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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for New Jersey on
Q: Can a parole officer request email and password?

I'm currently on parole since 2021, and today my parole officer asked me for my email and email password to be recorded on a set of forms he had. I've never been asked for this information by any other parole officer, and there was no indication that refusing to provide it would result in... View More

Mark Cheser
Mark Cheser
answered on May 22, 2025

More information is needed. Can't say without kowing the conditons of parole or the reason for it. On pron crimes I k ow it is usually a conditon to monitor on line use.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: If I have a 3 day mental hospital evaluation is that considered a commitment? Does it bar me from buying a firearm?

I was 15. It was 25 years ago

Mark Cheser
Mark Cheser
answered on May 18, 2025

More onformationis needed. This is not my area of practice but I do not think it would be a bar. That said a chief of polie may think differently. I would think if rejected you could win an appeal of that ruling. I assume the evaluation did not label you. If it did that could be a different problem.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Facing court for auto theft as a minor, first offense, NJ

I am a 16-year-old facing a court date on May 30, 2025, for an auto theft charge in Edison, NJ, after my mom called the cops on me for taking her car. This is my first offense, and I haven't received any legal advice yet. My mom didn't press charges, and there are no other charges... View More

James L. Arrasmith
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answered on May 15, 2025

Since you're 16 and this is your first offense, your case will most likely be handled in New Jersey’s juvenile court system, which is designed to focus more on rehabilitation than punishment. Even though your mom didn’t press charges, once the police are involved and a report is filed, the... View More

5 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.

My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how... View More

Richard Diamond
Richard Diamond
answered on May 13, 2025

I presume that the police want to investigate an allegation of sexual impropriety by your son against your daughter's child (grandchild) and potentially, they are looking to criminally charge your son with an offense. Alternatively, based on the information provided, the police are planning to... View More

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1 Answer | Asked in Civil Rights, Criminal Law, Education Law and Personal Injury for New Jersey on
Q: Can I press charges for bullying-related assault? High school sports context.

I'm concerned about my son, a high school junior and honor student who plays varsity baseball. He has been experiencing ongoing bullying by teammates. Despite my previous discussions with the head varsity coach addressing incidents like being physically harassed and verbally abused (called fat... View More

James L. Arrasmith
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answered on May 14, 2025

Yes, what happened to your son could be considered assault under the law, especially if the ball was thrown with intent to cause harm. Even though it happened during a sports practice, there's a difference between normal gameplay and a deliberate act meant to injure someone. A swollen lip and... View More

2 Answers | Asked in Criminal Law and Personal Injury for New Jersey on
Q: Victim of assault seeking legal advice in NJ.

I was a victim of an assault in Englewood, NJ, where I suffered injuries and had to go to the hospital. I have already filed a police report and have security camera evidence of the incident. I am seeking legal advice on how to proceed, including potential charges or filing a lawsuit against the... View More

Mark Cheser
Mark Cheser
answered on May 8, 2025

More information is needed. Keep in contact with the police. If they do not file a charge ask why they are not filing. You can file a charge yourself if they do not at the town courthouse. It can be either a indictable crime (an assault under 2C:12-1, normally one of the "B" subsections,... View More

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2 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Personal Injury for New Jersey on
Q: Misuse of anti-theft app for stalking in NJ.

I am concerned about the misuse of a police-grade application with an anti-theft feature, which allows users to upload a vehicle's license plate to track and stalk individuals and their personal property. This misuse has resulted in verbal threats and physical assault after discovering the... View More

Mark Cheser
Mark Cheser
answered on May 5, 2025

More information is needed. If you are the victim of stalking call the cops. If you have a relationship wit the stalker that establishes an element for a TRO file that as well.

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2 Answers | Asked in Contracts, Criminal Law, Immigration Law and Civil Litigation for New Jersey on
Q: Legal steps to remove name from co-signed car loan due to misrepresentation of ex-partner's marital status.

