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
1 Answer | Asked in Criminal Law for New Jersey on
Q: what are some free legal ways to make sure that a arrest record is completely expunged an sealed thanks
James A. Abate
James A. Abate
answered on Aug 13, 2017

Filing a petition for expungement with the superior court. We add some language that requires private data bases to remove your record. We verify removal from State police and then contact the private companies so that there can be clarification to the companies that have old information.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Hi My friend is in jail right now & his charge is burglary entry. Plus he also had some missed court dates for tickets

As for now he only has a public defender would it be better for him to get an actual lawyer ?

James A. Abate
James A. Abate
answered on Aug 10, 2017

I believe what you meant to ask is whether you should retain a private attorney. Depending on the grading of the charge, your friend faces considerable time behind bars in state prison if he is convicted. With that in mind, you want him to be presented by an attorney who represents him and him... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Sister is victim of dv. My dad wants to press charges on the bf because she won't. Is this possible?

Nobody has ever witnessed any of the occurances and supposedly it only happened once. She refused to press charges but my dad is flying to NJ and wants to press charges on the boyfriend. Can he do so? He only has a text message that says he shoved her but now she's saying that she was lying... View More

James A. Abate
James A. Abate
answered on Jul 30, 2017

Anyone who is a witness to a crime may seek to file a citizens complaint. But without eyewitness testimony he will not be able to make probable cause.

View More Answers

2 Answers | Asked in DUI / DWI for New Jersey on
Q: If I get charged with a DUI, should I expect to appear in court multiple times to defend myself or is it just a one-time

court date?

James A. Abate
James A. Abate
answered on Jul 29, 2017

Defending yourself in a DWI case is a really bad idea. You are facing around $5,000 in fines, insurance increases and surcharges and a suspension of 12 months, 2 years or 10 years. You may also face jail. If you are planning to plead guilty no matter what, that can be done in one appearance.... View More

View More Answers

2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Received a noise violation summons last night. Where can I find my town ordinance stating the "quiet time?"

It was around 11pm on a Saturday.

James A. Abate
James A. Abate
answered on Jul 9, 2017

You can contact the municipal court administrator and they should be able to give you that information.

View More Answers

2 Answers | Asked in DUI / DWI for New Jersey on
Q: I got charged with a DUI and I was under 21. What other offenses might I be charged with due to underage drinking?
James A. Abate
James A. Abate
answered on Jul 7, 2017

You can also be charged with related disorderly persons offenses (up to 6 months in jail) but that is unlikely if you were not charged at the time of arrest. Focus on fighting the DUI charges.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: A neighbor accused me with criminal mischief and I didn't have knowledge of it
James A. Abate
James A. Abate
answered on Jul 6, 2017

If the police have charged you with a criminal offense you need to retain a criminal defense lawyer or if that is beyond your means request the appointment of a public defender.

View More Answers

2 Answers | Asked in Criminal Law, Child Custody, Domestic Violence and Sexual Harassment for New Jersey on
Q: Does it cost anything for a lawyer to help bring charges against ex husband?

I dont have a dime to.get help bc im on SS Disability.

James A. Abate
James A. Abate
answered on Jul 6, 2017

A private lawyer does not bring charges. Charges are brought by the police and prosecutor. If you believe you are the victim of a criminal act, contact the police.

View More Answers

2 Answers | Asked in Domestic Violence for New Jersey on
Q: DV was filed by a police officer present, boyfriend was arrested and released. What should I expect on my court date?

Is me verbalziling that i do not want him to go to jail for this be good thing for the judge to know? It was a heat of the moment type thing where I went and got the cops to get involved and there was alcohol also involved. Are these things I should mention at court ?

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

As usual, I agree with my colleague, Mr. Aalsberg. The defendant needs a lawyer as he faces a criminal charge. He will know the best way to present the situation so the court does not think you are being pressured to minimize the facts.

