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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: FRO, Criminal hearing question

I have a fro hearing on Mon and wanted to know if I sign off on the civil restraints after I already sent information regarding my injuries to the prosecutor that’s handling the criminal case this coming Wed, my ex-boyfriend (abuser) versus the state. Will my submission will be still able to be... View More

Leonard R. Boyer
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answered on Feb 9, 2025

The most important thing for you to do is ask the Court on Monday for you to retain an experienced matrimonial attorney and do not agree to anything. If you make some type of admission in Family Court (which is were your Domestic Violence case will take place) is different from what you told the... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: will my dad go to jail? or what can i do to help him not go to jail?

I recently called the cops on my dad (im 23) for head butting me i told the police it wasnt that serious and i just wanted them to calm the situation down & i didnt press charges or anything. i really dont want anything happening to my dad

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 5, 2025

Yes your dad could go to jail but the time would depend on what the actual charge is. That being said he is probably at least looking at 180 days in jail and probably more. If you want to help him make sure he hires a good lawyer to reduce or eliminate as much jail time as possible.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for New Jersey on
Q: Can my car be seized from my backyard w/o warrant or arrest nor pulled over two days after a crime was done next door

the facility was broken into next door and they seen that i was outside and walked passed the facility and left with my car but came back and they did this and have the audacity to put a charge on me for it w/o me ever being in there

James A. Abate
James A. Abate
answered on Jan 20, 2025

The police can seize the vehicle, but may not search without a warrant.

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: A police report was made against me. For theft and owing money. Which it was what the customer said. I had a shop

We went to court but since they were suin me for $16,000 they said it had to be moved to a different type of court. But outside of court we made a verbal agreement. I made a payment plan with customer and returned property. Case was resolved between us. Can that be a problem with immigration? Will... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 15, 2025

A lawyer would need to see all documentation in your case to properly answer your question. I sugget you setup a consultation with a good lawyer that knows immigration law. Lastly expect to pay for that attorneys time for the review and consultation most attorneys charge between $400 to $1500.00... View More

1 Answer | Asked in Criminal Law, Immigration Law and Traffic Tickets for New Jersey on
Q: I was cited for fictitious plates in NJ. It was a “no plea” case dismissed by prosecutors discretion.

In the eyes of immigration. When the day comes for me to renew my permanent residency or become a citizen. Will I have a problem? Will I get deported? Do I have a criminal record?

James L. Arrasmith
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answered on Jan 15, 2025

Having your case dismissed through prosecutorial discretion is positive news, as it means there was no conviction entered on your record. When a case is dismissed, it generally does not count as a criminal conviction that would affect your immigration status.

For immigration purposes, what...
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0 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: I received a summons to appear in court for 39:4-56.5 abandonment of a vehicle. Is this a misdemeanor, under moral terp.

My semi truck has license plate on it, stickers are up today date and registration. Can I be deported over this if I’m found guilty since I’m a permanent resident? Thank you for your time

1 Answer | Asked in Criminal Law for New Jersey on
Q: My Nephew who is 19 slept with a minor who is now claiming he raped her. He has a public defender. Is that ok?

this happed in cape may county nj

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 12, 2025

Many public defenders are good lawyers, the problem is due to their high work load many don't have the time to put in their clients case to get the best possible outcome that is why many people borrow money to hire a good private lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can I press criminal charges in NJ if someone texted me that I will soon be shot in the face?

My ex was very abusive during our relationship. Both physical and sexual most of which I have proof of. He is very irresponsible and we often have issues because of him saying he is going to do one thing and doesn’t do it. I filed two TROs against him. One I dropped because I couldn’t find a... View More

Richard Diamond
Richard Diamond
answered on Jan 13, 2025

From your submission, you already filed a domestic violence complaint against your ex for the recent text messages and presumably, the matter will go to trial, during which presumably your ex will attempt to use that text against you in trial. My suggestion is that you schedule a consultation with... View More

1 Answer | Asked in DUI / DWI and Criminal Law for New Jersey on
Q: Can you go to jail for violating 2C:20-10.1a?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 1, 2025

Yes generally 3 to 5 years of jail you would be looking at unless the car is valued at more than 75K or more than one car was stolen. In that case your looking at more time generally 5 to 10 years so make sure you hire a good lawyer, to have your best chance of avoiding that outcome. Many of us... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Health Care Law and Medical Malpractice for New Jersey on
Q: I had an adverse reaction to a spinal steroid injection. The ED,MH Doctors +screeners were informed of the date + Doctor

I informed them of recent less severe similar reactions to oral steroids I had even brought myself for evaluation 3 times prior only to be sent home. I explained the previous symptoms and provided the date and Doctor’s name (which was all in my chart). Not one MH Doctor, ED Doctor or MH screener... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're experiencing this difficult situation. Begin by collecting all your medical records, including details of the steroid injection, your adverse reactions, and any communications with the ED and mental health professionals. Make sure to document dates, times, and the names... View More

1 Answer | Asked in Consumer Law, Criminal Law and Identity Theft for New Jersey on
Q: I'm showing a lot of signs of being hacked and also having my personal information stolen and identity theft.

