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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: recently got into a fight with a delivery driver who was on a delivery i was wondering if i could get any extra charges

i had previously tried to fight him before he’s also 22 and i’m 17

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

Generally its the same as hitting any other person, but that can depend such as hitting a postal worker can be a federal offense which of course is much worse than a state offense.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I apply for a permit to purchase a handgun in New Jersey if my husband is a felon (conviction was for arson in 1986)

I have no arrest record or anything but I know he’s not allowed to possess a handgun just not sure if I can legally

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

You can apply but that does not mean that you will get it. However, more information would bee needed to answer your question, I suggest you speak with a lawyer if you want a gun to see how you can give yourself the best shot (no pun intended) to get the permit.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I ride my dirt bike on the shoulder of the road?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 11, 2020

The side of the road is still the road so I think you know the answer so make sure your bike is properly licensed to be on the road or any part of it..

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1 Answer | Asked in Criminal Law for New Jersey on
Q: If someone is arrested at 19 and sentenced at 22 for first degree robbery at 45 years under 85% N.E.R.A, does....

.... "Earn your way out act" change the parole date?

Regards

Fabienne

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 8, 2020

His original attorney would be the best one to ask as they know his case and how it would apply a new attorney would have to get up to speed on the case.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can you be charged with theft by unlawful taking in NJ if the property at issue is marital property?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 7, 2020

That would depend. A lot more questions need to be answered such as are are you temporarily separated is their divorce proceedings going on right now etcetera etcetera. Definitely get yourself a good lawyer most of us offer a free in office consultation if you are charged with an offense.

1 Answer | Asked in Criminal Law for New Jersey on
Q: If the narrative section of a criminal summons doesn't say "in violation of 2C etc" is it valid?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 6, 2020

We would need to see the complaint, but generally yes its valid, you are informed of exactly your charge when you go for your first court appearance. If you have any 2C charge, I suggest you immediately hire a good lawyer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Female is 20 years old and is being molested by a man who is 34 years old. Man says he wants to be sexually activew.her

He’s a 34 years old man and manipulates me in order so I can do whatever he wants. I need legal assistance since at this point I just don’t know what to do and the police in my county I got patience and expects something worst to happen until something worst happens. However, not he just did... View More

James A. Abate
James A. Abate
answered on Jun 1, 2020

By all means if he is threatening someone with a gun police should be taking action. It sounds as if you would qualify for a temporary restraining order. It would be useful to consult with an attorney. If you cannot afford one contact North West Legal Services which provides legal assistance and... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: If a person is in prison for 10years but has to do 85% of that time. 8years and 6 months how can they be home in 2020

They went in 2014 and 2020 they say they are coming home. And the charges are Arm Robbery. How is that 85% of their time.

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 30, 2020

A lot of people near the end of their sentence were released early due to covid-19

1 Answer | Asked in Criminal Law for New Jersey on
Q: what is the punishment for Section 2C:20-11B(1)

$2.78 of merchandise was taken

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

If this happened in NJ the penalties would be up to 180 days in jail, 10 days community service and up to $1000 fine and a criminal record. I suggest that you set up one of the free in office consultations that most of us criminal lawyers offer. A good lawyer may be able to make this go away.... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is it robbery if the person tries to steal a cell phone from you but you fight back and don’t let them take the phone?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 21, 2020

More information would be needed to be known to properly answer your question. However robbery generally includes a threat of force or actual Force used. Theft does not require that force to be used just the unlawful taking of control of someone else's property.