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: My boyfriend was arrested on domestic violence charges, am I able to drop charges? If so, how do I go about that.
James A. Abate
James A. Abate
answered on Jul 5, 2017

Your boyfriend needs a lawyer. Only the judge can dismiss cases. If the State believes that you are being presured to speak o his behalf it can make things worse.

View More Answers

2 Answers | Asked in Criminal Law, Federal Crimes and Identity Theft for New Jersey on
Q: if someone accused of bank fraud. video prove they at the bank but their phone track all place they at time and date?

if video show they at the bank this and that but the prove they have is their phone track all their location, and their neighbor proof that they were mostly home all the time? what will happen?

James A. Abate
James A. Abate
answered on Jun 29, 2017

If you have been charged with bank fraud you will be prosecuted and face imprisonment under state or federal charges. If you do not have a skilled lawyer you face a clear and present danger of spending a long time in prison. Do not speak to anyone either police or the bank until you have had a... View More

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: If a prison got arrested for robbery but there were no evidence and the the person dropped the charges.

The person dropped the charges but said the crime was still committed will that person still face jail time.

James A. Abate
James A. Abate
answered on Jun 7, 2017

An individual does not bring or press charges and cannot drop them. Charges are brought by the prosecutors office on behalf of the state.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: What must I do to get off Megan's law in N.J if I am eligible to do so?
James A. Abate
James A. Abate
answered on May 16, 2017

You would need to file a motion to be removed from Megan's. This is a very specialized area of practice requiring examination and report from an expert that is persuasive to the court and prosecutor. You will need to retain competent counsel.

View More Answers

2 Answers | Asked in DUI / DWI for Virginia on
Q: Got DWI in va have nj license car not moving what penalty first offense
James A. Abate
James A. Abate
answered on May 8, 2017

Seven month Suspension.

View More Answers

2 Answers | Asked in DUI / DWI for New Jersey on
Q: Dui in Virginia have nj license what can they do to my license
James A. Abate
James A. Abate
answered on May 7, 2017

First offense - 7 month loss of license.

Second offense - 2 year loss of license

Third Offense - 10 year loss of license.

If CDL 1st offense 1 year. Second offense permant revocation.

View More Answers

3 Answers | Asked in Criminal Law for New Jersey on
Q: do I have grounds to file motion to dismiss

I was arrested for burglary and while I was incarcerated a detective from a whole different town came and dropped couple new charges on me both cops admitted that I fit the prfile in their investigation which lead to me being pursuit neither towns had warrants literally profiled me because of my... View More

James A. Abate
James A. Abate
answered on Apr 26, 2017

If you were arrested for burglary you should have retained counsel. That is the person you should be speaking to. This is a complex situation and it doesn't really matter if I think you have a motion or not. What matters is what your lawyer thinks.

View More Answers

2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Can I be pulled over for having air freshener over rear view mirror.

Then the cop said he smell weed. I told him I don't have nor do I smoke weed. Then he started digging in my pockets. Was any of this legal. Just for having something over rear view mirror.

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

It is a pretext to stop you when the officer suspects something will be found. But the pretext is legal. Once stopped, the smell of marijuana is all he needs for the search.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it legal for the charges not to match the crime

Why does the passenger get charged with the same crime as the driver if the passenger had no knowledge of the drivers possession? If the car is property to one person, is not the possessions in said vehicle property of the driver/owner?

James A. Abate
James A. Abate
answered on Apr 23, 2017

The police are alleging that you jointly possesed the CDS. If you want to get out of this situation you should retain counsel.

View More Answers

4 Answers | Asked in Criminal Law for New Jersey on
Q: can we change a pool attorney public defender.?

we have a pool attorney who has not returned our call at all in weeks. never talked to him once and court is april 18th

James A. Abate
James A. Abate
answered on Apr 10, 2017

You can change attorneys and hire private counsel.

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: what does mental diversionary mean?
James A. Abate
James A. Abate
answered on Apr 10, 2017

This sounds like the M.I.T, mental diversion available in some counties. It is a way to avoid a criminal record as long as defendant is in mental health treatment.

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.