Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by James A. Abate
2 Answers | Asked in Criminal Law for New Jersey on
Q: My boyfriend got picked up on a 2C 29-1A how long before he gets bail

He has bail for the Warrents how long can he be held for the 2C 29-1A

James A. Abate
James A. Abate
answered on Jan 20, 2017

Under criminal justice reform, which began in January 2017, he is required to be held 48 hours. At that time release or remand will be considered.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: Incarceration after a plea

To be exact: A defendant is incarcerated in 9/6/1994, then post bond in 9/17/1994. After various pre-trial conferences the person hypothetically "signs" a plea form in 8/7/1995 to 10 years for a drug offense, wouldnt they incarcerate the defendant at that time? Would they let him go and... View More

James A. Abate
James A. Abate
answered on Jan 13, 2017

After the plea is accepted there must be a separate sentencing hearing.

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can the State overturn a verdict handed down by a Lower court of a 3rd DUI, and apply a harsher verdict?
James A. Abate
James A. Abate
answered on Dec 8, 2016

If you were not charged with anything but DWI then the State cannot change the charge. The one caveat is whether the statute of limitations has passed. Though it also depends on whether the new charge would amount to double jeopardy. Talk to your lawyer on the appeal.

4 Answers | Asked in DUI / DWI for New Jersey on
Q: I’m planning a fishing trip to Canada with my buddies and just learned a person in our party has a dwi.

He lives in a state where it was considered a moving violation - he paid all fines and never lost his license. Is it going to be a problem for him to go on the trip?

James A. Abate
James A. Abate
answered on Nov 23, 2016

I agree with Mr. Aalsberg. More information is needed and this is really a Canadian immigration issue. But the specter of being kept out of Canada on a DWI, is real.

View More Answers

1 Answer | Asked in White Collar Crime for New Jersey on
Q: When the prosecutor on a criminal case withholds evidence for almost 6 months does that mean she doesn't have any?

Family member is being persecuted for a white color crime having to do with over 5 million dollars and is being framed

prosecutor waited six months to hand over discovery only because judge forced her to, does tis mean she may not have enough evidence to prosecute?

James A. Abate
James A. Abate
answered on Nov 7, 2016

There are many reasons why a prosecutor may or may not turn over discovery. In the case you are discussing it sounds like the Prosecutor does not believe the Defendant was entitled to the discovery and motion to compel was filed.

3 Answers | Asked in DUI / DWI for New Jersey on
Q: I read that my health history can be a defense to a DUI charge if it affected my breathalyzer test - is that true?
James A. Abate
James A. Abate
answered on Nov 1, 2016

One of the reasons why you want to be talking with a DWI specialist (National College of DUI Defense, ect), is because they are well honed on the scientific defenses. The short answer is your medical mystery might be a defense. It depends on the medical issue and the facts of your case.... View More

View More Answers

2 Answers | Asked in Criminal Law and Immigration Law for New Jersey on
Q: if being accused of touching my niece can i be arrested on the day i go to court to testify i am innocent

i am innocent what should i do I am in the process of immigration and I dont know whats going to happen

James A. Abate
James A. Abate
answered on Oct 26, 2016

If you are going to court to testify that you are innocent, then have already been charged. Sexual offenses can result in megan's law treatment, long incarceration and almost certain immigration consequences. You should not go to court without an experienced criminal defense lawyer.

View More Answers

3 Answers | Asked in Criminal Law for New Jersey on
Q: Is 2c:36-2 a fine or prison time
James A. Abate
James A. Abate
answered on Oct 26, 2016

Possession of drug paraphernalia can be punished by both incarceration as well as fines. You should retain counsel to go over the facts of the case and your record.

View More Answers

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for New Jersey on
Q: What happens at truancy court?

My son is 13. He moved with his father over the summer. His father failed to enroll him in school. I still have custody. Full custody. I now have to appear in truancy court. I worked with the two school districts involved. Now my son is in school after missing 11 days. But I'm nervous because... View More

James A. Abate
James A. Abate
answered on Oct 24, 2016

These matters are heard in the municipal courts. That you are there means that there are warnings that have gone unheeded. I believe the fine now goes up to $250 per day, so with 11 days, do the math. Jail time also is an option for the judge. That would be jail time for the parent.... View More

View More Answers

2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is it possible to have my New Jersey dui reduced to a wet reckless?

The prosecutor has agreed to throw out the breath test because of the amount of time between arrest and breathalyzing. But I need to remove the dui charge

James A. Abate
James A. Abate
answered on Oct 12, 2016

I assume that you are working with an attorney to get a suppression. You should be speaking with your attorney about this. I am sure he or she has explained that there are no plea bargains in a DWI case. Can the case be dismissed? It depends on whether there is. Legal reason. Without having... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: I have been charged with 2C:17-3A(1) in the 3rd degree, domestic violence.

