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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: If the cops bring a dog to sniff your car, is that probable cause for them to go in the car?

I was arrested for pills I wasn’t in my vehicle. But they took my car I went to jail got released and 3weeks later they put a warrant out for my arrest. But I still go to probation. And when I called the public defender office to get information on the warrant but they said it’s not in the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 28, 2023

Yes in general the positive sniff by the dog would give them probable cause to search your vehicle, but everything is fact dependent and your lawyer would need to review the discovery to give you a certain answer so speak with and hire a lawyer if you are charged or think you will be charged.... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Generally speaking. What will an expungement cost for a 20 year old Harassment charge I pled guilty too? Thanks
Michael A. Smolensky
Michael A. Smolensky
answered on Nov 28, 2023

This is an excellent question. And I t seems to me the answer will require calling and meeting various attorneys to find out the answer.

One might ask about each attorney’s experience with expungements because this will presumably weigh in one’s decision to retain the attorney....
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0 Answers | Asked in Criminal Law and Child Custody for New Jersey on
Q: is possible for my parents to go ti jail if i’m still in contact with the person i gave consent to but in 14 and he’s 16

and age of consent is 16, and wondering if i’m able to still talk to him

1 Answer | Asked in Criminal Law for New Jersey on
Q: Municipal Court Appeals in NJ

Hi, Goodnight! I filed a post-judgment motion (for new trial) in municipal court. I also want to appeal the decision in Superior Court. Do I have to wait until the motion in the municipal court is done or can I do both at the same time?

James A. Abate
James A. Abate
answered on Nov 17, 2023

An Appeal must be filled within 20 days. I cant tell you whether a PCR motion is even proper in your case. I recommend you proceed with counsel.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is wife responsible for incarcerated husband's lawyer fees in New Jersey?
James L. Arrasmith
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answered on Nov 12, 2023

In New Jersey, a wife is generally not responsible for covering her incarcerated husband's legal fees and criminal defense costs. There are a few reasons why:

First, marriage does not make one spouse liable for the other's debts and obligations under New Jersey law. Spouses...
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0 Answers | Asked in Criminal Law, Civil Litigation, Communications Law and Libel & Slander for New Jersey on
Q: In NJ would it be legal under NJSA 2A:156A-3, 4 to record a conversation you are not a part of but is about you?

If two people are having a conversation on a sidewalk outside your house (which is public property/use) in which you are not a part of, but where they are discussing you and your personal matters then is it legal under the above statute and Federal law?

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: I have received a ticket of DID UNLAWFULLY PARK OPERATE A. 39:3-54.13 emergency warning light violation. What is mean?

What can happen to me?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 2, 2023

It means your accused of unlawfully using emergency lights, such as a flashing blue or red or yellow light. In general it carries a fine between $100 to $200 imposed by the court, but if you have a mandatory court appearance you may want to hire a lawyer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: How do I win this case?

Need to fight certain persons charge- ghost gun

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 24, 2023

Gun charges are always the hardest to win as the State will put the most resources in them. I suggest hiring a good criminal lawyer to give you the best chance of winning.

1 Answer | Asked in Criminal Law, Personal Injury and Constitutional Law for New Jersey on
Q: What are the firearm guidelines to protecting yourself and family in a NJ home invasion?

It is very hard to stay calm and think correctly in a home invasion given several factors: emotions, fear, not knowing the robber(s) intent to harm, kill, rape or kidnap, and the element of surprise is on their side to conquer. You don't know if they have weapons on them: knife, mace, gun, and... View More

James L. Arrasmith
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answered on Nov 5, 2023

In New Jersey, the use of force in self-defense, including deadly force, is generally permissible when you reasonably believe such force is necessary to protect yourself or others from imminent harm. The state's laws allow for the use of force in your home under the "Castle... View More

3 Answers | Asked in Criminal Law for New Jersey on
Q: Why do I have a post indicted arraignment when I haven’t been indicted yet ?

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.

