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Questions Answered by James A. Abate
2 Answers | Asked in Criminal Law for New Jersey on
Q: If you bought a air rifle/pistol from pa not knowing you had to get it registered for New Jersey where you live

I have a nj firearms permit but not for the air powered gun/ pistol

James A. Abate
James A. Abate
answered on May 25, 2022

New Jersey does not have fire arms licenses. You need an FID card to purchase guns or ammo. But to safely posses in your home, business or gun range there is no license required. The danger lies in possession outside the home, office or range. That requires a carry permit and failure to have... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: A CDS distribution charge from 2018 I pleaded guilty to. Probation. Would it ever be available for expungement? NJ STATE

Finished probation in 2019. This is the only charge (I have a couple misdemeanors plus 2 other felonies ) that comes up on background checks and screws me. Would this ever be available to be cleared from my record? I’m in Monmouth county of nj.

James A. Abate
James A. Abate
answered on May 15, 2022

You can only expunge one felony aka indictable crime and up to five misdemeanors aka disorderly persons offenses. As far as expunging a distribution conviction, 1st or second degree can never be expunged. You can expunge for the sale or distribution with intent to sell 25 grams or less of... Read more »

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Can I drop a investigation for b & e

I had a family member Break into my home and steel stuff I called the police but know I don’t want the police to further investigate But I am scared of police Retaliation because I’ve had bad experiences

James A. Abate
James A. Abate
answered on May 11, 2022

The scope of the police investigation and whether they prosecute is not in your control. You can tell the Police you do not wish to see anything happen to the potential defendant. But if you start changing your story you could be charged with filing a false report.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Hi if someone sold some drugs when they were 14 4 years ago is there any possibility they get arrested for it
James A. Abate
James A. Abate
answered on May 2, 2022

While it might be theoretically possible, I have never heard of such a thing happening.

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4 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can a ticket be issued (no insurance card) without a traffic stop in the State of NJ.

court notice was received for appearance for no insurance card. There was never a traffic stop. It appears that someone reported a hit and run with my car two-three months prior and this is how they were contacting me by issuing a ticket?? It just doesn't sound right. The ticket date does... Read more »

James A. Abate
James A. Abate
answered on Apr 27, 2022

An allegation of driving without insurance can require a suspension. Given your situation, you may have been charged with leaving the scene of an accident, which has a mandatory suspension. I agree you should consult with an attorney.

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: What happens after a contempt of a DV order is written on a report.
James A. Abate
James A. Abate
answered on Apr 20, 2022

If the police find the report is credible and there is probable cause for a violation, it will be presented to a Judge to issue an arrest warrant. Not every report is acted upon by the police.

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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will someone who received a “contempt of a DV order and an updated report be arrested at anytime or will the judge wait

On 4/19 court was adjourned until 05/03. At night the defendant received a updated report stating that the def family member got in contact with the plaintiff, which the def did not know about until the report was sent by a lawyer of that court house. Therefore, it also states “contempt of a DV... Read more »

James A. Abate
James A. Abate
answered on Apr 20, 2022

If you have been charged with violating the restraining order, the arrest is automatic and nearly instantaneous. If that occurs you will be well served to have a lawyer who deals with both Criminal/ and FRO hearings. The violation is criminal and can require jail and prohibition against owning... Read more »

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1 Answer | Asked in Car Accidents and DUI / DWI for New Jersey on
Q: Do the police have to bring an intoxicated, clearly injured, person to the hospital following a car accident?

My friend got into a bad car accident while intoxicated. She had a burned, bloody face and expressed her arm was in pain (hospital confirmed it was broken the following day). Upon arrival the police asked if she wanted to go to the ER, but due to being drunk and in shock she declined. They... Read more »

James A. Abate
James A. Abate
answered on Apr 13, 2022

Due to injuries her field tests may have been compromised. She denied injuries and opportunity to go to hospital. So SFST argument is hard to hold against cops since they did not know. However with a medical expert the accident can be a factor for concussion mobility and other reasons. In many... Read more »

2 Answers | Asked in Federal Crimes for New Jersey on
Q: If I’m on federal pretrial can I switch my lawyer in get a new one my lawyer not doin her job now bein though I’m reales
James A. Abate
James A. Abate
answered on Apr 11, 2022

You are entitled to the representation of your choice. The court will need to approve substitution. This is freely done as long as it does not prejudice the case, such as on the eve of trial,

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: Please See below

On Feb. 2021 I was arrested by Evesham Police at approximately 3AM & charged with DWI, I was subjected to a field sobriety test. I explained to the arresting officer that because of severe trauma in my left leg I could not perform the necessary tests.

I was administered a BAC test …... Read more »

James A. Abate
James A. Abate
answered on Apr 4, 2022

As part of the plea you acknowledged probable cause for the stop and arrest. I do not believe it is worth the $20,000 plus fee that would be required for a case like this. In light of the plea, it would be extremely difficult to bring a civil rights case.

