Lawyers, Answer Questions  & Get Points Log In
Questions Answered by James A. Abate
3 Answers | Asked in Criminal Law for New Jersey on
Q: Can please let explain what exacuting a warrant means
James A. Abate
James A. Abate answered on Apr 13, 2021

If its an arrest warrant, they arrest you. If it is a search warrant, they conduct the search.

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Would this offense be on my permanent record even though I was the passenger?

I received a ticket for consumption of open alcohol as a passenger and I spoke with the officer and he said that no points would be added to my license nor would it go on my record. The only thing I would need to do is pay the fine relating to the offense. This is my first offense and I’ve... Read more »

James A. Abate
James A. Abate answered on Apr 12, 2021

That is a motor vehicle violation so it would got on your motor vehicle abstract.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hi, is there any lawyer who speaks Turkish around Cliffside Park, NJ. I need a lawyer who knows domestic violence

I am under threatened with eviction by my husband. He told me he will sell his house and throw out my belongings. Can he do this? He wants to divorce without alimony. I am a housewife, 49 ages and a gammy person now. I had a bicycle accident and my husband is a causator (obsolete). He is... Read more »

James A. Abate
James A. Abate answered on Apr 3, 2021

I am so sorry to hear you are going through this. You do need a lawyer. I would think someone in the Turkish community would be able to help find a lawyer who speaks the language. Otherwise you can use a translator. Best of luck.

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: In New Jersey has the court made a final decision that DRE evidence is admissible in DUI cases?

Can DRE testimony be used in a municipal or state court cases in the state of NJ?

James A. Abate
James A. Abate answered on Apr 2, 2021

The special master decided that a Frye hearing is required to determine if DRE evidence is generally accepted. The Supreme Court approved of this, but did not issue a stay on DRE cases. Each municipal court is free to do what they please.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hello. I have a civil restraining order with my ex husband and he is not following it and I would like to make changes t
James A. Abate
James A. Abate answered on Mar 29, 2021

You cannot enforce Civil Restraints. They are a polite way to agree to dismiss a TRO, but there is no way to enforce them short of filling a new TRO or Criminal Charges.

View More Answers

3 Answers | Asked in Criminal Law for New Jersey on
Q: if you already won an appeal is it a bad sign that supreme court will be hearing it? Prosecutor has appealed to them. I

This is nj appellate division. Ruled in favor of inmate.

Is it a bad sign that the higher court sees a problem with the decision and want to rule against appellate court. He won first part of appeal and hoped he would soon be released. But now worried about supreme court

James A. Abate
James A. Abate answered on Mar 26, 2021

I means that the case you won on appeal is being appealed to a higher court.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a judge give a lesser sentence at a bench trial then the prosecutors original plea offer?

This is my fifth misdemeanor shoplifting offense. The prosecutor offered 90 days jail time and would not consider a lesser no jail sentence. All of my misdemeanors including this one are over a year old and I have not been in trouble since. I have mental disabilities that caused the shopliftings... Read more »

James A. Abate
James A. Abate answered on Mar 21, 2021

No. If you face a third or greater it carries mandatory jail. If the prosecutor won’t amend the charge so you escape the mandatory jail, the only option is to fight the charge at trial and win.

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Has the superior court decided on on the admissibility of DRE evidence yet?

My case is solely based on DRE observations - no urine taken - no blood taken and a 0.00 blown in breathalyzer. Is the DRE observation enough to convict me with just observing me by DRE officer?

James A. Abate
James A. Abate answered on Mar 20, 2021

The Supreme Court has denied a stay for these issues. So you should be demanding an immediate trial. Since the Frye Hearing is ongoing the DRE would be inadmissible and you should win.

1 Answer | Asked in Criminal Law for New Jersey on
Q: if a certain person not to possess finds a gun and turns it over to cops can he still b charged?

my fiance found a plastic pellet gun down the cushion of a chair in the resort and casino room that we were staying in, he took it to security who called the local cops who arrested him charged him w certain person and possession, the casino took his photo and banned him then security came up to... Read more »

James A. Abate
James A. Abate answered on Feb 18, 2021

The only answer is to retain a lawyer. Recent orders from the NJ Supreme Court could permit his release while he waits trial. While his case is serious, the possibility exists of a jury aquital.

1 Answer | Asked in Federal Crimes for New Jersey on
Q: Can I have my name removed if I the case is not mine
James A. Abate
James A. Abate answered on Feb 18, 2021

More information is needed. I'm really not sure what happened in this case.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: I am a woman in NJ. I had a FRO entered by default by someone who sexually assaulted me when I was a minor.

This person was an older woman in ministry. Her and my former pastor had me arrested in 2015 and a FRO was entered by default because I didn't know I had a court date. I sued the church for the assault and just won. Also, I am a part of the ACP program for protection and will be moving out... Read more »

James A. Abate
James A. Abate answered on Dec 8, 2020

You will need to file a Cartifagio application. Typically I will tell people that the application is dead on arrival without consent of the plaintiff. However, the default status and the fact that you have a court that determined you were sexually assaulted could be enough to overcome that.... Read more »

View More Answers

4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

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

The same thing you do with any criminal allegation. Keep your mouth shut and hire a good lawyer.

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I own a gun if charged w/ assault & battery, but case dismissed after taking anger management counseling?
James A. Abate
James A. Abate answered on Nov 23, 2020

It really is going to depend on the exact nature of the charges and how they were resolved. If it was a clean dismissal with expungment of the arrest, maybe. But I can see "anger management" getting flagged as a mental health exception. Without a criminal record there is nothing to... Read more »

4 Answers | Asked in Domestic Violence for New Jersey on
Q: I am charged with 2nd ag assault. I have a restraining order given to me in prison. The hearing date was 10/5.

That hearing didn't happen. On Nov 16 at 930 am I got an email that the hearing was that day at 9am.I understood that hearing not be more than 10 days from being issued. Is this tro still in effect. I'm in nj.

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

Most likely yes. A TRO stays in effect unless it is dismissed or amended to an FRO.

View More Answers

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,

View More Answers

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.

View More Answers

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 »

View More Answers

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.

View More Answers

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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.