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Questions Answered by James A. Abate
2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?
James A. Abate
James A. Abate answered on Dec 8, 2019

Prosecutors office determined it should be downgraded to disorderly person offense.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is there intent to operate

If my Vehicle was out of fuel keys in ignition can i get a DUI drinking inside on the shoulder of highway

James A. Abate
James A. Abate answered on Oct 26, 2019

There is case law that the cart needs to be capable of operation. So a possible defense. But there is an inference from the fact that the car was on the shoulder that you had operated before it ran out of gas.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a lawyer text you saying they’re pressing charges on behalf of their client?

Got a text from a number claiming they’re a lawyer pressing charges

James A. Abate
James A. Abate answered on Sep 28, 2019

Anyone can do anything. But that does not mean its valid. First of all, a lawyer does not press charges. Charges are in the name of The People of the State of New Jersey. Not the lawyer. In my view, a text from a lawyer is not legitimate way to contact. Knowing some more about the facts would... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: I was charged with 2C:35-10B Im undocumented should I bring a lawyer to court? Should I be worried about ICE? im 18

Just turned 18 09-05-19

James A. Abate
James A. Abate answered on Sep 27, 2019

Yes you should always retain a lawyer when facing a criminal charge. If you are undocumented, the stakes are even higher. There have been stories about ICE showing up to courts. I cannot predict if you will have issues if this is a first offense. I would retain a criminal lawyer and recommend... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: can my daughter( a minor) be charged with conspiracy to commit a crime, if I have proof that wasnt her intent.

i have text messages from one of the persons listed as a co conspirator, asking my daughter to go out and eat..when she showed up they trashed a building and then were questioned by police. She went out thinking she was going to dinner not breaking into a building. plz help

James A. Abate
James A. Abate answered on Sep 24, 2019

She can be charged if there was probable cause can be charged. If you have information that can form a defense hire a lawyer to advocate on her behalf.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Looking for lawyer on Middlesex county Nj for 3rd degree terroristic threat charge that I didn't do or say

My wife started receiving calls and texts saying I was cheating with this person for 2 week's straight all day and night from numerous numbers blocked numbers etc... so one day after work my wife, daughter and I took a ride somewhere and another text with my car in my parking lot at home came in... Read more »

James A. Abate
James A. Abate answered on Sep 10, 2019

We are not permitted to solicit business on this site. So you need to look around and contact lawyers that interest you. Many cases are filed and a great many are shams. My firm recently represented a Giant's player who was accused of domestic violence and we were able to have the TRO dismissed.... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Federal Crimes for New Jersey on
Q: can a 19 year old press charges on his own father?
James A. Abate
James A. Abate answered on Sep 3, 2019

There is nothing to prevent a person of majority from seeking either a TRO or FRO against a family member.

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2 Answers | Asked in Criminal Law, Federal Crimes and Identity Theft for New Jersey on
Q: my brother was arrested for wire fraud and aggravated identity theft. it has been 2 months since his arrest.

the public defender assigned to his case claims she has not received all documents. is there a time constraint on when she needs to have all documents? she there a way for my brother to obtain them?

James A. Abate
James A. Abate answered on Aug 18, 2019

There are constraints which can result in motion practice, a judicial order and dismissal if the order is not obeyed. But it depends on why they have not been produced.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Being charged with with originaly 2C:5-1A(1) downgraded to 2C:33-2.1B. Didnt possess anything no exchang. Asked how man

Not marandized if cop offerd and i said 2 of actually Nothing what is the crime wasnt lotering even worrried about this showing on background cheks 4 employment.Can it be beat

James A. Abate
James A. Abate answered on Jul 27, 2019

There are many angles to this. Would need to know more about the facts and your background. But yes this will show up on criminal background and you would be wise to hire a lawyer and do everything you can do to keep it off record.