Michael A. Smolensky
Michael A. Smolensky
answered on Sep 23, 2023

Mistakes can certainly happen. Ordinarily, however, the Superior Court does not schedule the Arraignment until an indictment has been filed. Presumably you were either appointed an attorney through the Office of the Public Defender or you have retained private counsel. Therefore, either of them... View More

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1 Answer | Asked in Criminal Law and Communications Law for New Jersey on
Q: I was arrested on a bogus 911 call they have a warrant to see if anything on my phone was pinged back to me.

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

H. Scott Aalsberg
H. Scott Aalsberg
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

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is supervised parole under NJ NERA the same as standard parole for inmates being released
T. Augustus Claus
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answered on Aug 29, 2023

No, supervised parole under New Jersey's No Early Release Act (NERA) is not the same as standard parole for inmates being released. NERA is a law that requires certain offenders to serve a specific percentage of their sentence before becoming eligible for parole. Offenders subject to NERA must... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is it has been over 10years that the father has committed crime

A sibling is 32 years old and she filed a restraining order that the father broke. She filed the retraining order and informed officers about sexual assault when she was younger. He sexual assaulted her from ages 5- 21. She finally spoke up after 11 years. She is now 32 years old. And now he is in... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 27, 2023

Unfortunately these types of crimes have no statute of limitations so they can even prosecute you 40 years later such as what they have done with many priests. The problem is this is one persons word against another, thus make sure he gets a great lawyer as its only chance of staying out of jail... View More

1 Answer | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: I pleaded out to up to 90 days and probation for restraining arrest and invitation of prissy what do you think will happ
T. Augustus Claus
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answered on Aug 24, 2023

In New Jersey, if you have pleaded out to a sentence of up to 90 days in jail and probation for charges of resisting arrest and obstruction of justice, the exact outcome can depend on various factors including your prior criminal history, the circumstances of the case, and the discretion of the... View More

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: What is probable cause for a cop to search your car and make you perform a field sobriety test

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

H. Scott Aalsberg
H. Scott Aalsberg
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.

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How long do you have to wait for while a cop is “trying to get a k9”
T. Augustus Claus
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answered on Aug 11, 2023

The amount of time a police officer can wait to call in a K-9 unit during a traffic stop can vary based on the specific circumstances and laws in your jurisdiction. Generally, officers must have a reasonable suspicion or probable cause to believe that there's illegal activity or contraband in... View More

2 Answers | Asked in Car Accidents and Criminal Law for New Jersey on
Q: Hello, someone hit a parked car while pulling out and thought there was no damage. He now has a court appointment.

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

H. Scott Aalsberg
H. Scott Aalsberg
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

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1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: If I am riding my motorcycle and someone tries to take my keys by force, am I allowed to use force to defend myself?

This is simply out of curiosity based on a video I saw today.

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 27, 2023

New Jersey law recognizes defense of oneself as justification for conduct that would otherwise be considered criminal. One thing that many people seemingly fail to realize, however, is self-defense is not self-executing. This means that a person can be charged, for example, with assault even if he... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Copy of Arrest Record

Can an attorney help me get a copy of an arrest record from an agency that has been unresponsive?

T. Augustus Claus
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answered on Jul 25, 2023

Yes, an attorney can be of assistance in obtaining a copy of your arrest record from an agency that has been unresponsive

3 Answers | Asked in Personal Injury and Criminal Law for New Jersey on
Q: I'm having charges pressed against me after my drunk "friend" fell and hit her head. Do I have a case?

My friend and I were at Applebee's when she had 2 double shots of tequila and a Margherita. As I was walking her out of Applebee's and to my car, I had to adjust my grip (I was helping her walk) when she fell and hit her head on the sidewalk. She's now saying I assaulted her. Help me please!

Leonard R. Boyer
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answered on Jul 19, 2023

If this happened in New Jersey, and a complaint was filed against you for a Temporary Restraining Order, then you really need to retain and experienced matrimonial attorney with extensive domestic violence trial experience. If there are also separate charges against you for assault in municipal or... View More

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