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Questions Answered by James A. Abate
2 Answers | Asked in Criminal Law for New Jersey on
Q: do we have a right to talk to a pool attorney be fore case goes to court
James A. Abate
James A. Abate
answered on Apr 9, 2017

I am assuming you are referring to a criminal case. But it is not clear whether you are dealing with an indictable criminal offense or disorderly persons offense in the municipal court system. Generally speaking, you will not be assigned a public defender until you get to an arraignment. When the... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I have been wrongfully accused of conspiracy , what do I do ?
James A. Abate
James A. Abate
answered on Apr 7, 2017

Plead not guilty. Say nothing. Hire a good lawyer.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: WhenI goto court..will I get the ball I paid in cash for? It was a bench warrant and it doubled whenit came to my town
James A. Abate
James A. Abate
answered on Mar 23, 2017

Once the case is concluded by plea, dismissal or conviction, the bail will be refunded to the person who posted it.

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: I received a DWI in NJ IN 3/17/2006 but I never went to court for it.

I want to take card of it now because I need my license for my job. If the cop is now retired is there any chance of my case being dismissed?

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

There is quite assuredly a warrant for contempt of court. That needs to be addressed. If thee State has a problem proving charges a dismissal is possible. But the prosecutors office will be very hesitant to dismiss unless it has absolutely no choice.

2 Answers | Asked in Criminal Law for New Jersey on
Q: A minor got a retail theft of $550. It's his first offense, what's the possible punishments for him.
James A. Abate
James A. Abate
answered on Mar 22, 2017

Start with a criminal record. That could make it more difficult to find work, loans, housing. A criminal charge could be sustained for a 3rd degree offense at that rate with 3-5 years incarceration. If less than 18 years old he could be deemed a delinquent and remanded until he reaches majority.... View More

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Charged with domestic violence. What to do?

Hi, We are at the precinct right now because my cousin was chraged with domestic violence. According to the police officer, my cousin's girlfriend came over at the precinct and filed a domestic violence case. We were invited to the precinct for questioning. I'm ouside the office right now... View More

James A. Abate
James A. Abate
answered on Mar 19, 2017

He is going to be taken to the county jail until a detention hearing can be held. You need to retain counsel to defend him at the detention hearing so he can be released and defend him in the criminal case. There are some courts which are detaining until the first court date, which can be 30... View More

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: my ex violated a restraining order and has no actual address to serve the warrant

can the courts call 3 phone numbers i provide, his mom sister and friend he claims he lives with, can they make those calls to explain there is a warrant so he leaves me alone????

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

The police need to locate him and effect personal service.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: my ex violated the restraining order, theres a warrant out for his arrest, but i know he gave a false address - ???

how can we make sure he gets in trouble for breaking the order - i had proof and thought the police would resolve this - he still calls on strange numbers?

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

There is a warrant, so he is not only in trouble, he is facing a criminal charge. The only way out of this is if he was not served with the TRO.

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: I had a DUI in CA 9 years ago. I then moved abroad. I didn't revoke the suspension. How can I apply for a license in NY?

I did not go to driving school. I moved abroad soon after the DUI, so I never recovered the license. I now live in NY. I understand I could apply for a license without issues if the DUI was over 10 years ago. Is that true?

James A. Abate
James A. Abate
answered on Mar 12, 2017

You posted in the NJ forum, but the answer is universal. You cannot obtain a license anywhere is you are suspended in CA. You must restore there first.

2 Answers | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: My friend is held at a juvenile detention center the charges are serious but judge confirmed he won't be going to jail

I would like to know why is he still locked in JDC if he's not going to jail?

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

That means that he is not going to adult jail. That doesn't mean he's going home. How long he will be held depends on his age.

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2 Answers | Asked in DUI / DWI and Immigration Law for New Jersey on
Q: Would I have an issue trying to come back to USA from abroad due to DUI in the past?
James A. Abate
James A. Abate
answered on Feb 24, 2017

Possibly. Immigration law is evolving quickly. Speak with an immigration attorney.