I am in a complicated legal situation involving an ex-partner with whom I had a relationship for 2.5 years. During this period, I co-signed a car loan under the impression that he was divorced, as he claimed. However, I recently saw his U.S. citizenship paperwork indicating he is still married,... View More

Mark Cheser
Mark Cheser
answered on May 3, 2025

More information is needed. This is nota criminal law question and i am a criminal defense attorney. You need tospeak to a commercial law or business law attorney. My guess, a d that is all it can be, is that you would need to file a suit of sone kind based on the frudulent inducement. My guess is... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Clarification on 3-year flat sentence with 728 days credited for aggravated assault, including concurrent sentence.

I need clarification on what a 3-year flat sentence with 728 days credited means in a case of aggravated assault. The sentence is being served in prison, with another concurrent sentence involved. The individual was arrested in May 2022. How does the credited time affect the total time I will... View More

Mark Cheser
Mark Cheser
answered on Apr 29, 2025

More information is needed. Normally aggravated assault would not be a flat sentence. Some of the subsections are not covered by NERA (no early release requiring 85% served before parole) but most are. But assuming you are correct and the term is flat the earliest parole date is 9 months or around... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is a relationship with a 15-year-old and 19-year-old legal in NJ?

I would like to know about the legality of a relationship with an age gap of 3 years and 5 months between a 15-year-old and a 19-year-old. Specifically, are there any legal issues or consequences that could arise from this age difference?

James L. Arrasmith
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answered on Apr 13, 2025

In New Jersey, the age of consent for sexual activity is 16. citeturn0search4 This means that individuals aged 16 and older can legally engage in sexual activity with partners of any age. However, there are important exceptions to consider.

New Jersey's "Romeo and...
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2 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: Charged with possession but nothing found; search warrants not properly authorized.

I have been charged with possession of CDS, distribution, wandering, and possession on school grounds. However, nothing was found on me. During the process, the city police confiscated my girlfriend's car and executed a warrant to search my mother's home, but nothing was found at either... View More

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

You need to do the only thing you can do when you are charged with a crime: hire a lawyer. The State feels its so important that you have a lawyer they will even pay for one for you, called the public defender if you make 125% or less of the poverty level. If you can afford a lawyer set up one... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Does attempted murder charge in NJ require physical harm by accused?

In Passaic County, NJ, I am involved in a situation concerning charges of criminal attempt and homicide/murder under statute 2C:5-111X*1. There are two counts against me, and there are no witnesses available for testimony. No legal proceedings are currently underway, but there is a possibility of... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 8, 2025

The real question a lawyer would need to know is whether their a susbstantial step made to commit the crime. Speak with a lawyer this is an impossible question to answer as its not a simple yes or no and depends on the facts of the case.

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1 Answer | Asked in Divorce, Securities Law, White Collar Crime, Family Law and Criminal Law for New Jersey on
Q: Can I claim entitlement to stocks gifted during marriage after divorce 14 years ago in NJ?

I was divorced about 14 years ago, and we received a gift of stocks or investments from my ex-husband's grandmother when we got married. The issue of these assets was not raised during our divorce. I believe my ex-husband forged my signature to access these assets without my consent, but I... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s possible that you could still have a claim to the stocks or assets, but there are several factors to consider. First, the fact that the issue of these assets was not raised during the divorce can complicate things. Since the divorce was 14 years ago, the statute of limitations for making... View More

2 Answers | Asked in Consumer Law, Identity Theft, White Collar Crime and Criminal Law for New Jersey on
Q: How can I proceed legally after questionable job offer with financial transactions and lost bank access?

I was offered a job with Graceland Logistics, Inc for online chat support and provided a contract, which I received through Tik Tok. They requested personal and financial information, including my bank account details. Recently, they asked me to carry out transactions involving Apple Cash, bank... View More

Leonard R. Boyer
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answered on Apr 1, 2025

You are being scammed! No legitimate company does things that way. They also wanted you to Commit fraud and/or money laundering for them. Your desperation for a job is clouding your judgment. You should report this to the FBI.

