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Questions Answered by Mark Cheser
2 Answers | Asked in Criminal Law for New Jersey on
Q: My girlfriend is being charged with terroristic threatin imminent death purp fear 2C:12-3B against me.what will happen

To her,her first time in trouble.will they give her low bail.

Mark Cheser
Mark Cheser
answered on Nov 22, 2017

There is no bail anymore on "crimes" what other States call felonies. NJ has conditions now. In a first offense third degree,which this is, she may not have been held at all and is so not for long. In Passaic this type of charge is often downgraded back to Municipal Court depending on the... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I be charged with harassment by someone based solely on text messages I sent to someone else?
Mark Cheser
Mark Cheser
answered on Nov 21, 2017

More information is needed. Such cases are very fact sensitive. There is case law saying no. But if the third party was a employer etc. it could be harassment. The issue is the intent to harass, most times to alarm or annoy. If the text was to another and the person finds out third hand it is hard... View More

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: If in a situation where you feared for your safety, and receive a ticket 39:4-89. Is it worth fighting in court
Mark Cheser
Mark Cheser
answered on Nov 21, 2017

It depends on the court. Technically common law defense are no allowed in such matters but many court would listen is the "necessity" was legit. More information is needed there.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: What are my privacy rights on ankle bracelet in Hudson county, nj. I live in ny & forcing me in nj w no place
Mark Cheser
Mark Cheser
answered on Nov 20, 2017

You are on some kind of probation or conditions of release. Your rights are limited. The alternative is jail with even less rights.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: My son is a new driver. He got a speeding ticket, paid the $200 fine and has 4 points now. Can we reopen the case?

Hoping to plea it down and lose at least 2 points.

Mark Cheser
Mark Cheser
answered on Nov 20, 2017

You do not mention the town it makes a difference. You can file a motion to reopen. Rather expensive and may not work since you need grounds. Not knowing the insurance issue or that MVC will get involved are not good issues but can be depending on the town. Once open the two points can happen. But... View More

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Will it give me points or raise my insurance if just pay it online

My vechile was towed then I received this ticket in the mail The offense is 39:4-56.6 i want to pay It to get it over with but will it give my license points or raise my car insurance

Mark Cheser
Mark Cheser
answered on Nov 18, 2017

Actually 56-6 just requires you to pay the impound. It is 56-5 that has a penalty $100-&500. And possible license loss by MVC.

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1 Answer | Asked in Employment Law and Criminal Law for New Jersey on
Q: I have a workplace violence against me at work that happen in 2012/13 and they are investigating it 4/17 can I fight it

Is there a time limit on it

Mark Cheser
Mark Cheser
answered on Nov 18, 2017

It depends who is investigating and for what. If your job is investigating it depends on their regulations. If law enforcement is investigating it depends on the charge. Simple Assault has a 1 year statute of limitations. Aggravated assault has a 5 year SOL.

3 Answers | Asked in Criminal Law, Federal Crimes and Employment Law for New Jersey on
Q: 2C:52-11B(1) charges amended question. PLEASE ANSWER IF YOU CAN. THANK YOU!

I was charged with 2C:52-11B (1) I did not steal. I went shopping with two ex-friends, they went one direction I went the other. We met back at my car when the police ran up. Charging all 3 of us with shoplifting. My charge was amended to violation of municipal ordinance 271-1a Loitering. I am... View More

Mark Cheser
Mark Cheser
answered on Nov 18, 2017

2C:52-11 is in the expungement section. You were likely charged with 2C:20-11, shoplifting. The loitering is not a theft charge and as an ordinance is rarely seen on the CCH, the official record normally checked by employers, anyway. The problem is that the original charge is still on there and it... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: MD doesn't recognize points for an out of state traffic violation. If I switch my license to NJ will the points show up?

I have a Maryland license right now. I got a ticket for going 70 in a 65 in Delaware. The 2 points that I would have gotten in Delaware do not transfer to Maryland. So I want to pay the fine in Maryland, and receive no points. If I transfer my license to New Jersey will those 2 Delaware points... View More

Mark Cheser
Mark Cheser
answered on Nov 16, 2017

You need to ask a Del. attorney. If the transfer into Md happens before the switch to NJ my guess, and it is a guess, the points do come into NJ .

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3 Answers | Asked in Criminal Law, Family Law and Traffic Tickets for New Jersey on
Q: Harassment Charge. 2c:33-4

I filed for a restraining order that was accepted and policed charge my ex with 2c:33-4. In return my ex three days later went to law enforcement and had me charged with 2c:33-4 as well. I was never arrested for this allegation or contacted by police. I had no idea this charge was on my record till... View More

Mark Cheser
Mark Cheser
answered on Nov 15, 2017

You need to expunge the record. Call the court administrator and ask if you'v csn have an immediate expungement. Most counties require immediate application so you may need to file a normal petition for expungement. Use an attorney.

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Traffic Tickets for New Jersey on
Q: 2c:33-4 Harassment.

In 2009, I filed for a restraining order that was accepted by police against my ex girlfriend. She was charged with harassment as well. She went and reported harassment against myself. I went to the police station today and wanted to see if anything was on my record. It says I was charged with... View More

Mark Cheser
Mark Cheser
answered on Nov 15, 2017

Anytime a complaint is placed on the computer it shows as an arrest. The case may have been dismissed. that should be on there also. To remove the arrest record you need to expunge.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is it true that after 30 days, a police officer cannot write you a ticket for an offense ? My situation is tricky.

I was pulled over for speeding on the turnpike. A trooper pulled me over and said he was letting me off with a warning, but also slipped in a seatbelt ticket. I had my seatbelt on, I think this was his idea of a light punishment. If I go to court to fight the seatbelt ticket, and the court date is... View More

Mark Cheser
Mark Cheser
answered on Nov 15, 2017

I my experience,no. He has 30 days on a speeding. But bet he will say there was no seatbelt if you fight this and expect the maximum penalty if you lose. It also will likely be multiple trips to court. Also I do not know what NY will do with this. Normally 0 points come across the river but this is... View More

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