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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for New Jersey on
Q: Do I need to expunge my mental health record to apply for an FID in NJ after hospitalization in PA?

I voluntarily admitted myself for mental health treatment in a Pennsylvania hospital back in 2009. Since then, I have not had any mental health issues, nor have I sought any professional care. I would like to apply for a Firearm Identification (FID) card in New Jersey. Do I need to have my mental... View More

James L. Arrasmith
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answered on Nov 5, 2025

You do not face a federal firearms prohibition for a past voluntary psychiatric hospitalization; federal law bars only those adjudicated as mentally defective or involuntarily committed. A voluntary admission is expressly excluded from the federal definition of being “committed to a mental... View More

Q: What can I do if a denied custodial aunt interferes with custody?

I am facing a difficult situation with my children's aunt, who was denied custody but continues to interfere with established custody arrangements. She has blocked my number, lied about me, and forged documents, including a false protection order. I'm hesitant to file charges against her... View More

James L. Arrasmith
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answered on Nov 5, 2025

It sounds like you’re in a very painful and unfair situation, especially when someone who was denied custody continues to interfere with your children’s stability. When a non-custodial relative takes actions like forging documents, making false reports, or obstructing communication, it becomes... View More

2 Answers | Asked in Criminal Law, Car Accidents and Personal Injury for New Jersey on
Q: Can I be charged for leaving a scene with no injury or damage in NJ?

In New Jersey, I was involved in an incident in a private parking lot where my neighbors accused me of leaving the scene of an accident. There was no injury, property damage, or death involved. The situation escalated when my neighbors threatened to fight me and blocked me into a parking space,... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 2, 2025

The governing statute 39:4-129 requires proof of only two hundred fifty dollars ($250.00) in property damage to give a presumption of knowledge of the accident. Upon conviction, the defendant is subject to a potential sentence of up to thirty (30) days of incarceration and a six (6) month... View More

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1 Answer | Asked in Criminal Law and Employment Law for New Jersey on
Q: Is off-duty use of kratom legal for a CDL driver in New Jersey?

I am a CDL driver and would like to know about the legality of using kratom while off-duty in New Jersey. Specifically, I am referring to personal use when I am not on my employer's property or on the road. Are there any legal concerns or regulations I should be aware of in this context?

James L. Arrasmith
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answered on Nov 1, 2025

As of November 1, 2025, you may lawfully possess and use kratom in New Jersey while off‑duty; multiple bills (including “CJ’s Law” and a proposed Kratom Consumer Protection Act) have been introduced and even moved in committee, but none has become statewide law.

At the federal...
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Q: Can an MSA be vacated if a spouse filed taxes without consent?

In 2022, I discovered that my tax filings were rejected because my ex-husband filed them without my knowledge, forging my signature. The IRS advised me to file for identity theft, not for innocent spouse relief. Can the false component of this filing be sufficient to vacate a Marital Settlement... View More

Richard Diamond
Richard Diamond
answered on Oct 30, 2025

1st question is when did you discover that your ex filed the joint tax returns

2. what financial harm occurred to you as a result of the joint tax filing

3. what did the settlement agreement say about the joint vs separate tax filing for that year - were you to file separately or...
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2 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How to safely retrieve a seized phone after denying police search consent?

I was detained by police after a freak accident occurred at a fraternity house where a fellow pledge was electrocuted by an exposed circuit. Those of us present were taken to the station for questioning, during which our phones were seized. I explained the situation and denied consent for the... View More

James A. Abate
James A. Abate
answered on Oct 30, 2025

You state that you prioritize legal safety, yet you just admitted in a public forum that there is evidence on the phone. This may be used to obtain a warrant to search the phone. Do not post anything confidential online and hire an criminal attorney asap.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can a manslaughter conviction in NJ be expunged after 20 years without further convictions?

Is it possible for a manslaughter conviction in New Jersey to be expunged after more than 20 years if there have been no subsequent convictions or legal issues?

James L. Arrasmith
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answered on Oct 27, 2025

No—New Jersey law bars expungement of a manslaughter conviction, even after 20 years without any new offenses. Under N.J.S.A. 2C:52‑2(b), criminal‑homicide convictions are ineligible for expungement, and manslaughter is a form of criminal homicide.

