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Questions Answered by Louis A Casadia
1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: my son has locked items belonging to me and my deceased wife in his room

how do i report a larceny?

Louis A Casadia
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answered on Apr 12, 2024

Call your local police department and explain the situation to them. It is hard to give any other suggestion with the limited information provided. How old is your son? Does he pay you rent? What items were taken? Understand that if you go down this path with the police you are opening your son up... View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: With the statute being changed in New Jersey.

A major change to New Jersey's drunk driving statute is set to allow plea bargaining in DUI cases beginning in early 2024. Late last year, Governor Murphy signed bill S-3011/A-4800 into law, and its plea bargaining provisions take effect in February. Will past offenders be able to benefit from... View More

Louis A Casadia
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answered on Apr 5, 2024

If you were able to overturn your plea or conviction then yes, you should be able to benefit from the new law. However, you will not be able to simply withdraw your plea or overturn your conviction based solely on the new law being passed.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: my sister got a ticket for no insurance card ticket in bayonne NJ, when she was just late to show the card.

Good Afternoon

My sister was visiting me from Philly and got a ticket in Bayonne, NJ while driving my car. she was dropping me off at the train station and while heading back to home in bayonne she missed a red light which was not obvious at a corner on avenue C and cop who a guy gave her... View More

Louis A Casadia
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answered on Mar 26, 2024

So this ticket is not for the car not having insurance, but for the driver being unable to display insurance information at the time of the stop. Therefore it is not so clean cut. An attorney can always help make sure you are not being taken advantage of in traffic Court. If their is a way to get... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

Louis A Casadia
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answered on Mar 23, 2024

Their is no way for you to resolve this without a litigation process. You need to get representation. You need counsel to review the police reports and any officer body camera to see if the officer had any cause to investigate you under the law and to examine your legal defenses in court for... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: How long do they have to go through the evidence collected from a house raided in NJ and turn it in to my attorney.

12 counts criminal charges drugs and weapons they claim 82 weapons and distribution of drugs Xanax and Valium

I wasn't selling it, ordered online from South Africa and I have a ATF license FFL and am a Ham radios operator.

Graves Act charged 1st time offence ever it was the... View More

Louis A Casadia
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answered on Mar 23, 2024

The State is not obligated to turn over evidence to the Defense until the matter is indicted. If they charge you on a Summons then they do not have a set time limit on when they have to indict the case. If they charge you on a Warrant and move to detain you at a Detention Hearing the defense is... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: how long in New Jersey do they have to create the return of warrant I was arrested 27th of Feb. Graves Act wavier poss?

1st offense

Will I ever see the light of day again 12 counts criminal charges drugs and weapons

I'm a gun collector, Ham radios operator,and had license for everything.

I wasn’t selling the drugs I wasn’t selling guns I collect everything the drugs are for my own... View More

Louis A Casadia
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answered on Mar 23, 2024

Impossible to answer this without more information. You need an experienced attorney who has handled Firearm and narcotics cases before. With drugs involved it will be difficult to obtain a Graves waiver, but you need an Attorney who can evaluate the States evidence and make sure they charged the... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Does 14 depend on 13? Will age only be considered if the person was influenced by someone more mature?

Committed murder at age 21 and was sentenced to 65 years. No parole eligiblity for 30 years.

Louis A Casadia
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answered on Mar 7, 2024

I am assuming you are referring to Mitigating Factor 14 and 13. They are separate factors that the Court must consider at sentencing. You do not have to have Factor 13 apply in order for 14 to be considered. However, Mitigating Factor 14 was just recently added several years ago so if the offense... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it lawful for the state of New Jersey to sentence a youthful offender under the age of 20 to a longer sentence than a

A 17-year-old juvenile, when there is neuroscience that shows similarities in their mental capacities?

Louis A Casadia
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answered on Feb 28, 2024

Yes, in New Jersey once you are 18 years of age you are considered an adult and subject to adult penalties. Now their is a mitigating factor a sentencing Judge must consider for offenders under the age of 26 but this does not bring the sentencing range back down to what it would be for a juvenile... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for New Jersey on
Q: Can I find out who the complainant was responsible for precipitating the home raid by local cops with a drug warrant?

Nothing was found and no arrests were made. How do I find out who signed a sworn affidavit accusing me of drug activity?

