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Questions Answered by Michael A. Smolensky
1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I take a possession charge for someone if I wasn't present at the time drugs were found?

Found in my car which my boyfriend was driving at the time of arrest.

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 26, 2022

The answer to this question depends on the specific facts of the case and, perhaps more importantly, prosecutorial discretion.

2 Answers | Asked in Criminal Law for New Jersey on
Q: I am a crime victim. Will the attorneys/judge consider that when I report to jury duty?

I live in NJ. I am a crime victim. One defendant pled guilty to other charges and the charges related to my case were dismissed. Second defendant pled guilty and is currently on probation and paying restitution to me. Third defendant is a fugitive (so, open case). I appeared in court and made... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 26, 2022

You ought to have the opportunity to tell the judge. If I were defense counsel, I would ask that you be excused for cause.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a 14 1/2 year old who gropes 12 year old multiple times against his will be held liable under this statute?

Specifically, can the 14 1/2 year old be convicted under the child endangerment stature?

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 19, 2022

To answer this question, more information is required. An attorney, upon entering his or her appearance in court on a client's behalf, can demand and obtain the discovery. The answers to questions like this depend on the discovery provided by the State. This is preferable to speculating about... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Charged with 39:3- 29A for the third time. What am i looking at legally
Michael A. Smolensky
Michael A. Smolensky
answered on Jun 12, 2022

A person charged under N.J.S.A. 39:3-29a faces fines and costs totaling $190, and possibly up to $440 if the person is a driver or operator of an omnibus. It is a good idea to speak on the telephone to a lawyer to review all the details.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Just curious, about hoe much is it to have a lawyer for a cell phone ticket in NJ a round about number …
Michael A. Smolensky
Michael A. Smolensky
answered on Jun 7, 2022

It depends on the attorney. Perhaps calling various attorneys on the telephone to inquire will help develop the desired information. Once this information has been acquired, then the individual can conduct a cost-benefit analysis to determine whether the benefit of retaining counsel outweighs the... Read more »

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Cop gave me cell phone ticket but it was written in my spouse name(registered in spouse name) gave my license though

Car registered-spouse

Insured under me

Gave my license

Ticket written to my spouse who was not with me he put all of her information on ticket what do i do he did have body cam going

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 1, 2022

If I am understanding this correctly, the officer wrote out the ticket to a third party. Here, the third party is the spouse of the vehicle operator. The ticket is a summons for that third party to appear in court. The third party can demand discovery and raise defenses (i.e. it wasn't me) to... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it illegal to use the General Power of Attorney, when in fact the principal is now incapacitated?
Michael A. Smolensky
Michael A. Smolensky
answered on May 30, 2022

The answer is: it depends. A properly drafted durable power of attorney remains in full force and effect with the onset of the principal's incapacity, and a springing power of attorney goes into effect only with the onset of the principal's incapacity. Instead of trying to decipher... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: A CDS distribution charge from 2018 I pleaded guilty to. Probation. Would it ever be available for expungement? NJ STATE

Finished probation in 2019. This is the only charge (I have a couple misdemeanors plus 2 other felonies ) that comes up on background checks and screws me. Would this ever be available to be cleared from my record? I’m in Monmouth county of nj.

Michael A. Smolensky
Michael A. Smolensky
answered on May 15, 2022

More information is required. To find out whether and when you will become eligible to petition a New Jersey court for expungement, contact a criminal defense attorney on the telephone. If the attorney does not ask for a Rap Sheet ("Criminal History Record Information") from every... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Warrant due to missing court date,unaware . Ticket for “no registration “ but I had went to DMV have paperwork.

This is from 2 yrs ago. I called once I received the warrant and new court date. I called the township it sent the warrant to she told me can Monday morning due to weekend.

