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Questions Answered by Kristofher Beralo

2 Answers | Asked in DUI / DWI for Colorado on

Q: Am I assigned a public defender when arrested?

I was pulled over saturday night, the officer gave me a duid ticket. I did have my blood drawn at the hospital. I recently had 5 teeth pulled wednesday so i did let the officer know that i am prescribed medication for the pain. I had not taken these medication all day saturday. The officer i feel... Read more »

Kristofher Beralo answered on Apr 8, 2019

On your first appearance, the court will ask you whether or not you want to hire an attorney. If you cannot afford an attorney, the court will ask you to fill out a form so that a public defender could represent you.

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1 Answer | Asked in Criminal Law for New Jersey on

Q: I was denied drug court due to a 2007 agg assault charge Are there any arguments I can present to get into drug court

how do i go about getting the minutes from the suppression hearing i had?

Kristofher Beralo answered on Apr 8, 2019

You can file a motion to the court appealing your legal rejection for drug court. I would advise consulting with an attorney regarding this matter.

You can request transcripts from the court that heard the matter. There are forms you can fill out in court.

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: I got pulled over for Allegedly being on my phone, was given a ticket to go go to court but no fine amount. what now?

He said I need to go to court and did not give me any other information? Am I going to have to get a lawyer? I was not on my phone..

Kristofher Beralo answered on Apr 8, 2019

Without really knowing exactly what ticket were issued to you, I am going to assume that is 39:4-97.3 “Use of hands-free wireless telephone in moving vehicle. If this is the case, you can either plead guilty and pay $200-$400 fine (if this was your first offense) and resolve the matter or set a... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on

Q: Can a convicted person, guilty of one criminal charge, be sentenced prison time and probation time?

If a person has been found Guilty of a crime, awarded a maximum prison sentence date, and completed the sentencing time, can probation be ordered by the judge during sentencing and must it be served after the maximum prison sentence date?

Kristofher Beralo answered on Apr 3, 2019

Generally no. You may be confusing probation and parole. Both are alternative ways to serve a sentence outside of jail after a guilty finding. Probation means all of the sentence is served outside of jail unless the individual violates the terms of their probation. Usually, if the sentence is jail... Read more »

1 Answer | Asked in Constitutional Law and Immigration Law for New Jersey on

Q: Who does the Dream act effect?

My parents were illegal immigrants when they had my baby brother in 1996. He is a US citizen my question is when they passed the Dream Act in 2005. Would he be considered a dreamer?

Kristofher Beralo answered on Nov 22, 2017

No, since your baby brother was born in the US he is not considered a "Dreamer". Those are only for individuals who are undocumented who was brought to this country by their parents at a certain age.

1 Answer | Asked in Child Custody and Child Support for New Jersey on

Q: I married 9/15 separated within months.I want child support. why the court wants my last yr income when i make less now

Kristofher Beralo answered on Nov 20, 2017

The court just want to see what you made last year and would weigh that with what you are making this year. The court wants see your potential earning and see why you are making less now (if it is by choice).

In most cases however, the court will use your current income when they calculate...
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2 Answers | Asked in Divorce for New Jersey on

Q: my husband file for divorce , I just got notified . we have one child in common , also he's not paying for child support

can I get more money for child support after we get divorce? we have to court days coming out one for assault , he slapped me three times after I confront him for cheating and having a child with his affair and the another court is for child support

Kristofher Beralo answered on Nov 16, 2017

Assuming you are awarded primary custody of the child, the court will run the child support guideline in order to determine how much you should be receiving for the child.

I'm not really sure why you mentioned the assault incident? I'm assuming you filed a TRO. And you will have a separate...
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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on

Q: Will NJ courts take into account that I already pay support for my other children from different marriage?

My soon to be ex wants support and I want to pay but want 50/50 custody - will courts take into consideration that I already have order which I pay for child in college.

Kristofher Beralo answered on Nov 12, 2017

Without knowing much about the facts of the case, I can tell you this: Yes, the court will take that into consideration. An attorney would be able to advise you on the child support guideline that the court uses to determine child support.

Note: Custody is a completely separate issue for...
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1 Answer | Asked in Sexual Harassment and Criminal Law for New Jersey on

Q: My daughter is 17 and I just found out that she has been sexually active with a 28 yr old man. Is this legal

Kristofher Beralo answered on Nov 12, 2017

The Age of Consent in NJ is 16, which means she can have sexual relation with any individual. However, if this 28 year old man has a supervisory position of power over the teen, then it is a crime.

2 Answers | Asked in Family Law and Child Support for New Jersey on

Q: I want to know if the amount of child support I give my first kid would lower down now that I have another baby?

I have a 3 months baby , I want to know if for this reason the amount of child support I give to my first kid would lower , since at the moment when I had my first child I was getting paid more , but not anymore .i would also like to know if it’s true that I have to buy my child everything , from... Read more »

Kristofher Beralo answered on Nov 12, 2017

Yes, it is possible to lower child support now that you have another child.

Without knowing the circumstance of your case, usually when child support is paid it is the assumption that it covers the needs of that child to be use by the parent who has primary custody.

Again, i would...
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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on

Q: I filed a temporary restraining order against my boyfriend's brother, is it possible for me to get a permanent one?

I am also filing assault charges against him as well. We reside in the same house.

Kristofher Beralo answered on Nov 12, 2017

After you filed the TRO you are given a court date (if the judge granted you the TRO) to proceed with an FRO hearing.

This FRO hearing will determine whether or not a permanent restraining order will be ordered. During this hearing you will have the right to testify, call witness and try...
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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?

Kristofher Beralo answered on Nov 12, 2017

Although the Age of Consent in NJ is 16, it is still a crime to possess and send nude photograph of someone who is under 18.

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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for New Jersey on

Q: Can you please explain and give a general opinion on what I should do.

Hello, my husband was recently arrested and is now facing 4 charges. I was wondering if you could give me a general idea on the situation that way i can have somewhat of an understanding so i dont address this blindsighted and am able to go about the situation the correct way. The charges are1).... Read more »

Kristofher Beralo answered on Nov 12, 2017

Without knowing much about the case, the outcome will be determined by factors such as (but not limited to):

1. Lab Reports

2. Circumstance of the arrest

3. Prior Record

4. Testimony

5. Police Report

Usually, on a plea offer, prosecutors will offer to...
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