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Questions Answered by James A. Abate
1 Answer | Asked in Criminal Law for New Jersey on
Q: Municipal Court Appeals in NJ

Hi, Goodnight! I filed a post-judgment motion (for new trial) in municipal court. I also want to appeal the decision in Superior Court. Do I have to wait until the motion in the municipal court is done or can I do both at the same time?

James A. Abate
James A. Abate
answered on Nov 17, 2023

An Appeal must be filled within 20 days. I cant tell you whether a PCR motion is even proper in your case. I recommend you proceed with counsel.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17

Greetings,

I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can... View More

James A. Abate
James A. Abate
answered on Nov 15, 2023

I recommend you go through a formal consultation with a lawyer who has experience with Domestic Violence/ TRO cases as well as family law.

James A. Abate, Esq.

Aiello Harris Abate

501 Watchung Avenue

Watchung, NJ

908.210.9755 (main)

james@ahalawgroup.com

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2 Answers | Asked in Car Accidents for New Jersey on
Q: Hi. I got into a accident I was making a left turn over a traffic median into a parking lot and a car

That was behind me didn't realize I was turning and drove into the median and hit me on my turn is he responsible or we both are because maybe I shouldn't have turned there?

James A. Abate
James A. Abate
answered on Jun 22, 2022

People and attorneys often confuse fault for an accident for fault on a ticket. The ticket is about did you violate the traffic law. You did. In many ways. Fault for the accident happens in a different court and what you do in the municipal court on the traffic violation could serve as an... View More

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: My husband was innocent but charged with domestic violence in NJ due to my emotions, ignorance, and cultural difference

My husband and I had arguments and he was trying to hug me from the back to calm me down. The police saw it and noticed there was a red mark on my arm. I was too emotional and didn't know what I said would cause legal consequences. So I said he did it. He was charged with domestic violence. In... View More

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

He needs an attorney. When police observe signs of physical injury they must make an arrest. Your statement may be seen as the result of pressure from the husband. An attorney will know the correct way to pursue dismissal. Get him an attorney.

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2 Answers | Asked in Criminal Law and Tax Law for New Jersey on
Q: Potential outcome for breaking & entering by breaking a door, simple assault on adult, breaking TRO, IRS tax fraud

I am looking for information on the potential outcome for the above. There was harm done to a child and involvement of DCPP, the assault done to the child has not been established in court due to postponement. I am curious about this outcome as it will severely affect parental time and the... View More

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

These seem like charges that will result in incarceration, but you need to speak with a criminal defense lawyer in a confidential consultation to go over the history and possible repercusions..

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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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 …... View 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... View 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... View 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... View 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... View 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... View 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... View More

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