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Questions Answered by James A. Abate
2 Answers | Asked in Criminal Law, Employment Law and Civil Rights for New Jersey on
Q: Is there law suit for a person posting a police report on facebook? Threatening messages were made in the comments area.

I am a Crisis Intervention Teacher( Dean of discipline) at a New Jersey High School. A few months ago a shots were fired outside of the school. Students reported to me who the person doing the shooting was and a police report was made at the school with this information. Today I find out that the... View More

James A. Abate
James A. Abate
answered on Dec 21, 2017

If the report was posted with the intent to Harass, possibly. But just the act of publishing a police report does not provide a cause of action.

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1 Answer | Asked in Child Custody and Domestic Violence for New Jersey on
Q: Is someone’s mental health or lack there of reason to get a restraining order against them? There’s a child involved

The mother of my son recently attempted suicide... I don’t think she’s taking her mental health treatment seriously, and she allows her mother to drink and watch our son while she drinks

James A. Abate
James A. Abate
answered on Dec 21, 2017

Unless something has been done to you, a TRO is not appropriate. Involving Child Prevention and Permanency should be called if you suspect neglect or danger to a child.

2 Answers | Asked in DUI / DWI for New Jersey on
Q: Are the penalties worse if you get a DUI with kids in the car?
James A. Abate
James A. Abate
answered on Dec 20, 2017

§ 2C:24-4. Endangering the Welfare of a Child

Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: What are some results of a police officer lying on an affidavit This pertains to federal law
James A. Abate
James A. Abate
answered on Dec 17, 2017

18 U.S. Code § 242 - Deprivation of rights under color of law

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3 Answers | Asked in Criminal Law for New Jersey on
Q: The same bus driver constantly refuses to stop and let people waiting in so i hit the door and it cracked by accident

Is this an offense. It is the same bus driver he never stops and lets people in even if we signal for him to stop. The bus has room for people hoever he still does not stop and let people in. I hit the door to let the bus driver know that i was mad i did not mean to break since i did not hit it... View More

James A. Abate
James A. Abate
answered on Nov 27, 2017

That is criminal mischief.

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3 Answers | Asked in Criminal Law, Federal Crimes and Employment Law for New Jersey on
Q: 2C:52-11B(1) charges amended question. PLEASE ANSWER IF YOU CAN. THANK YOU!

I was charged with 2C:52-11B (1) I did not steal. I went shopping with two ex-friends, they went one direction I went the other. We met back at my car when the police ran up. Charging all 3 of us with shoplifting. My charge was amended to violation of municipal ordinance 271-1a Loitering. I am... View More

James A. Abate
James A. Abate
answered on Nov 18, 2017

I thoroughly respect the opinion of Mr. Cheser. I would add that you should bring the specifics of your case to a lawyer and have them review the question and your record.

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3 Answers | Asked in Criminal Law, Family Law and Traffic Tickets for New Jersey on
Q: Harassment Charge. 2c:33-4

I filed for a restraining order that was accepted and policed charge my ex with 2c:33-4. In return my ex three days later went to law enforcement and had me charged with 2c:33-4 as well. I was never arrested for this allegation or contacted by police. I had no idea this charge was on my record till... View More

James A. Abate
James A. Abate
answered on Nov 15, 2017

You would need to petition the Superior Court to expunge your arrest record. While you say "i was never arrested", the appearance of a charge is synonymous with an arrest.

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Traffic Tickets for New Jersey on
Q: 2c:33-4 Harassment.

In 2009, I filed for a restraining order that was accepted by police against my ex girlfriend. She was charged with harassment as well. She went and reported harassment against myself. I went to the police station today and wanted to see if anything was on my record. It says I was charged with... View More

James A. Abate
James A. Abate
answered on Nov 15, 2017

First you are confusing a charge with a conviction. If you were charged the record would still remain even if the charges were dismissed. Second you are confusing the criminal and TRO charges. There are different systems. The criminal case history is showing you were charged with a criminal... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: what is the difference betweek possession of a weapon for an unlawful purpose and unlawful possession of a weapon?
James A. Abate
James A. Abate
answered on Nov 8, 2017

Unlawful possession simply means you do not have the right to posses the weapon. Illegal gun. Possession with weapon with unlawful purpose means that the weapon (not limited to guns) with a specific intent to perform an unlawful act.

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2 Answers | Asked in Criminal Law, Communications Law and Federal Crimes for New Jersey on
Q: In New Jersey, what are the teen sexting laws? If I am 16 and my girlfriend is 18, can we send private sexual photos?