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Do police have to have a reason to pull you over and ask you to take a breathalyzer?
James A. Abate
James A. Abate
answered on Feb 21, 2017

Under the 4th amendment, you are protected from unreasonable stops or searches. Unless there is reasonable suspicion that you have violated the traffic code or committed a crime, the police may not pull you over. There are exceptions to that like checkpoint stops, that have there own riules. But... View More

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2 Answers | Asked in Immigration Law, Federal Crimes and Communications Law for New Jersey on
Q: Would this be considered a crime? I recently signed into my college wi-fi using my own credentials to redirect traffic.

Would this be considered a crime? I recently signed into my college wi-fi using my own credentials to redirect internet traffic through my laptop.

This enabled me to view both student and professor login credentials

Three days laterr, I was questioned by the school police, arrested... View More

James A. Abate
James A. Abate
answered on Feb 12, 2017

A great deal more information is needed and you should have an in person consultation to go over all of those questions. If you have been charged, then obviously it is being considered a crime. Could it affect your immigration status, yes absolutely. But I am confused about your facing trial.... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: drug charges already in superior court and been dismissed now it came back to municipal again charging me of posession
James A. Abate
James A. Abate
answered on Feb 11, 2017

It does not sound like your charges have been dismissed. It sounds like you are facing a transfer to municipal court and your drug charges are being treated as disorderly persons offenses.

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2 Answers | Asked in DUI / DWI for South Carolina on
Q: My son has a previous duac in south carolina 2 yrs ago he recently just refused a breathalyzer in south carolina and

Charged with a dui what kind of penalties is he facing and what can a lawyer do for him in this case and roughly whats the price for a lawyer

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

He faces a mandatory 6 months in jail for a third DWI. The prior two offenses from out of state will count. With jail on the line, the question should not be over money. Rather look for an attorney that specializes i. Third offense charges.

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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: restraing order was remanded I choose not to go thru another court case and now I'm being harnessed again.

The appellate division remaned my case due to an error by the judge of improper swearing in and not proving the second prong. I choose not to go through another trial and informed the court I was not going to attend, just to much stress and fear for me. The order was lifted but know I am being... View More

James A. Abate
James A. Abate
answered on Feb 4, 2017

You can always file a new TRO.

2 Answers | Asked in Criminal Law for New Jersey on
Q: In criminal case defendant with plaintiff who put complain obstruction and resisting arrest will have to appear in

In court if police officers work in this court and come in to apartment without warrant of arrest or search(municipal court) base on the phone call (false accusation of the neighbor that a child was calling for help - it is explained in the police report that the child was not at home only with... View More

James A. Abate
James A. Abate
answered on Feb 3, 2017

Can lawyer only appear and defendent write the statement or testify over phone?

No. You must personally appear or a warrant for your arrest will be issued.

And why municipal court want to testimony to be at close door and only police officers present and defendant not a neighbor...
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1 Answer | Asked in DUI / DWI and Employment Law for New Jersey on
Q: When did oath of allegiance for teacher cert in NJ require A criminal and offenses document be filled out for a DUI/DWI

I have been a teacher for the last 2 years in NJ and received my standard certification less than a year ago. I was also a paraprofessional for 5 years prior. I got my DUI just about 6 years ago and has never come up on these forms prior. I am wondering can they take away certifications already... View More

James A. Abate
James A. Abate
answered on Feb 2, 2017

This is a question specific to education employment and you should speak to an employment with an education lawyer. Brian Cige in Somerville is someone I recommend. A DWI is a traffic offense and is not criminal.

3 Answers | Asked in Criminal Law for New Jersey on
Q: What should I do if charged with 2c: 35-10a(4) dp and 2c 36-2 dp First time offense
James A. Abate
James A. Abate
answered on Feb 2, 2017

Retain counsel. Have a consultation and craft a strategy that fits your case.

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3 Answers | Asked in DUI / DWI for New Jersey on
Q: I was charged with a dui this week and i have a pending one from the summer - what am I looking at here?
James A. Abate
James A. Abate
answered on Jan 27, 2017

On the first you are looking at up to 12 months suspension. Not likely that you will go to jail for that one. Though I know nothing about that case.

For the second offense, jail is a real possibility as well as a mandatory 2 year suspension. If you are a CDL license holder you will loose...
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