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Questions Answered by James A. Abate
2 Answers | Asked in Criminal Law for New Jersey on
Q: What is the penalty for charges 2C:36-2 and 39:4-34? They are both first-time offenses.
James A. Abate
James A. Abate answered on May 19, 2020

Failure to permit pedestrian to cross at cross walk is two points. Paraphernalia is a criminal charge punishable by 2 year loss of license and six months in jail.

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2 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Can a detective from one town obtain a search warrant and execute the warrant in another town?
James A. Abate
James A. Abate answered on May 18, 2020

A search warrant is issued by a Superior Court Judge (County level with full state jurisdiction). The warrant specifies a particular place. As long as the place is named in the warrant then the search is valid.

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3 Answers | Asked in Domestic Violence for New Jersey on
Q: How do I know if I’ve been charged with a crime during Covid

My boyfriend and I had an incident last week where the police were called. I received a victim notification form but did not ask for a restraining order, we do not want anything to come from this incident. He did not receive any paperwork himself was not detained or arrested, does this mean he was... Read more »

James A. Abate
James A. Abate answered on May 6, 2020

It does not sound like charges were filed as the police are required to charge domestic violence on a warrant. You can look to see if anything has come in the mail. I would not contact the police as that would remind them to pursue the incident. AG directives have instructed police to wait before... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I am a PA resident and would like to know the laws & restrictions of traveling with 10+ round magazines.

I am selling some 15-round (in a 30-round body) AR-15 magazines to a NJ police officer (as far as I'm aware, LEOs are legally allowed to own 15-round magazines). I'd be traveling from PA into NJ and simply need to know whether it would be legal for me to transport them, and also to... Read more »

James A. Abate
James A. Abate answered on Apr 29, 2020

You would be best served retaining counsel to provide you with a well reasoned answer before committing yourself to a potential State Prison sentence. This is not something you should be obtaining from a message board.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Constitutional Law for New Jersey on
Q: Can I get a Disorderly conduct plea taken off my record or fully sealed or expunged, this conviction was IN NY.

I was arrested 10 years ago In NY when I was 22 , and i understand my conviction was conditional discharge, I wanted to know if there is anyway I can get it expunged or pardoned in any way, I have noticed that I have applied for many govt jobs and have been turned down do to my criminal background,... Read more »

James A. Abate
James A. Abate answered on Apr 22, 2020

This has been posted to the New Jersey forum. you will need to ask lawyers in New York.

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2 Answers | Asked in Domestic Violence and Landlord - Tenant for New Jersey on
Q: How can I legally get my ex to move out of my apartment if he's been here for 5 months?

He is refusing to leave and it's getting pretty violent and it's not a peaceful household. He's been living here since November 1st, paying half of the rent. He did not pay for the month of May yet.

James A. Abate
James A. Abate answered on Apr 22, 2020

While there is a moratorium on evictions, it sounds like there is domestic violence potentially at play. You may be able to obtain a temporary restraining order which would require his removal at least temporarily.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Has Supreme Court granted certiorari
James A. Abate
James A. Abate answered on Apr 14, 2020

Every case they hear is a result of a grant of certiorari.

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2 Answers | Asked in Domestic Violence, Family Law and Federal Crimes for New Jersey on
Q: If a minor being verbally abused by a parent goes kinda insane and physically attacks them, what are the charges?

Details: The parent constantly emotionally/verbally abuses not only their mother but the child themselves and then one day has had enough , goes a little insane and then physically attacks the parent with an item that could be considered a weapon. If this were to happen, what are the consequences... Read more »

James A. Abate
James A. Abate answered on Apr 6, 2020

Could be aggravated assault due to the weapon. 3-5 years State Prison exposure.

