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Questions Answered by James A. Abate
2 Answers | Asked in DUI / DWI for New Jersey on
Q: I got my 1st DWI 1991- 2nd DWI 1996 - 3rd DWI - 2016, convicted 2018. The judge gave me a step down .

How does NJ DMV Consider my offense’s 2 or 3?

Does the state of New Jersey consider me a 2nd time offender or a 3rd time offender? As far as how many DWI’S I have had in a lifetime. What should be showing on my Drivers Abstract a 2nd DWI or 3rd DWI??

James A. Abate
James A. Abate answered on Oct 19, 2020

You are considered a second offender for the 2018 conviction. However, if you get another within 10 years you are not getting the stepdown and would be a 4th and face 6 months mandatory jail. It would be a really good idea not to chance fate and take uber anytime you have a drink,

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: What would be the best option in this situation

16 years ago and underage I was involved in a dui in montage New Jersey I am now 34 years old and I have outstanding warrants in New Jersey due to having to move out of state to help my mother take care of my handicap brother and she has since passed 3 years ago I am now a grown woman who has... Read more »

James A. Abate
James A. Abate answered on Oct 17, 2020

You should retain an an attorney to have the warrant lifted and resolve the case.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Defendant shot. State obtained a search warrant for ballistics. Search of car, found drugs in bucket in trunk.

Would appreciate some assistance (legal). If someone could reach out? MJC@CuellarLawFirm.com

James A. Abate
James A. Abate answered on Sep 24, 2020

You need to have a consultation with a criminal lawyer. These are serious charges.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My boyfriend has these charges (#1)2c:18-2a(1) (#2)2c-20-3a (#3)2c:-18-3b (#4)2c:-18-3b (#5) 2c:18-2a(1)

He is currently on probation, this will be his 3rd violation of probation. Is there any chance of him getting out ? If not, how many years is he facing?

James A. Abate
James A. Abate answered on Sep 24, 2020

Third violation of probation, by commission of Burglary will invite a motion to remand to county jail. But he is presumed not guilty. It may be possible to avoid going to jail until trial. But he will need an experienced attorney and their work is cut out for them. On just the burglary alone he... Read more »

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: I live in New Jersey but my license was suspended in New York. Am I able to apply for a license in New Jersey still?
James A. Abate
James A. Abate answered on Sep 17, 2020

You will be asked if you are suspended in any other state. So the answer is no.

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3 Answers | Asked in Domestic Violence for New Jersey on
Q: What will be my jail time or fines if found guilty of charge?

This was self defense I was attacked also,but no scars or anything was visible at the time of arrest?

James A. Abate
James A. Abate answered on Sep 15, 2020

More information is required. Depends on if it was domestic violence related, aggravated assault or simple assault charged as a indictable offense. Your record also factors. Yes you could face jail and max fine for aggravated assault is $15K. Be wise and retain an attorney.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: How long after you completed your sentence in NJ can you file for expungement?
James A. Abate
James A. Abate answered on Aug 12, 2020

Depends on the type of case.

Clean Slate (entire record of arrest and convictions) 10 years N.J.S.A. 2C:52-5.3

Indictable Conviction (and up to 3 Disorderly Persons) 5 years N.J.S.A. 2C:52-2

Indictable Conviction (and up to 3 Disorderly Persons)—Compelling Circumstances...
Read more »

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3 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Is it legal for a official to use torture to get you to agree to take a plea?

Sleep deprivation and touching of intimate spaces over and over. Want force a deal for something I do not owe and am innocent of. I have signed nothing. do rights pertain to people who are not being detained but are being harassed and targeted too.

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

If based on the totality of the circumstances, it was "coerced" then no. But that is a question of fact based on what hapened.

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: How long does a temporary refrain from order lasts?

My ex girlfriend (children's mother) assaulted me and was given a temporary refrain from order by criminal city court. We have two children together.

She was just served 4 days ago. Honestly, I want her off that order, its divided her from our children.

I forgive her for her... Read more »

James A. Abate
James A. Abate answered on Jul 14, 2020

A temporary restraining order exists until it is dismissed or is converted to a Final Order. Thus it can last indefinitely.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I get a record expungement for a conviction of conspiracy to burglary from 2004?

I was arrested in 2004 and charged with two burglaries and two conspiracy the burglaries. I sat in Camden county jail for almost 6 months for them to investigate on trial. Now I know there was no evidence against me because I know I had nothing to do with it. I was set up by a former friend. Now I... Read more »

James A. Abate
James A. Abate answered on Jul 13, 2020

A burglary conviction can be expunged if you are otherwise eligible (6 years since completion of sentence), no more than 2 disorderly persons offenses and no other felony convictions.

2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: I currently have a dv restraining order against me by default from 2015. Missed court. Can this be vacated?

I currently work with the public.. Can my job let me go because of this?

James A. Abate
James A. Abate answered on Jun 26, 2020

It would require a Catafagio motion. Almost impossible to get without the consent of the protected party. I would recommend you obtain counsel and have them obtain consent and file the motion.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Female is 20 years old and is being molested by a man who is 34 years old. Man says he wants to be sexually activew.her

He’s a 34 years old man and manipulates me in order so I can do whatever he wants. I need legal assistance since at this point I just don’t know what to do and the police in my county I got patience and expects something worst to happen until something worst happens. However, not he just did... Read more »

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

By all means if he is threatening someone with a gun police should be taking action. It sounds as if you would qualify for a temporary restraining order. It would be useful to consult with an attorney. If you cannot afford one contact North West Legal Services which provides legal assistance and... Read more »

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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