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Questions Answered by Barbara Ungar Esq.
2 Answers | Asked in Criminal Law for New Jersey on
Q: Trying to expunge my record from 1989 for drug paraphernalia. Do I qualify and if so what do I need to do?

I applied for Global Entry and was told of this record that I thought it was removed after completing probationary requirements.

Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Mar 23, 2021

The new marijuana bill provides for the recreational use of marijuana under 6 ounces and paraphernalia. As a result of the new marijuana bill, the Attorney General issued a directive mandating the dismissal of all pending marijuana charges and vacating all prior convictions for marijuana. Your... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Was given a summon for this statute; any way to not show up to court just to plea guilty and pay fine?

Pulled over in small street near house due to child out of baby seat, given summon require to show up in person

Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Mar 6, 2021

The municipal courts are now operating on zoom. You should plead not guilty and the Court will schedule you to have an opportunity to speak to the prosecutor. You do not have to appear in person in court as all court proceedings are remote. I would recommend given the nature of the violation that... Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: In NJ how does mom/executor access streamlined or no probate for deceased dad's non-joint bank acct. with $9,000 in it?

Trying to help mom through these last few steps. The bank has made her husband's bank non-joint account an Estate of [his name] account. We have read that, if the decedent did not have valuable property over $20,000, surviving family members can take advantage of New Jersey’s simplified... Read more »

Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Mar 4, 2021

Your mom would need to file the correct forms with the probate court in the county where she resides. If her husband had a will and the will named her the executor of the will, she would need to fill out the probate forms with the original will and submit it to the probate court where she resides.... Read more »

1 Answer | Asked in Animal / Dog Law for New Jersey on
Q: My sister surrendered my dogs while I was hospitalized and incapacitated She had PoA. How can I get them back

I was suffering from mild mental health issues and also had several strokes. She had poa while I was incapacitated but I'm now doing much better and am in therapy

Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Mar 4, 2021

The power of attorney needs to specify that she may act on your behalf if you have a mental health issue. She has no authority under the power of attorney to permanently surrender your dogs. If the mental health crisis is over and your therapist with whom you are treating does not feel that you are... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I evict someone from apt. For cocaine use despite covid ban in NJ? He is roommate, refuses to leave.

refuses to leave or pay rent. Has used cocaine about three times in past 10 days.

Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Mar 4, 2021

You are entitled to quiet enjoyment of the premises. The use of marijuana in the premises is a violation of your lease. The landlord needs to take action to ensure that you have quiet enjoyment of your premises. Pursuant to the memorandum of the Administrative Office of the Courts in July, 2020,... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Landlord gave us a letter on March 1st stating he's doing a 30-Day quick deed sale on the house we are renting

We have a month-to-month rental agreement and have been looking around, but there are no apartments or homes available within 15 miles for a rental. We have 2 teens in High School + a Special Needs child in Elementary.

We literally have nowhere to go without leaving the area and causing... Read more »

Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Mar 4, 2021

Presently, there is a stay of evictions signed by Governor Murphy under Executive Order 106 on March 19, 2020 as a result of the pandemic. The stay of evictions was recently extended by Governor Murphy and also by the federal government under the Biden administration. The CDC guidelines reference... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Will a violation of 39:4-97.3 result in a point on my license?
Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Mar 4, 2021

Usually a cell phone violation on a first offense is a fine. On a subsequent offense it will lead to loss of your driving privileges and fines. There are exceptions to the cell phone violation if you were using the cell phone due to an emergency or due to a medical emergency.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was chaeged with a 4th dregree giving a false police report i was never in trouble b4 i have a clean record

Og o have never did anything wrong b4 will i get jail time or will i have to pay a fine and do probation i have 2 lil girls at home

Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Jul 30, 2013

You may want to make application to Pre-trial intervention through the Courr and if you are accepted into the program and qualify for the program, you will be able to have the charges dismissed once the PTI process is completed, assuming that you do not want to contest the charges otherwise.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is it conflict of interest if my co-defendant and I are represented by the same law office?
Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Jul 30, 2013

Its the best practice to have two attorneys each representing you and the co-Defendant. If they share office space, its best that they not discuss the case and there is a potential ethical issue that could arise. Its better if you retain an attorney from a different law office and not in the same... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can a judge reject a plea agreement to run a sentence concurrent on a new charge by a person on probation or parole
Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Jul 30, 2013

The Court can decide to reject the plea agreement made between you and the State. Yet, if that occurs, you can take your plea back and try to have your attorney conference it with the Court and the State to try to reach another resolution of your charges.

1 Answer | Asked in Criminal Law for New Jersey on
Q: How long can you be held in jail without bail?
Barbara Ungar Esq.
Barbara Ungar Esq.
answered on Jul 30, 2013

Generally, bail is set by the Court once the Complaint is filed against you. If bail is not set, you can hire an attorney to request bail be set as soon as possible or to request that the bail set be lowered to a cash bail.

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