Get free answers to your legal questions from lawyers in your area.
A 17-year-old juvenile, when there is neuroscience that shows similarities in their mental capacities?
answered on Feb 28, 2024
While the most up-to-date developmental psychology studies tell us that the prefrontal cortex--the part of the brain that comprehends complex issues like the consequences of our actions--isn't fully developed until we're about 26, the law in New Jersey (as well as federal law) has not... View More
October 2022 I was involved in a car accident. Hit 3 juveniles. Charges with 3 account of attempted murder and three accounts of agg assault. I was released on house arrest. But I haven’t been to court since being released. My court date if October 2023. I wasn’t indicted yet.
answered on Sep 23, 2023
While it is not impossible that it was listed erroneously, the odds are that you have been indicted and are just not aware of it yet. Grand jury presentments are secret proceedings that you are not made aware of beforehand, and the filing of the indictment is often the first time you learn your... View More
She was not aware that the weapon, a collapsible baton, was in her carry-on luggage. She was in the process of catching a business flight to Cincinnati, Ohio on behalf of her flight school. She is 22 years old, a certified commercial pilot, and working to get her degree in Aeronautical... View More
answered on Apr 11, 2023
While her lack of record makes her eligible to apply for the Pre-Trial Intervention program, if accepted that potential dismissal will take a minimum of 12 and maximum of 36 months and require at least some effort from her. Just having a pending charge in the event of a background check may be... View More
My boyfriend was asked to ride a street bike with his friend to his house. During the short ride my boyfriend was pulled over and given tickets for it being unregistered etc. it was not reported stolen and he did not know it indeed was stolen. Later on he gained knowledge the friend had stolen two... View More
answered on Feb 5, 2022
From your post, it’s unclear whether this took place in New Jersey or Maryland, but regardless of where, it’s important that your boyfriend has qualified legal counsel. In NJ, a critical element of the crime of Receiving Stolen Property [meaning something that the State needs to prove beyond a... View More
answered on Dec 17, 2021
There are a number of NJ felony convictions that will prevent a person from being able to legally own a firearm thereafter. The particular offenses you reference, however, are disorderly persons offenses (called misdemeanors in many other states) which in general do not prohibit someone from... View More
It was on an assault case that was In 2003 and the order a bench warrant for 2004. But the guy who filed the charges moved to Florida and passed away in Florida. But my boyfriend told me that he was defending himself after the guy knock my boyfriend's glasses off his face and he couldn't see.
answered on Dec 1, 2021
The states cooperate in terms of arresting people wanted on another state's warrant. Your boyfriend will be subject to extradition, which means that PA will call the NJ entity that issued the warrant and ask if NJ wants to come and get him or if PA should release him. If NJ indicates that... View More
One charge was ended and completed in probation in 2019(filed 2018) plus all fines paid. I had a smaller, minor charge from 2017 (failure to give CDS to police) which ended in just fines. Both cases went to superior court. The latter charge is a possession/distribution charge. Thinking back, I... View More
answered on Nov 28, 2021
The best way to know for certain whether you are eligible for an expungement is to reach out to an attorney who can look up any and all charges that come up in your name and let you know if you qualify or not. Many of us offer free consultations, and when called for an expungement case, will look... View More
answered on Dec 1, 2021
Armed robbery is a 1st degree offense in NJ, which means it carries a possible sentence of 10-20 years in state prison and because it falls under the No Early Release Act, a person convicted of it would served 85% of whatever amount of time sentenced before becoming eligible for parole. There is... View More
Due domestic violence with my fiancé.
