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Questions Answered by James A. Abate
1 Answer | Asked in Criminal Law for New Jersey on
Q: How to get a 3 with a 1 on a second degree possession of a firearm charge
James A. Abate
James A. Abate answered on Jan 13, 2020

You will need to retain experienced counsel who will review the facts of the case and proceed in advocating your case to the County prosecutor. There is no guarantee. But with lout counsel it’s not just going to happen.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I ask for a lawyer before going in for questioning at the station?
James A. Abate
James A. Abate answered on Jan 8, 2020

You have the right to be represented. But you will have to hire a private attorney.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Police called me to come to station for questioning regarding a theft incident do I have to go? And without a lawyer???
James A. Abate
James A. Abate answered on Jan 8, 2020

You do not need to attend unless you are under arrest. You should not go without a lawyer.

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3 Answers | Asked in Criminal Law, Small Claims and Cannabis & Marijuana Law for New Jersey on
Q: I have court in 3 days for a summons of 50 grams or less of marijuana . It was 1G to be exact . I have a medical card

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James A. Abate
James A. Abate answered on Jan 6, 2020

You are facing a criminal record and possibly loosing your license for 2 years. The prosecutor could decide to drop the charge based on card or reasonably say that you did not have it when you were arrested and continue to prosecute you. With no legal knowledge you are putting yourself at risk... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: I'm facing felony charges for aggravated assult for an altercation I my was in with my current partner. He told the

Police, emt's, prosecutor that it was an accident and they still want to press charges. Lowest charge from a level 3 to level 2 felony. I have no arrest history or traffic violation, nor domestic violence charges. In the midst of all of this chaos, I lost my mom on Nov. 18th of last year right... Read more »

James A. Abate
James A. Abate answered on Jan 3, 2020

You need to retain a private criminal defense lawyer, particularly one who is experienced with domestic violence matters. Prosecutors are very reluctant to dismiss a DV case due to fear of being accused as soft on DV. A second degree charge involves a presumption of incarceration for 5+ years.... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: I have a TRO court hearing in attempts to finalize it tomorrow, Jan 2, 2020 in Sussex county. What happens in court

I have tried for 10 days to find pro bono representation, no success. The judge will be angry if I dont have a lawyer. Will I lose bc of this?

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

You do not say whether you are plaintiff or defendant. Mr. Boyer has given you a detailed and well stated explanation why proceeding on your own could effect what happens in court.

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3 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: Should I speak up and ask for help at court or should I stay quiet & wait until he tries to hurt my daughter again?

I went to court to press charges against my daughter’s(5 months old) father because I found him molesting her. At court my sister told me that they will give my daughter to him, so I decided to leave but the court took my information and sent DCF to my house. DCF spoke to me and I told them what... Read more »

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

You should immediately contact the police.

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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... 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... 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?

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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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