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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New Jersey on
Q: I have a question concerning harassment from non-custodial parent

He has contacted DCPP 34 times making false allegations. He continues to contact my son son's therapist saying he forbid him from seeing her for the reasons of it being a "conflict of interest" where there is none. The real reason is shes Hispanic and he's a racist. He continues... Read more »

James A. Abate
James A. Abate answered on Apr 4, 2020

It can constitute harassment and a retraining order if well documented. It is difficult to make such a case, but there is case law permitting it. It is not favored by police for obvious reasons (we want people to report crimes). To have any reasonable chance you would be wise to consult with an... Read more »

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3 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How much does the average attorney charge to appear and represent in a civil court matter?

I have a civil case court matter coming up and I need help with representation.

James A. Abate
James A. Abate answered on Mar 29, 2020

Most attorneys will charge an hourly rate commensurate with the complexity of the matter and their level of skill. They will seek an initial retainer to cover a significant number of hours.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Does an expungement in NJ clear or seal my only arrest for simple assault that was dismissed in court?
James A. Abate
James A. Abate answered on Mar 24, 2020

An expungement removes your record of arrest and legally permits you to say "I have never been arrested" and anyone who seeks to use said arrest against you is guilty of a 4th degree crime.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Am I obligated to pay public defender fees from 17 years ago if there was no crime committed to warrant such fees?
James A. Abate
James A. Abate answered on Mar 24, 2020

If you were charged with a crime and requested the public defender, then you have to pay the fee. If the charges were dismissed, then they did their job.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Do you sever jail time for criminal mischief 2C:17-3A(1) if the person never had a criminal record in his life.
James A. Abate
James A. Abate answered on Mar 23, 2020

If it is a first offense there will likely be probation. But keep in mind that people do screw up on probation and then go to jail.

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Q: does pleading guilty to breathalyzer count as a first dui offense? Also can you appeal your decision?
James A. Abate
James A. Abate answered on Mar 20, 2020

Opting for the ignition interlock device is a fist conviction. You should retain counsel and determine whether the charges are defendable. You cannot appeal your decision, but you may be able to withdraw a plea. You may only appeal decisions of the judge.

1 Answer | Asked in Domestic Violence for New Jersey on
Q: I filed a tro against my boyfriend but I still calls him over and now he wanted for a warrant violation of restraining
James A. Abate
James A. Abate answered on Mar 18, 2020

I am assuming you are saying that you have a TRO and he still calls and now is wanted for a violation. I am not sure what your question is.

2 Answers | Asked in Criminal Law for New Jersey on
Q: What can happen to me when I go to court 2c:35-10A(1) Posses of Crystal Rock Meth
James A. Abate
James A. Abate answered on Mar 8, 2020

3-5 years State Prison. 2 year loss of license, $15,000 in penalties.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: What should i look forward to for violating my restraining order fir the first time? What are the penalties?

I wasn’t arrested on the spot. A sheriff called and told me I had a summons for a date in April. Could I get arrested or let off with a warning?

James A. Abate
James A. Abate answered on Mar 1, 2020

If a charge has been issued then you have been “arrested”. Fortunately you are being processed on summons and not warrant which would require processing at the jail. You are facing a matter which on first offense could possibly lead to probation but the criminal record is a problem plus it... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can charges get dropped in one NJ county and a prosecutor in another NJ county pick them up?
James A. Abate
James A. Abate answered on Feb 5, 2020

This isa bit too hypothetical with no real information. Depends on the charge and whether venue/ jurisidiction exists in multiple counties.

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for New Jersey on
Q: How severe is this offense

I was arrested for 4 roach clips that the police believe to be Marijuana roaches, and no actual marijuana was found, I'm 18 with no prior record and am a 3.6gpa student

James A. Abate
James A. Abate answered on Jan 30, 2020

It is severe enough that you could have a criminal conviction and loose your driving privileges for 2 years. As a first offender you most likely will not go to jail. But once on probation many get violated and do end up with worse sanctions. So I would recommend you be represented by a lawyer.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is this normal that police officer called my phone number and told me to meet them at a restaurant?

It’s not a police station.

James A. Abate
James A. Abate answered on Jan 28, 2020

No. And its not normal for the police to want to meet with you at at all without a lawyer.

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