Louis A Casadia
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answered on Feb 14, 2024

So do you mean the officer who brought the warrant before the Judge or perhaps a regular citizen that provided the evidence to support the warrant? They are required to leave a copy of the Warrant order which should say the name of the officer that applied for the warrant. As for who provided them... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: If you max out on a five flat but still owe 800 dollars on your fines from your conviction do they keep you on parole
Louis A Casadia
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answered on Feb 8, 2024

I can tell you that if you were on probation, they would terminate you from probation and send the outstanding fines to supervised collections. If you literally maxed out the entire 5 years then they would likely just convert the fine into a judgement, but if you still had some "time"... View More

2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

Louis A Casadia
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answered on Feb 1, 2024

I also agree you should just call the court and explain your situation that you did not get notice in time. An attorney could also do this on your behalf. As to the simple assault charges you need representation so that someone can obtain the evidence and speak with the Prosecutor. It may also be... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it illegal in New Jersey to get 25 years for drug induced homicide? I’m asking because the law states the max is 20
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answered on Jan 24, 2024

Under 2C:44-3 a Defendant can be sentenced to what is called an "extended term" sentence for a number of reasons. An extended term sentence allows the Judge to sentence a defendant one degree higher then the offense he is convicted of. So a 2nd Degree Crime which is normally a range of... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I get out of a subpoena in NJ, due to a legitimate dr appt (that was planned months ago) for my child?

Thank you for the response. I updated this, as I realized my question had too detailed personal information.

Louis A Casadia
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answered on Jan 15, 2024

Hello, I will try my best to give you an answer to your question but I would need more information to really understand what exactly you are being subpoenaed for. In New Jersey in order to obtain a Firearm Purchaser ID Card or a Permit to Purchase a Handgun you need two references to speak to your... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: If someone violates a restraining order and I feel my life in danger, could I get justifiable homicide if I killed him
Louis A Casadia
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answered on Jan 10, 2024

This question is a very fact sensitive analysis. The fact that you have a restraining order against the individual would not, by itself, justify a homicide. However, it would be one fact to be considered in determining if the affirmative defense of Self Defense applies. Self Defense in New Jersey... View More

3 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: Is it best to hire a lawyer to help me file charges against the man that molested my minor daughter?
Louis A Casadia
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answered on Jan 10, 2024

You do not need to hire a lawyer in order to file criminal charges against this man. There are very limited benefits for you to pay an attorney to advice you on how and where to file criminal charges. Criminal charges are investigated by members of law enforcement and prosecuted in court by either... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: What is an acceptable amount of time to have a return email or phone call from your criminal attorney you hired?

I have been sending emails to my son's Attorney Hired and there was a mixup with emails, so they say.

(This is false because they used my email to send the monetary payment contract to me)

They told me they didn’t know they were coming from my email and thought they were from... View More

Louis A Casadia
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answered on Apr 7, 2024

It definitely depends on the attorney, but anyone who is worth the money you spent should get back to you within 24 hours. Since you are not technically the client though it is possible your son told him not to speak with you. In either case drafting a power of attorney should not take very long.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: i get ticket 39:3-29 A , however i have valid license but not physical at the point of incident what should i do ?

i get ticket 39:3-29 A , however i have valid license but not physical at the point of incident what should i do ? i have licenace in my mobile with digital copy

Louis A Casadia
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answered on Mar 19, 2024

Under the statute if you bring your documentation with you to court that was valid the day of the ticket the Court mat dismiss the ticket in his discretion. Otherwise it is a $150 ticket plus court costs of about $33.

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3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: What does non db detention mean?
Louis A Casadia
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answered on Jan 25, 2024

You need to provide more context. I am not immediately familiar with that abbreviation but if you describe your case and where this abbreviation appears I might be able to answer your question. Specifically was this on a court order, mentioned in court, on a Public Safety Assessment (PSA) for a... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Investigating an incident in midstate correction on an inmate. How do I follow complaint for an inmate on the inside of
Louis A Casadia
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answered on Jan 25, 2024

If you are asking how to file a criminal complaint against an inmate inside of the prison you would report that crime to the local police department for the township the prison is located in, assuming that is where the crime occurred. Additionally, the State Prison Corrections System has its own... View More

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