I have a restraining order on someone and they violated it using a text now number but the cops are trying to see if it gets pinged back to my phone
I received a summons when I was arrested last, if they were to find something on the phone would I be arrested again or would it go to court... View More 
answered on Sep 4, 2023
Yes, generally if you have a restraining order against you and they find something to show you have contact with the victim, you would be arrested on a warrant and can even be held over until trial. Get a lawyer if you think they may find something, especially one good with hiring and using a... View More
A cop pulled up behind me while i was sitting in my car talking to my girlfriend. He made me and my girlfriend get out of my car and wanted to search my car and made me perform a field sobriety test. He did not pull me over while i was driving, we had just gotten in the car and were about to leave... View More
answered on Aug 22, 2023
Each case is fact dependent, just because your car was on for over 3 minutes does give him the right to stop you as it is a violation of the law,but not the right to test you for a DWI, he would have needed some other articulable reason.
Hello,
Someone hits a parked car while pulling out of street parking and thought there was no damage on the other car. He just checked the car from rear mirror and left the scene.
A police officer called after a few days and said the car had camera and reported very minor damage.... View More
answered on Aug 5, 2023
You better tell your friend to hire a good lawyer. Your friend is facing up to 30 days in jail and 6 months loss of his license and some fines. If convicted which it sounds like it would be easy for the state to do, due to the video evidence, these penalties are a real possibility without good... View More
Someone advised me that the NJ AG made it clear that “operate” means in forward motion. Which from my understanding would exclude parked vehicles and vehicles running but not in motion.
answered on Jul 25, 2023
Even if the AG made this clear its up to a judge to determine and unfortunately the courts have made operation not just actual operation but go by whether the person had the ability to operate the vehicle in general. If your charged with a DWI or DUI get a good lawyer as the laws are against you... View More
It was leaving my college in bumper to bumper traffic and i was on it for 2 seconds just to put in an adress, what do you think the court will give me
answered on Apr 5, 2023
I don't know where that other lawyer got his information from. But its no points for a first or 2nd offense and a 3rd offense or more has 3 points. Here is what is says directly on the MVC website:
Use of a handheld cellphone or electronic communication device while driving:... View More
answered on Mar 11, 2023
Per the terms of service of this website, we cannot give you specific legal advise on this website, so I will talk generally, you are allowed to make a citizens arrest when someone steals from your store, while you await for the police to come. just you better be right otherwise the shoplifter may... View More
Asset=House to 2 children, Bank accounts/annuity = to 2 children. What is the process/concerns. Would like to avoid probate. Or should we create a different document?
answered on Mar 9, 2023
Unless you are willing to give them all your assets now a living trust in NJ doesn't really accomplish avoiding probate in most cases in NJ. They are great outside of NJ, but not in NJ and thus the reason they are rarely used in NJ. Other process's however may accomplish your goals.... View More
I was trying to recalibrate my Google maps. Phone was being weird and just as I made the decision to pull over, I got pulled over. I cannot lose my license - I’ll take points and paying a fine but I don’t have the option to lose my license right now…
answered on Feb 21, 2023
The judge always has the final say in what your sentence will be But you are facing with a 3rd or Greater Offense: Fine of Not Less than $600.00 or more than $800.00 plus up to 90 Days Drivers License Suspension and 3 Motor Vehicle Points. The key word is up to and thus the reason must people hire... View More
The ticket was careless driving. I hit a railing and my friend was injured. Now I am contacting my insurance company. I don't know what this hearing is about. If I say something wrong at the hearing, will I take all the responsibility for this accident and then the insurance will not pay the... View More
answered on Feb 17, 2023
I always recommend that anyone that has a ticket with a mandatory court appearance hire a lawyer as you face up to 15 days in jail and up to a $200.00 fine. Now although the jail part is not likely to happen in most cases, it could in your case as someone is claiming an injury in your case. If... View More
answered on Feb 2, 2023
The answer is the time depends on the crime committed and the prosecutor does not necessarily have to indicte you to charge you with a crime. If you think you may be charged with a crime speak with a lawyer, if you are already charged most attorneys offer a free in office consultation if you... View More
Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... View More
answered on Jan 28, 2023
The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... View More
I found a wallet and mailed it back to its rightful owner and now I’m being charged with theft I have to go to court for an intake conference.
answered on Jan 8, 2023
More information would be needed to advise you which you probably don't have but could be accessed thru the courts to properly answer your question. But it sounds like you have been charged with theft. The right thing to do with the wallet was to immediately give it to the police,... View More
Officer saw my good record and pleasantly came over and gave me 3 tickets for speeding. Unlawful operation and not obeying. Signs . He basically said I was speeding 3 different ways. After he complimented me for having no points
answered on Jan 3, 2023
It never hurts to ask but it probably won't be done without some type of proof, just getting 3 tickets for the same offense is not that uncommon these days as cops tend to write more tickets as everything today is videoed. You may want to request that video.
Pleasant interaction I had no points/ had all my credentials/ why so may tickets for the one offense. Then told me to plea not guilty in court and fight it. Why pleasantly give me 3 tickets to tell me to go plead guilty. Why give me so many tickets in the first place.
answered on Jan 1, 2023
Unlike in the past now that most interactions with police are recorded it is rare to get a warning and not a ticket if you committed the offense as they don't want to seem like they are giving one person and a ticket and not another. In your case if the officer has you on video violating 3... View More
I'm currently wanted for alleged motor vehicle theft, car jacking, theft, etc in NJ. I also have a current probation violation out of pa, as well as on going felony court proceedings in New Hampshire. I know I can't run forever and the longer I do the worse it gets. The Pa warrant is a... View More
answered on Dec 29, 2022
If you truly want to take care of this you need to hire lawyers in each state and then follow their advise on how to turn yourself in to make this easiest as possible. The charges as you know won't go away and if you get found before turning yourself in that always looks worse as turning... View More
answered on Dec 26, 2022
The answer would depend on what the cases are about such is it a restraining order in civil court but an assault charge in criminal court, or it could be a restitution case in civil case for taking merchandise and a shoplifting charge in criminal court. See the problem everything depends on what... View More
answered on Dec 18, 2022
It Depends, but in General, if you are charged with 39:4-197 a first offense is punishable with a fine of $250 and subsequent offense generally has a fine of at least $250 and up to 90 days of community service and you will generally get that community service in most courts.
We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... View More
answered on Dec 16, 2022
First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... View More
Criminal Identity Theft
Defamation
answered on Dec 15, 2022
To fight the DWI you will need a DWI lawyer. When you find out who used your name you will need a civil litigation lawyer to sue that person. Most of us DWI lawyers offer a free in office consultation during normal business hours.
The trooper did not have his lights on and was pulled onto the shoulder and gave my son a ticket for failing to change lanes for emergency vehicle. He stated my son had a big truck and if someone was on the side of the road fixing their tire he would’ve hit them. My son states he was only... View More
answered on Dec 10, 2022
Yes you can fight any ticket and no a cop does not have to have a light on to track you or pull you over in the State of New Jersey. As for your question about your ticket we would need to know the summons number to properly answer your question but in generally failure to pull over to an... View More
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.