2 Answers | Asked in Criminal Law for New Jersey on
Q: What is the penalty for charges 2C:36-2 and 39:4-34? They are both first-time offenses.
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 19, 2020

The 2C charge is a criminal charge has up to 180 days in jail and a thousand-dollar fine and probation. The other charge in general has a $54 fine and possible community service. G

Thus because of these penalties I suggest you call one of us lawyers and set up one of the free in office...
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2 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Can a detective from one town obtain a search warrant and execute the warrant in another town?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 18, 2020

The answer and short is yes but an attorney would need to read the warrant to see if it's valid

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is N.J.S.A 2C:14-3B expungeable?. Was not a minor. Just a vindictive ex wife and she dropped charges but state pickd up
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 15, 2020

Generally yes, as you did hit on the major exception a minor, but an attorney would need to know all the information about the case to determine eligibility. Setup a consultation with an experienced criminal lawyer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Also if you denied your residence for parole for an inmate, but changed your mind after reviewing and considering can

Can your address still be used? Meaning I denied to the investigator the first time around because I needed time to think about it. Now I made my mind up and am allowing my residence to be used. Can it still be used or no because it was denied the first time?

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

You can certainly tell this to the parole board but they may consider your first request as being the most relevant

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I travel to Florida without having to register under Megan’s law

I have a charge of possession of cp in New Jersey however I am not required to register under Megan’s law. I am currently on probation and my probation officer has to give me a travel permit to be out of the state more then 24 hours. Last time I went to Florida she got a call while I was there... View More

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

We would need to see the original paperwork for your plea to answer this question properly. BUT each state also has its own laws so maybe you need to register in FLA even if you don't need to register in NJ.

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1 Answer | Asked in Criminal Law and Foreclosure for New Jersey on
Q: I own a home and I'm on the title but my partner holds the mortgage. I give him a check every month for half.

The memo states for mortgage with (bank name and address of property). He was cashing the checks and never paid the mortgage unbeknownst to me. I am now in forclosure. Can I sue for fraud?

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 1, 2020

Yes you can try to sue him for fraud, however you posted this question under criminal law and it may be a civil case not a criminal case, but more information would be needed to be known to determine this. Hire a good lawyer to determine your best options.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I am a PA resident and would like to know the laws & restrictions of traveling with 10+ round magazines.

I am selling some 15-round (in a 30-round body) AR-15 magazines to a NJ police officer (as far as I'm aware, LEOs are legally allowed to own 15-round magazines). I'd be traveling from PA into NJ and simply need to know whether it would be legal for me to transport them, and also to... View More

James A. Abate
James A. Abate
answered on Apr 29, 2020

You would be best served retaining counsel to provide you with a well reasoned answer before committing yourself to a potential State Prison sentence. This is not something you should be obtaining from a message board.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Constitutional Law for New Jersey on
Q: Can I get a Disorderly conduct plea taken off my record or fully sealed or expunged, this conviction was IN NY.

I was arrested 10 years ago In NY when I was 22 , and i understand my conviction was conditional discharge, I wanted to know if there is anyway I can get it expunged or pardoned in any way, I have noticed that I have applied for many govt jobs and have been turned down do to my criminal background,... View More

James A. Abate
James A. Abate
answered on Apr 22, 2020

This has been posted to the New Jersey forum. you will need to ask lawyers in New York.

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1 Answer | Asked in Criminal Law, Traffic Tickets and Federal Crimes for New Jersey on
Q: If I had permission to borrow a car 2 months ago & returned it same day can a person press charges

I had permission to borrow a car about two months ago. The person gave me the key and I brought the car back right away when I was done. Now they are made at me for other reasons and are threatening to press charges on me for the time I borrowed the car out of spite. Can they?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 18, 2020

It would be hard for them to prove the case this far out. If they went to the police while the car was gone then they would have a good case. But anyone can file charges the question is can they win. If charged get a good lawyer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: My supervisor/ significant other threatened a TRO against me. How will I know if they have gone through with it?

My supervisor at work is also who I am seeing romantically and have been for the last 4 years. He constantly holds the job/ relationship over my head if I do something that upsets him. We got into a disagreement on Monday of this week and he threatened to get a temporary restraining order against... View More

Richard Diamond
Richard Diamond
answered on Apr 20, 2020

To begin with, I would contact your local police department and let them know that your boos / romantic partner has threatened to file a domestic violence complaint against you and you wanted to know if he followed through on his threat. If he did, a copy of that complaint would have been sent to... View More

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