was active... View More

Mark Cheser
Mark Cheser
answered on May 3, 2025

MOre information is needed. I do not think you would get into any problem. They may ask why you did not previously report but so what. Your input is relevant.

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2 Answers | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Warning for parking near driveway in Runnemede, NJ, with no signs.

I received a warning for parking next to a driveway in Runnemede, NJ, even though I wasn't obstructing it. There were no signs indicating parking restrictions near driveways, and I have not received any similar warnings before. I have photographic evidence showing that the driveway was... View More

Mark Cheser
Mark Cheser
answered on May 2, 2025

More information is needed. Why is a warning something you need to contest. There are 0 points and I do not believe it is even on your abstract.

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2 Answers | Asked in Family Law for New Jersey on
Q: If we did a pre-nup doc but just signed it ourselves (as a couple, no lawyer/notary), can we get it notarized later on?

We live in New Jersey and got married there. Before the wedding we (couple) created our own document and signed it ourselves but had no lawyer/notary involved.

Now to register the wedding in another country (one of us is not a US citizen so we wanted to register in both) the other country... View More

Mark Cheser
Mark Cheser
answered on Feb 15, 2024

More information is needed. Don't know for sure but why not. All the notary is doing is attesting that the signature belongs to the person before them. Worse comes to worse sign it again in front of them.

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3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: What does non db detention mean?
Mark Cheser
Mark Cheser
answered on Feb 4, 2024

More information is needed. Do you mean "db' or "dv". A DV detention would be an arrest and hold based on the domestic violence nature of the criminal act. Otherwise I do not know what a DB is.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I’d like to have my felony theft conviction from 1990, in the state of Maryland, expunged.
Mark Cheser
Mark Cheser
answered on Apr 20, 2023

You need to speak to a Maryland attorney,

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
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
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... View More

Mark Cheser
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
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... View More

Mark Cheser
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
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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