answered on Nov 14, 2021
Ultimately, dismissal of charges is in the discretion of the prosecutor, but there are several reasons they might decide to do so. The opinion of the victim is especially important in these cases, but so is the credibility of that person. The particular facts of the case will matter most, and an... View More
Suspect attacked another student(middle schools students). Victim did not fight back as smaller in size. Victim ended up in the hospital with a broken nose. Will there be any repercussions if the mother presses charges? As seen normally juvenile cases get dismissed and left to the parents... View More
answered on Oct 29, 2021
While there are many diversionary options (resolutions that do not result in the juvenile being adjudicated delinquent) in juvenile court, it is not the case that juvenile cases normally get dismissed or left to the parents discretion when a formal police complaint has been filed. The possible... View More
For not paying I received a warrant and had my license suspended. Would I still have the warrant and would I be able to work on getting my license back?
answered on Oct 11, 2021
It’s very unlikely that the warrant would have been rescinded without being addressed. You should contact the court to find out how you might go about handling the warrant, and the original ticket (though if it’s trespassing, it’s probably not simply a ticket you can pay but a lower level... View More
client may be involved in the case?
answered on Sep 24, 2021
It certainly could be a conflict, but it would depend on a number of variables whether it actually is, including what the former client's role is in the new client's case. Additionally, conflicts of interest can be waived in some circumstances.
answered on Aug 23, 2021
Assuming you are talking about 2C:35-10a(1), which is the possession of a controlled dangerous substance in schedule I, II, III, or IV, the short answer is yes. In NJ, felonies are referred to as indictable offenses or crimes and there are 4 degrees. The statute you seem to be citing is a 3rd... View More
answered on Jul 15, 2021
While you may not be able to do much to force the school to take action, there is a criminal offense in NJ pertaining to cyber-harassment (found on this site by searching for 2C:33-4.1) and you could file a complaint at the police department against those bullying her under that statute. That said,... View More
My son was the one did this he has 2 changes 2c:14-2b and 2c244a1
answered on Jun 22, 2021
The offenses you’ve cited are 2nd and 3rd degree, respectively, and in juvenile court a 2nd degree carries as much as 3 years of incarceration and a 3rd degree carries as much as 2 years of incarceration. Because of his age, he will not be waived to adult court despite how serious the charges... View More
She was given a school-issued Chromebook in September, when she started high school. Due to the pandemic, I kept all 3 of my kids virtual. Her particular Chromebook would not stay connected to my home wifi and she would use her personal laptop to log into school. On the days she used her laptop,... View More
answered on Jun 21, 2021
You didn’t specify, but if you’ve got a court date, I assume you (and your daughter) are facing a truancy charge. That can be treated as a disorderly persons offense (NJ’s term for misdemeanor), and while the fine is low, it’s still not something you’d want to have on your background,... View More
I walked away from a police officer and was arrested for it. Will this lead to misdemeanor charges or just laying a fine? I have a zoom hearing, can I take care of that myself?
answered on Jun 10, 2021
What you’re describing sounds like it may be charged a few different ways, including as Resisting Arrest by Flight. That would be an indictable offense in NJ (aka a felony) and there are many reasons not to want the possible consequences of that offense to follow you around. An experienced... View More
I'm working on a research essay and I need some clarification around statute of limitations in NJ for criminal codes.
I see it clearly listed in my textbook and online that indictable crimes (felonies in NJ) typically have a 5 year statute and disorderly persons (misdemeanors in NJ)... View More
answered on Jun 6, 2021
While you’re correct about the general 5 year and 1 year SOL for crimes and disorderly persons offenses, there are a number of exceptions, including for crimes with no time limit, cases involving sexual assault where the crime may not be discovered until a later date and crimes involving certain... View More
answered on May 10, 2021
Possession of any amount of cocaine (powder or rock) is a 3rd degree felony in NJ and carries a maximum exposure of 3-5 years of state prison. Distribution or intent to distribute can make it a higher charge, but that doesn't appear to be at issue here. Likely sentence, however, depends... View More
answered on Apr 12, 2021
It depends on the sort of warrant it is—for example, executing a search warrant means law enforcement arriving at a location where a judge has allowed them to search during a specific time and performing the search.
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.