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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: My husband is being held on a theft charge out of pa in the state of nj. Can a judge release him from nj jail?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 1, 2020

Yes but generally that will need to be a Pennsylvania judge. Speak with an attorney because unfortunately we don't know any facts of this case to give you a certain answer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I signed a plea deal to a fourth degree. Judge signed problem is their no fourth degree illegal wire taping charge

The cops charged it right on the green sheet

Awaiting sentencing. My attorney told me i hade to resign my plea i asked why he said their was a typo i asked where. I am now pro.say. until i find a attorney

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 26, 2020

I think you are on the right track you need to find another attorney. We are not supposed to give specific legal advise on this site. I suggest that you setup a 2nd opinion consultation with a lawyer, it may cost a few bucks for the lawyers time, but it may be well worth it for you.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Whats the difference between charges 2C:35-10A(4) and 2C:36-2
Paul Ferrell Jr
Paul Ferrell Jr
answered on Oct 22, 2020

The first makes it a disorderly offense to possess marijuana and the second outlaws possession of drug paraphernalia- such as hypodermic needles and marijuana smoking pipes . Both are disorderly offenses.

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: Can I get arrested if my parent forces me to take and buy drugs?

So basically my mom made me buy/take street xanax. So she gave me money for me to buy the xanax and she told me what to ask for and when and how much. When i did find someone who had it and i told my mom about that and showed her what the person was saying. “i” (my mother) said yeah i’ll buy... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 22, 2020

Yes you can get arrested as you are committing a crime and so is your mother. The same as if your mother asked you to shoot a gun at a person, just because someone told you to do it, does that mean that you have to listen or that you have immunity from prosecution. By the way it is a crime for... View More

2 Answers | Asked in Contracts, Criminal Law, Elder Law, Estate Planning and Probate for New Jersey on
Q: Lawyer drafted a trust, will and POA document. Less than two years later POA/Trustee is being taken to court by benefici

Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 19, 2020

You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: My fiance is being held in county jail waiting for a detention hearing. They wrote the wrong date on the paperwork

They forgot to take into account the holiday. Can he demand to be seen today?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 13, 2020

Yes he can ask to be seen today, Generally you do get to be seen the next business day, but it depends on how busy the court is being we are still in a pandemic.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I’m out on pretrial awaiting court. During this time I got into a fight and am now being extorted or else they’ll charge

Extorted for money to fix the damages made to his car during the fight between me and him. The fight occurred 3 days ago. Can he still file a report and can I still get in trouble? Or will he for extorting me if I go to the police first

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 12, 2020

Much more information is needed to properly answer your question. I suggest that you setup an in office consultation with a lawyer. Note that it is not extortion to ask someone to pay for your damages the other caused and anyone has the right to go to the police if they feel a crime has been... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Application question asks "Have you ever been convicted of a felony" and, if so, "Explain your felony conviction".

Daughter who does have some judgments against her that are marked 'DP' in the degree block of her "Judgment of Conviction" form. The 'DP' I believe refers to 'disorderly person'. That is not a felony, correct?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 11, 2020

Bring your form to a lawyer to determine the correct answer, the problem is that a DP offense can go on your CCH where some organizations may consider it the same as a felony.

2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for New Jersey on
Q: Can a member of a NJ LLC without an operating agreement authorize the sale of real estate without consent ?

A member (35%) ownership wanted to sell an income producing property. The member gave power of atty to their son who put the property on the market with a licensed real estate agent. The other members each owning 34.5 % each (65% total) were opposed. There wan never a meeting in person or over... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 9, 2020

Without a court order if the other parties disagree this would be improper. The other 2 members should definitely get a lawyer to protect their rights.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: In NJ can a passenger in a vehicle be held for a weapon that was not his more than a year? Then after

that year, can the actual owner of the vehicle be indicted for the same weapon?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 7, 2020

More than one person can possess a weapon and yes it is possible especially now with covid 19 that a person can be held pre-trial for quite a long time, but the best person to ask this question is his lawyer as we know nothing about his/her case. You can always hire a lawyer to give you a second... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can the police arrest someone with a body warrant that isn't at residence that is being raided for drugs

Can that person be searched and then be stripped out on the street because first time the person was searched nothing was found on his persons

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 4, 2020

In general if person had a warrant for his arrest he/she can be arrested anywhere at any time and searched. That being said a lawyer should look into the circumstances he/she may not be the general case.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can the police strip a suspect out on the street after searching suspect and not finding anythingl
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 4, 2020

The answer depends on the facts of the case and why they were doing the search.

1 Answer | Asked in Criminal Law for New Jersey on
Q: what the NJ state law that would prohibit a person charged with a drug crime from working in the medical field.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 2, 2020

The law does not necessarily prevent a person with a conviction from a drug crime from working in the medical field, it just prevents/hinders/causes a problem for them from certain jobs in the medical field, such as a Doctor, Registered Nurse, Pharmacist etc. This however is the reason to always... View More

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My boyfriend has these charges (#1)2c:18-2a(1) (#2)2c-20-3a (#3)2c:-18-3b (#4)2c:-18-3b (#5) 2c:18-2a(1)

He is currently on probation, this will be his 3rd violation of probation. Is there any chance of him getting out ? If not, how many years is he facing?

James A. Abate
James A. Abate
answered on Sep 24, 2020

Third violation of probation, by commission of Burglary will invite a motion to remand to county jail. But he is presumed not guilty. It may be possible to avoid going to jail until trial. But he will need an experienced attorney and their work is cut out for them. On just the burglary alone he... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Defendant shot. State obtained a search warrant for ballistics. Search of car, found drugs in bucket in trunk.

Would appreciate some assistance (legal). If someone could reach out? MJC@CuellarLawFirm.com

James A. Abate
James A. Abate
answered on Sep 24, 2020

You need to have a consultation with a criminal lawyer. These are serious charges.

1 Answer | Asked in Criminal Law for New Jersey on
Q: If you are read your rights but they don't tell you you have in a right to an attorney, can the case be thrown out

I was read my rights prior to being interrogated but they did not tell me I have a right to an attorney for illegal advice. My question is can the case be thrown out on a technicality?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 14, 2020

Generally that won't lead to the case being thrown out but your statements made, may get thrown out if your lawyer can prove this.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Does handwriting analysis be used a burden of proof evidence in a domestic violence hearing?

I was served with a temporary restraining order, but my ex claims someone is sending her anonymous letters, it says in the (TPO) she thinks its me because the handwriting is similar, that all she has on the Temporary order, is that enough evidence for a final restraining order?

Richard Diamond
Richard Diamond
answered on Sep 11, 2020

This is a case where you need to sit down with an experienced family law attorney to review each of the allegations advanced against you in your ex's domestic violence complaint to determine what proofs are needed to respond to the claims / testimony needed and how best to present that... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can per b chargd ter thrtsgo to Sup Court and has a domestic violence charge and a t r o dismissed against them by judge

State decided to pick up the terroristic threat charges what happens

Richard Diamond
Richard Diamond
answered on Sep 2, 2020

If your question is whether a person can be charged with domestic violence and have a TRO entered against them, go before a superior court judge on the charges and have the court dismiss the charges - the answer is yes. A judge can take testimony from the parties and determine that the allegations... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Richard Diamond
Richard Diamond
answered on Aug 26, 2020

From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: In the state of New Jersey how long does the prosecution have to submit discovery to the defense.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 20, 2020

Speak with a lawyer about specifics for your case, BUT it depends on the case, and the court it is in. It is called pre-trial discovery so unless new evidence is found during the trial it should be presented to the defendants lawyer prior to the trial.

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