I thought about doing stuff by sharing private sexual photos with her and talking to her about sending them too, but I want to know what is legal first. If she is an adult sending them to me is that legal?

James A. Abate
James A. Abate
answered on Nov 8, 2017

You both run the risk of being charged with possession of child pornography. In addition, it is a very bad idea to share nude or intimate pictures of yourself with anyone.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: In the state of nj do u need a warrant to search a vehicle or consent from the owner even if they claim they smell weed
James A. Abate
James A. Abate
answered on Nov 3, 2017

No warrant needed under State v. Whitt. There are other avenues that a trained criminal defense lawyer can use to avoid a conviction.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Can you get a DUI for driving after taking medication a doctor wrote a prescription for?
James A. Abate
James A. Abate
answered on Oct 18, 2017

Absolutely. The charge is based on your impairment from alcohol or drugs. It does not matter whether it is legal or prescribed.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: A family friend whom I share no sexual relationship with hit me and vandalised my car. The cops locked him up for DV.

I told the cops at the scene that he has a severely bipolar mental disorder which he is supposed to take medication for but he got off of them and lost his mind and I was literally on my way to take him to a mental hospital for a medical evaluation when he freaked out and broke my windshield with... View More

James A. Abate
James A. Abate
answered on Sep 27, 2017

The police were presented with probable cause that an act of domestic violence occurred. They did what they are required to do under the circumstances. Hire him a qualified lawyer. He may be eligible for a mental health diversion. But without proper represntation he will. It get the help he needs.

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3 Answers | Asked in Domestic Violence for New Jersey on
Q: I Am 20yrs Old And A Guy Maybe 20 Years Older Than Me Hit Me I Filed Police Report What Charges Can I Charge Him With?

He Pushed Me Forcefully I Have A Bruise And He Hit My Arm And Also Have A Bruise And Punched Me On My Face Which I Also Have A Bruise I Took Pictures He Was Also Charging At Me If It Weren't For Some People That Held Him Back He Would Of Defiantly Assaulted Me More.

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

Simple assault. The police may or may not charge that for you.

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2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Traffic Tickets for New Jersey on
Q: Drove after taking newly prescribed drug, met wit accident hurting other vehicle driver. Doc did not tell not to drive.

This happened in NJ. The doctor had newly prescribed a drug. It had an adverse effect while driving - impairing judgment. Can't recall how crash happened. Haven't had any serious traffic tickets in the recent past (several years).

In the complaint: Charged with driving recklessly... View More

James A. Abate
James A. Abate
answered on Sep 5, 2017

You need to retain a criminal defense lawyer that specializes in DWI defense. The DWI charge indicates major problems. The causing bodily injury indicates a criminal matter.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I was accused of theft in NJ. Mall security banned me from the mall. 3 months later the town PD is wanting to charge me

Det in rockaway township wants me to come in the give a statement. What they said I stole- the clerks at the store said I could have as a gift- honest truth. three months later township PD comes to my job to speak to me but doesn't arrest me bc they didn't want to embarrass me or put Job... View More

James A. Abate
James A. Abate
answered on Aug 25, 2017

The strategy you are employing is called "admission" which would enable them to charge you with a crime. Any attorney will tell you not to speak to the police. If the police are contacting you, you should retain counsel t handle that. Otherwise you are going to end up with a criminal charge.

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4 Answers | Asked in DUI / DWI for New Jersey on
Q: Does New Jersey have implied consent laws when it comes to drunk driving?
James A. Abate
James A. Abate
answered on Aug 21, 2017

Yes. If asked by the police you must submit to a breath test or you will be charged with a refusal.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Can a no contact order in a FRO be changed to allow contact for child parenting time?
James A. Abate
James A. Abate
answered on Aug 20, 2017

With the consent of the protected party, the Order can be amended.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Can a nj final restraining order be changed to domestic restraint order?

My husband whom i have a final restraining order against lives in in another state and we have a child together. Can I change the final order of peotecrion to a domestic testraint order, to keep contact for my daughter's sake.

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

A final restraining order is a domestic violence order, under the Prevention of Domestic Violence Act. I am not sure what you are looking to accomplish, but it may be an amendment of the conditions in the order will be what you require.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can find guilty of bein acuse 15 years old sexual insult with out evidence
James A. Abate
James A. Abate
answered on Aug 16, 2017

No you cannot be convicted without evidence. But your thinking there is no evidence, does not mean there is not evidence. This will come in as a 1st or 2nd degree crime and punishable in the range a decade in jail. If you have been charged, start consulting with the best lawyer you can afford.... View More

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