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1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Landlord - Tenant for New Jersey on
Q: Hello i believe and know im a vixtim of illegal search and seizure in the state of nj ninvited guest fight ensued
James A. Abate
James A. Abate answered on Jul 19, 2019

Its difficult to respond because I am not sure what the question is. Were you arrested? For what? Who searched you? What did they do? What did they find? What does the guest and the fight have to do with the police? Why were the police there? Was it in a car? Home? In Public? Additional... Read more »

2 Answers | Asked in Criminal Law for New Jersey on
Q: What would be the worst fine/sentence for this possession charge?

Lllllllllllll

James A. Abate
James A. Abate answered on Jun 29, 2019

You need to give more info. Weed, coke, heroin, ecstasy? How much? Circumstances? School zone? Record?

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2 Answers | Asked in Criminal Law for New Jersey on
Q: When facing a NJ 2C:40-26 is their in good outcomes besides jail espeically for a first time offender?

Can I apply for post relief conviction on my first dui? I have been going back and forth for this 4th degree charge for two years.

James A. Abate
James A. Abate answered on Jun 25, 2019

Depending on the facts you can apply for PCR on the first. But based on State v. Faison that will not help you on the 2C 40-26. If it is a Mark Dennis Issue that might be different. If you have been in court for 2 years you have a lawyer and you should really be talking with them. Generally it is... Read more »

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3 Answers | Asked in Criminal Law for New Jersey on
Q: How many steps and what can I do before the county criminal court summons

Attempting to elude. Police 2nd degree 2c : 29 2b

James A. Abate
James A. Abate answered on Jun 25, 2019

Case info says Philadelphia but asks about New Jersey. I am not sure if there is some confusion on that. I do not know what you mean about how many steps. What ca. You do? Plead not guilty and hire a lawyer who can go through the law and facts and represent you to achieve the best result.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: My daughter was pulled over the police searched her car and found a tiny bag that contained crack .

She let someone use her car . I know everyone says it’s not mine but it truly wasn’t hers. They did arrest her. She has never been in trouble with drugs before. She told me they didn’t read her rights to her. What can happen. Is it possible for this to be thrown out? Very worried!

James A. Abate
James A. Abate answered on Jun 12, 2018

She is likely facing an indictable crime (aka felony), 3rd degree punishable by 3-5 years incarceration. Loss of drivers license. It is not unheard of for a first time offender to be given probation. There may be issues on the search and miranda. Unable to know for sure without access to the... Read more »

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: I was pulled over for a dui. When taking samples there was no clear recording. Can this be used against me?
James A. Abate
James A. Abate answered on Jun 2, 2018

It can be asserted to be a refusal. The police can convict based on the SFST tests at the scene without a breath test. If you were charged with DWI and Refusal that would be a strong indication.

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: How long does a DUI stay on your record?
James A. Abate
James A. Abate answered on Jun 2, 2018

A DWI cannot come off your drivers abstract.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Question regarding possession of drugs in the state of NJ

If you are detained and searched by a state trooper and they find what they say is heroin but the person says they don't know what that is are they required to test the drug in your presence before charging you with possession?

Also if there is a prescription pill bottle with a pill in it... Read more »

James A. Abate
James A. Abate answered on May 20, 2018

There is no requirement for a field test. The suspected substance will be sent to the State Police Forensic Lab for scientific testing. The remainder of your questions are fact specific and it would be best to retain counsel to go through those as you are facing a 3rd degree charge (3-5 years)... Read more »

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4 Answers | Asked in Criminal Law for New Jersey on
Q: Can I use medical marijuana on parole in nj
James A. Abate
James A. Abate answered on May 12, 2018

This would depend on your terms of release. If your agreement says "no weed" I would get written permission before you take a single toke.

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3 Answers | Asked in Domestic Violence for New Jersey on
Q: Will a domestic violence conviction always impact a child custody agreement?
James A. Abate
James A. Abate answered on May 12, 2018

No always. These are fact specific questions. In this situation you require someone who is familiar with the family aspect, more than the domestic violence side of things.

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