Michael A. Smolensky
Michael A. Smolensky
answered on May 14, 2022

Allow me to try to repeat the circumstances. A municipal court appears to have issued a bench warrant based on a failure to appear after a ticket was issued two years ago for no registration. Upon learning of the bench warrant, the defendant contacted the municipality. It is unclear whether the... Read more »

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Can I drop a investigation for b & e

I had a family member Break into my home and steel stuff I called the police but know I don’t want the police to further investigate But I am scared of police Retaliation because I’ve had bad experiences

Michael A. Smolensky
Michael A. Smolensky
answered on May 11, 2022

In a situation like this where the question is about control, the police have it. Everyone knows they are accustomed to having it, which can be a problem for them when they do not live up to their responsibilities. As such, they are not expected to close the file on the investigation based on a... Read more »

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1 Answer | Asked in Family Law and Juvenile Law for New Jersey on
Q: Girlfriends stepson was told to leave the house temporarily. Dyfs was called to investigate. He is hinting of false

Allegations. What should do to protect myself if and when this happens

Michael A. Smolensky
Michael A. Smolensky
answered on May 5, 2022

Because this question involves a DYFS (DCPP) investigation, it would probably be best to seek the advice of competent counsel in a private consultation. Answers on a web page offering ideas about how to protect oneself legally will not suffice. For example, rights available to a defendant in a... Read more »

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Re nj 39:4-81 1. What a good defense can be for this offense? 2. What is the minimum and maximum fine?
Michael A. Smolensky
Michael A. Smolensky
answered on May 5, 2022

One defense is to prove that you did not violate the statute.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I received a court summons for traffic tickets I did not get. Someone provide my information to the cops.

I was not the person driving and it was not my car that was stopped. The tickets were issued in East Orange, NJ. The driving had temporary plates that expired on a car that is not registered to me and provided the cops with my name and information to avoid getting a ticket. How do I fight this.

Michael A. Smolensky
Michael A. Smolensky
answered on May 4, 2022

To fight this ticket, it seems to me one would hire an attorney who knows and perhaps has the professional experience required to represent the defendant at trial.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a traffic ticket for failing to provide updated insurance card. my ticket was dismissed by the judge.

Did I receive points on my license even though the ticket was dismissed?

Michael A. Smolensky
Michael A. Smolensky
answered on May 4, 2022

The New Jersey Motor Vehicle Commission does not assign points unless and until a judgment of conviction for a motor vehicle offense is entered by the Municipal Court. This can appear to be a seamless process, but without the conviction, no points will be applied to the license. Therefore, if the... Read more »

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Hi if someone sold some drugs when they were 14 4 years ago is there any possibility they get arrested for it
Michael A. Smolensky
Michael A. Smolensky
answered on May 5, 2022

Though unlikely, a possibility exists. More information is required. Based on the limited information available in the question, the issuance of a Juvenile Delinquency summons or warrant follows the filing of a complaint, a review of the complaint to determine whether it satisfies the requirements... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: How long will a FIRST TIME offender get in jail for 2C:39-4D

Kitchen knife was the weapon of choice.( domestic violence)

Michael A. Smolensky
Michael A. Smolensky
answered on Apr 29, 2022

Possession of Weapon for Unlawful Purpose, N.J.S.A. 2c:39-4d, is a crime of the third degree. Based on the explanation that "Kitchen knife was the weapon of choice.( domestic violence)" and depending on the evidence developed by the State's investigation, if the victim meets the... Read more »

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4 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can a ticket be issued (no insurance card) without a traffic stop in the State of NJ.

court notice was received for appearance for no insurance card. There was never a traffic stop. It appears that someone reported a hit and run with my car two-three months prior and this is how they were contacting me by issuing a ticket?? It just doesn't sound right. The ticket date does... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Apr 30, 2022

The surprise is understandable but the description of the procedure appears to satisfy the requirements of law as provided under the New Jersey Rules of Court.

New Jersey Rules of Court do not require the defendant to be named for non-moving traffic offenses. Instead, it is sufficient to...
Read more »

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