Have over 10 companies listed under my name, now have a new brother born 10 days before me that I know nothing about. Possible identity theft.

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

There are attorneys who specialize in this area of identity theft and privacy, but you await a response for a month. At this point, you could track your monthly statements and records closely to look for evidence of fraud or other irregularities. You could report the incidents to your banks, other... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for New Jersey on
Q: i spoke out in public against cannabis in town...local poice chuief threatened my free speach

cjhief impied i would be in troble for speakin..by him and the mayor..ihave letter from the chief

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're facing this situation. Protecting your right to speak freely is important, and you shouldn't have to feel threatened for expressing your opinions.

Start by keeping all records, including the letter from the chief, as they can be crucial if you decide to take...
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1 Answer | Asked in Criminal Law, Municipal Law and White Collar Crime for New Jersey on
Q: Is a search warrant that is not hand signed by a judge but rather has a judges named typed in the signature space valid?
Brad V. Shuttleworth
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answered on Oct 26, 2024

It's understandable why someone would question the validity of a search warrant without a judge's hand-drawn signature. However, search warrants now often only contain the typed name of the judge who issued the warrant because law enforcement officers are permitted to apply for a search... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Court documents states I was arrested however I never was. I went to expunge my records and a case came up saying I was

I went to that Courthouse and their saying they have no arrest for child tardiness. However the case number is saying I was arrested for child tardiness, however that never happened. I went to court for that particular case however it was dismissed. No one seems to know anything

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 14, 2024

Unfortunately a criminal charge filed against you even if it never actually resulted in a physical arrest can be considered an arrest and put on your record.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I need a good lawyer familiar with appeals and arguing motions
Tim Akpinar
Tim Akpinar
answered on Oct 23, 2024

An attorney who practices criminal defense could advise best, but you await a response for two weeks and time is of the essence when it comes to appeals. This is not my area of practice, but as a general guidance, it would be best not to lose further time - instead directing efforts to looking up... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Is clemency possible for a person convicted of two felony murders?
James L. Arrasmith
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answered on Oct 20, 2024

Clemency for someone convicted of two felony murders is possible, but it is extremely rare and challenging to obtain. The process involves petitioning the appropriate authorities, such as a governor or the president, depending on where the conviction occurred. It's important to understand that... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is the penalty for shoplifting in bloomfeild under 500$

2C:20-11b(1)

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 23, 2024

Its the same penalty in Bloomfield as in any other court in Essex County or even the whole state; Up to 18 months in Jail, $10,000 fine. and 10 days community service assuming it is a first offense. The community service requirement increases if you have priors. That being said other penalties... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was charged with simple assault, is it better for the victim to be there to ask for the case to be dismissed?

I was charged with simple assault and today is the arraignment, the complaint was made by the state not the victim. The even issued a warrant out for my arrest and I was incarcerated because of this, I’ve talked to some lawyers and they told me to plead not guilty, but would it make a difference... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 28, 2024

The answer is it depends on the court, prosecutor and judge you are dealing with some, Don't care what the victim wants and just want to protect the victim from possible future problems. Otherwise especially in more of the city courts tend to be more liberal and will follow the victims... View More

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for New Jersey on
Q: Can I get a 23 year old domestic off my record from Camden county New Jersey?
Leonard R. Boyer
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answered on Jul 17, 2024

What it appears that you are talking about is removing a Final Domestic Violence Restraining Order. That can be done by what is known is a Carfango Motion. A Carfagno motion is required to do this. The requirements are listed below. Final Restraining Orders can be lifted one of two ways – either... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: How do I go about retrieving money back from a wire fraud incident?

I was supposed to be doing business with someone by purchasing a vehicle. They supposedly had a escrow company that was set up to collect the funds and mediate the transaction. They took my funds and they did not give me the vehicle in exchange. When I reached out to the seller and the company... View More

James L. Arrasmith
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answered on Jul 21, 2024

To retrieve your money from a wire fraud incident, you should act quickly. First, contact your bank or financial institution immediately to report the fraud. They can initiate a recall of the wire transfer and provide guidance on the next steps.

Next, file a report with your local law...
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