The statute carves out only two...
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1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Can I own a gun if someone in my household has a restraining order?

I live in a home owned by someone who has a restraining order against them and therefore cannot own a gun. I would like to know if I am allowed to own and keep a gun in the house for personal protection. Are there any legal restrictions I should be aware of in this situation?

James L. Arrasmith
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answered on Oct 11, 2025

Owning a gun while living with someone who has a restraining order can be legally complicated. Federal law prohibits the person under the restraining order from possessing or having access to firearms, but it doesn’t automatically prevent other household members from owning guns. The main concern... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is it legal for an 18-year-old to date a 15-year-old in New Jersey without sexual contact?

I'm 18 years old and want to know whether it's legally permissible for me to date a 15-year-old without engaging in any sexual activities. My mother's concerned and claims it's illegal regardless of sexual contact. There are no existing legal restrictions or protective orders.... View More

James L. Arrasmith
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answered on Oct 10, 2025

It’s understandable that you want clarity — the laws around age differences can be confusing and cause concern, especially when emotions are involved. In New Jersey, there’s no law that makes it illegal for two people of those ages to “date” in a non-sexual way. Dating itself isn’t a... View More

1 Answer | Asked in White Collar Crime, Civil Litigation and Criminal Law for New Jersey on
Q: How can I file a motion to vacate a final default judgment to reclaim forfeited funds after charges were dismissed?

I had charges for money laundering dismissed on August 31, 2024, five years after the original final default judgment for forfeiture. The forfeited funds totaled $25,000, and the default judgment occurred while I was incarcerated, which hindered my ability to contest it. I have documentation of the... View More

James L. Arrasmith
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answered on Oct 8, 2025

It’s understandable that you want to recover those funds, especially now that the charges tied to them have been dismissed. In situations like this, you can request that the court **vacate or set aside the default judgment** under the rules that apply to civil forfeiture cases. Since the... View More

1 Answer | Asked in Criminal Law and Civil Litigation for New Jersey on
Q: Accusation of theft by father via Zelle without written consent, facing legal concerns.

I am being accused by my dad of stealing over $5,000 via Zelle, even though he verbally consented to the transaction while he was hospitalized. I have witnesses who can confirm he often wasn't aware of his financial dealings. We've always had a trusting relationship, but now he’s... View More

James L. Arrasmith
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answered on Oct 6, 2025

It’s understandable that you’re worried, especially when family and money are involved. Even though your father verbally consented to the transaction, the lack of written proof could make this situation legally complicated if he now claims otherwise. Since a report was filed, the police may... View More

1 Answer | Asked in Criminal Law and Civil Litigation for New Jersey on
Q: Acquittal context for retaliatory assault against stalker in NJ.

I'm seeking information on cases where an individual is suspected of retaliating against a stalker by committing an assault. In this situation, a friend of a stalking victim has been charged with second-degree assault for allegedly taking revenge on the stalker. Police reports and complaints... View More

James L. Arrasmith
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answered on Oct 6, 2025

In New Jersey, an acquittal in a retaliatory assault case often depends on proving **lack of intent**, **self-defense**, or **defense of another** rather than revenge. Courts generally view any act of retaliation, even against a known stalker, as separate from lawful self-defense because the threat... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Banking for New Jersey on
Q: Accused of taking $5,000 via Zelle after verbal consent. What legal risks do I face?

My father is accusing me of stealing over $5,000 via Zelle from his bank account, despite verbally consenting to the transaction around three months ago. There are witnesses who can attest to his typical unawareness regarding his finances. On September 28, I heard a report was filed, but I have not... View More

James L. Arrasmith
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answered on Oct 4, 2025

You’re in a stressful position, and it’s understandable to feel uneasy about what could happen next. Since your father filed a report, law enforcement may eventually reach out to you for a statement. Even though you say he gave verbal consent, without written proof or messages showing... View More

1 Answer | Asked in Criminal Law and Civil Litigation for New Jersey on
Q: Accused of stealing through Zelle, claimed verbal consent, no formal actions yet.