Do not do something like this again! Not trying to be harsh,...
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2 Answers | Asked in Federal Crimes and Criminal Law for New Jersey on
Q: Validity of federal warrant for controlled delivery if recipient unaware of contents

I would like to know if a federal warrant for a controlled delivery is valid in the following scenario: An officer dressed as a postal worker left a package containing drugs at a house. The person who picked up the package is visually impaired and uses prescribed glasses. They brought the package... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 29, 2025

A lawyer would need all the facts of the case especially to see the wording of the warrant and its basis as its generally based on more than one factor, before we could give you an analysis of the validity of the warrant. Hire a lawyer or if you have one and question the advise given, hire another... View More

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1 Answer | Asked in Personal Injury and Criminal Law for New Jersey on
Q: Will my past affect my wife's personal injury case for brain trauma in New Jersey?

My wife sustained significant and permanent brain trauma due to another party's negligence shortly after we got married. I am concerned about whether my past addiction to pain medication, which was due to misleading information from a medical provider, and subsequent arrests might negatively... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your past challenges with addiction and arrests should not directly affect your wife’s personal injury case unless they are relevant to the specific issues at hand. Personal injury cases primarily focus on the facts surrounding the injury, such as the negligence of the other party and the damages... View More

1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for New Jersey on
Q: Arrested in NJ on charges, incarcerated for 3 months, released without paperwork. Charges disposed without reason, seeking advice on false imprisonment lawsuit.

I was arrested on December 14th, 2016, under charges 2C:15-1a(1), 2C:18-2b(1), and 2C:12-1.2(A). I was incarcerated for 3 months and released without any paperwork or explanation. The charges were disposed of with no reason given. I believe this may be a case of false imprisonment and want to know... View More

James L. Arrasmith
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answered on Mar 26, 2025

Your situation involving arrest, incarceration, and release without documentation is concerning. Since this happened in 2016, you should quickly determine if you're still within New Jersey's statute of limitations for false imprisonment claims, which typically ranges from two to six years... View More

4 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can I get domestic violence charges dropped in NJ?

I am being charged with domestic violence after a dispute with my fiancé that escalated, and I am not entirely sure of the exact charges. There was one witness to the incident, and there have been previous instances where the police were called due to my fiancé acting out of control. My fiancé... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2025

The witness really complicates things, but the best way to make sure he gets the best result is to make sure both of you have attorneys. I know you may say only he needs an attorney but this is a false premise, as many people think the prosecutor represents the victim but they don't. The... View More

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1 Answer | Asked in Traffic Tickets and Criminal Law for New Jersey on
Q: Consequences for non-compliance with NJ learner permit?

I was pulled over in New Jersey for non-compliance with a special learner permit due to having no adult supervision in the vehicle. I received a speeding warning but was not cited for speeding. The officer mentioned that I might need to appear in court, although he was unsure. What are the... View More

James L. Arrasmith
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answered on Apr 12, 2025

In New Jersey, operating a vehicle under a special learner's permit without the required adult supervision is considered a violation of the Graduated Driver License (GDL) restrictions. For a first offense, you may face a fine of $100.

While the officer issued a warning and mentioned a...
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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for New Jersey on
Q: Can I appeal an Appellate Division's "Vacate and Remand" decision in NJ?

In New Jersey, can I appeal an Appellate Division's "Vacate and Remand" decision to the NJ Supreme Court? My case involves a criminal matter where the trial court initially granted my motion to suppress based on arguments that the warrant was invalid and there was no effective... View More

Leonard R. Boyer
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answered on Mar 20, 2025

There is no automatic right to appeal a case to the New Jersey Supreme Court. You would also need to retain a very experienced attorney who regularly practices before the New Jersey Supreme Court. This will be a very expensive process. Good luck.

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