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for New Jersey on
Q: I was charged with simple assault. Due to an car accident. I didn't intentionally hurt the person. I fell asleep.
James A. Abate
James A. Abate
answered on Mar 31, 2022

This is actually an interesting issue. What was the intentional act? Police can say you intended to operate the vehicle in a sleepy state, unless you are a narcoleptic. If the sleep suddenly and without warning came upon you (bit into a magic apple perhaps) then you may have an argument that you... Read more »

2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Internet Law for New Jersey on
Q: How do I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. It's only legal when you are a child, but when you... Read more »

James A. Abate
James A. Abate
answered on Mar 31, 2022

There is not a suit for money damages in my opinion. But if you want to spend attorneys fees to investigate their might be someone who will take your money. If you believe your privacy was criminality violated you can ask the police to prosecute. But the family secure app may require a family... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Need case number from my 20 year old criminal case in NJ Superior Court.

About 15-20 years ago I had a criminal case in Union County Superior Court. Unable to find any paperwork I had associated with it. Currently I need the case number for a business license application. What would be a quick way to obtain any information about the case? I filed a Jeds request in... Read more »

James A. Abate
James A. Abate
answered on Mar 31, 2022

Much of this information is available on Ecourts, Pacer and Municipal Court Case Search and platforms like that. You can also call the Court and they should be able to provide you with the information.

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3 Answers | Asked in DUI / DWI and Personal Injury for New Jersey on
Q: If I were to get into an accident, god forbid, would the parent of my tutoree be able to sue me?

Hi. I am tutoring a 16 year old. His mother asked if I drop him home from the library. Can she sue me for life if I get into an accident, how can I avoid this situation? I'm worried. Can I have her sign a contract or is verbal/text consent okay? I am a 20+ adult.

James A. Abate
James A. Abate
answered on Feb 27, 2022

As a driver you are responsible of any injuries which result from your negligence. That includes passengers, other people be they drivers, passengers in other vehicles or pedestrians/ property. Anyone can sue you and possibly also look to your employer if it can be argued that operation of the... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I be convicted of a stolen car if I did not return a car rental until 5 months after the return date..

I rented the car in my name, used my bankcard to rent it which had a balance of no lower than 3,000 dollars at all time of me in possession of said vehicle/ property.. I also paid off the entire ballance for the said balance that had accumulated with the extra time I had the rental vehicle

James A. Abate
James A. Abate
answered on Feb 26, 2022

You can be and it sounds like you have been. When you rent a vehicle and know when it is due back and you don't return it, then you are considered to have stolen it. If you keep it for 5 months, then absolutely. Restitution is one the pieces of leverage your attorney would have, but sounds... Read more »

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3 Answers | Asked in Criminal Law for New Jersey on
Q: What to do if you are incarcerated for stealing a street bike you did not steal however you were pulled over riding on?

My boyfriend was asked to ride a street bike with his friend to his house. During the short ride my boyfriend was pulled over and given tickets for it being unregistered etc. it was not reported stolen and he did not know it indeed was stolen. Later on he gained knowledge the friend had stolen two... Read more »

James A. Abate
James A. Abate
answered on Feb 6, 2022

You need to hire a lawyer for your friend.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: My ex lied in a TRO out of spite, got me arrested for weapons, and now wants to recant her statement n sign a affidavit.

Now when my ex signs an affidavit admitting this all happened because she was spiteful and lied, wouldn't I be able to file a motion to dismiss the search warrant? The TRO was already dismissed because she didn't show up to court.

Also, the charge is a certain persons offense... Read more »

James A. Abate
James A. Abate
answered on Jan 29, 2022

You both need lawyers. If she admits to filing a false report which resulted in a warrant she could be arrested. Nonetheless, not the polices fault and they validly searched your home and found weapons. If there are defenses then you need a lawyer to advocate them. Otherwise you face mandatory... Read more »

2 Answers | Asked in Criminal Law for New Jersey on
Q: What are the consequences for bomb threat in the state of new jersey
James A. Abate
James A. Abate
answered on Jan 21, 2022

This could come under the definition of domestic terrorism. Acts of domestic terrorism are federally charged under specific laws, such as killing federal agents or "attempting to use explosives to destroy a building in interstate commerce". These charges come under the Patriot Act. If... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: If you are arrested the day after a search warrant expired can you get the case dismissed
James A. Abate
James A. Abate
answered on Jan 19, 2022

Based on your description, no. A search warrant relates to the search, not the arrest. An arrest warrant is usually open ended and does not expire until executed.

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4 Answers | Asked in Criminal Law, Family Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. Can I legally sue?

Leonard: I do not appreciate... Read more »

James A. Abate
James A. Abate
answered on Jan 4, 2022

Sounds like you are on your moms cell phone plan. Otherwise she would not be able to activate the feature which is put there by ATT for a family plan. You cannot sue as there is no cognizable claim for damages. You can try to convince the police to do something. But there may be permanent... Read more »

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