My dad is accusing me of stealing over $5,000 through Zelle from his bank account, although he verbally gave me consent at the time of the transaction, which was about three months ago. Unfortunately, I don't have any written proof of his consent, only multiple witnesses who can attest to his... View More

James L. Arrasmith
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answered on Oct 4, 2025

Accused of stealing through Zelle, claimed verbal consent, no formal actions yet.

My dad is accusing me of stealing over $5,000 through Zelle from his bank account, although he verbally gave me consent at the time of the transaction, which was about three months ago. Unfortunately, I...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Jersey on
Q: Lack of legal representation in NJ criminal court proceedings; possible civil rights and constitutional violations.

I was a criminal defendant in the Superior Court of New Jersey who appeared at a scheduled court hearing without being afforded legal representation. During these formal criminal court proceedings, I was not provided an attorney or any legal counsel, nor was any criminal defense attorney present to... View More

James L. Arrasmith
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answered on Oct 3, 2025

What you describe raises very serious concerns. Under the Sixth Amendment of the U.S. Constitution, you have the right to be represented by counsel in criminal proceedings, particularly during any stage where evidence or testimony is presented against you. If you were denied an attorney during... View More

1 Answer | Asked in Criminal Law, Banking and Contracts for New Jersey on
Q: Accused of stealing $5,000 via Zelle by father; consent issue.

I've never been in trouble with the law, but my father is accusing me of stealing $5,000 from his bank account using Zelle. He saw the transactions on his bank statement, but he had given me verbal consent, which someone else can confirm. Now he's claiming he didn't consent and might... View More

James L. Arrasmith
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answered on Oct 3, 2025

This is a stressful situation, and it’s good that you’re thinking ahead about the possible outcomes. If your father has reported this to law enforcement, an investigation could begin, but that doesn’t necessarily mean you will be arrested right away. Investigators would first look at the... View More

3 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: Penalties for simple assault in NJ domestic violence case involving spouse with slight injury and no prior incidents.

In a New Jersey domestic violence case involving a spouse, what are the usual penalties for simple assault when there is slight bodily injury and no restraining order in place? Also, what could be the legal outcomes if there are no prior incidents?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 3, 2025

Slight pesonally injuries means you have been charged correctly with simple assault. Simple assault carries up to $1000 fine and 180 days in jail unless you were both in a mutual scuffle. If your a first time offender you could probably avoid jail with a good lawyer, but everything depends on the... View More

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1 Answer | Asked in Criminal Law, Libel & Slander, Banking and Personal Injury for New Jersey on
Q: Will I be notified or arrested for alleged Zelle theft from a family member?

I was informed that a police report was filed against me on September 28th for allegedly stealing money from my dad’s bank account using Zelle. There’s also a Facebook post suggesting this. However, I haven't been contacted by the police, received any notice, or been questioned. It's... View More

James L. Arrasmith
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answered on Oct 3, 2025

If a police report has been filed against you, that does not automatically mean you will be arrested right away. In most cases, law enforcement would first investigate the claim, which could include contacting you for a statement, reviewing bank records, and speaking with witnesses. Whether you are... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can a felon own an airsoft or BB gun in New Jersey?

I have several drug-related felonies in New Jersey, but none involve violence. I'm not currently under probation or parole. I'm aware that, as a felon, I can't own a handgun or assault rifle. However, I'm interested in possibly owning an airsoft rifle or BB gun. I previously... View More

James L. Arrasmith
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answered on Oct 2, 2025

In New Jersey, the laws around BB guns and airsoft rifles are stricter than in many other states. The state treats BB guns, pellet guns, and airsoft guns as firearms under its criminal code, which means they are regulated almost the same way as traditional firearms. Because of this classification,... View More

3 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Received a hit and run ticket after reversing into a car in a parking lot.

I received a traffic ticket accusing me of a hit and run. I accidentally hit another car while reversing in a parking lot, but I got out of my vehicle, and the other driver said nothing at the time. Now, I am being accused of fleeing the scene. What should I do about this ticket and accusation?

Gerald D. Siegel
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answered on Oct 2, 2025

Speak with a lawyer and provide them with the circumstances. Leaving the scene involving property damage is a mandatory one-year loss of license. Perhaps the attorney can get that charge reduced to save your license.

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