This is my first ever offense. I did over $3,000 worth of damage as well. Is there any chance I will not have to do jail or prison time???

James A. Abate
James A. Abate
answered on Oct 10, 2016

First of all you are likely facing a temporary restraining order in addition to the third degree offense. You will need representation for both charges. Mr. Aalsberg has offered very good advice, as usual. You need to to meet with an attorney in person and go over your case. You are facing 3-5... View More

View More Answers

1 Answer | Asked in Civil Rights, Criminal Law and Libel & Slander for New Jersey on
Q: A NJ police called my elderly mentally ill mother in NY and threatened her with arrest on false claim against me.

The claim was made by the company with which I had a contract dispute. And in retaliation they claimed that I entered their office without permition, even though I worked in that office for 9 previous month and had a company issued badge. They never revoked my permission to enter office and when I... View More

James A. Abate
James A. Abate
answered on Oct 6, 2016

It is not difficult to make out a claim of probable cause. The complainant simply needs to make an allegation that --if proven true-- would satisfy a conviction under the statute.

You are at risk of a criminal conviction and a. Criminal record. A probable cause hearing is available. But...
View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: If a house is knocked down 5 days after a fire is that spoilage of evidence?

The home was knocked down before defendant had a lawyer and couldn't have the chance to have a private investigator go over the states claims and evidence

James A. Abate
James A. Abate
answered on Oct 3, 2016

That all depends on who called for the structure to be knocked down and why. Part of my practice involves investigating fire claims for insurance companies. I've seen many fire experts make determinations on cause and origin long after the site was compromised. Retain counsel and an expert... View More

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: Hi my name is matt and i was in jail recently i missed a court dated at penns grove because they didnt send a court date

i was in jail recently i missed a court dated at penns grove because they didnt send a court date and the penns grove clerk told me to come up there by noon tomorrow and she will ROR me and give me a new court date. Is that true or are they trying to get me to come up there to arrest me

James A. Abate
James A. Abate
answered on Sep 27, 2016

I have no way to determine if that is true or not. But your best choice is to cooperate with the court. It sounds like they are trying to work with you.

View More Answers

2 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for New Jersey on
Q: could a prosecutor from one county discuss a client's case with another prosecutor from another county
James A. Abate
James A. Abate
answered on Sep 27, 2016

Yes that can be done. There are occasions when a client is charged in more than one county or perhaps even in the federal and state systems. We as counsel will engage with all prosecutors to obtain a global resolution.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: Couple years ago I was pulled over I didn't have no license no Id on me but in my jacket was my brother's passport

They thought I was lying they thought I was him they look him up he had a warrant supposedly because he didn't pay some traffic tickets so I went to jail they took my fingerprints under his name....is this something I can fix?who do I need to see?wich lawer?

James A. Abate
James A. Abate
answered on Sep 22, 2016

It depends on how you went to jail? Plea, conviction after trial? If you plead, then you admitted that you were guilty and it would be extremely difficult.

View More Answers

2 Answers | Asked in Criminal Law and Libel & Slander for New Jersey on
Q: I was charged with N.J.S.A. 2C:18-3b wich is - according to the above - a petty disorderly person. Can I be arrested?

I visited police station and was handed a complaint defendants copy

James A. Abate
James A. Abate
answered on Sep 22, 2016

The presentation of a charge against you amounts to an arrest. Because it is under section 2C of the criminal code, it will appear on a criminal background check until it is expunged. Because of the potential poison your future with a criminal conviction, it is recommended that you retain a... View More

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: Some one has claimed that I brandished a handgun at them a hand gun is not in or around my family. what do I do

Police came to my house and took me for questioning at no point was I ever under arrest but the police did not inform me of my right that I had a choice to go in for questioning. the man that accused me said I pulled a handgun on him after getting out of my vehical... when in fact I never did he... View More

James A. Abate
James A. Abate
answered on Oct 29, 2013

I recommend you retain a lawyer as soon as possible. You could be facing a indictable crime. The face that you could be facing aggravated assault charges (a second degree crime) presents a great deal of risk. Do not talk to the police without a lawyer.

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: I want to have alcohol at my party. How do I avoid liability if someone gets drunk and he hurts someone.
James A. Abate
James A. Abate
answered on Oct 29, 2013

If you serve alcohol At a party and fail to properly supervise! you could face civil and criminal liability someone is hurt as a result. The only way to avoid the possibility is not to serve alcohol. Otherwise, behave reasonably and do not serve alcohol to anyone that appears intoxicated. If... View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Are there any cases involving "harassment" or "discrimination" due to the "use of alcohol" or "use of drugs"?
James A. Abate
James A. Abate
answered on Oct 29, 2013

I believe this situation would be covered under the Alcohol rehabilitation act.

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.