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New Jersey Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for New Jersey on
Q: Has Supreme Court granted certiorari
H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 14, 2020

They have granted it many times on many cases.

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2 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for New Jersey on
Q: Hello I am reviewing the statute 39:4-97.5. I am struggling to understand it. Any chance you can provide an example?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 14, 2020

It came about because some towns enacted laws against cell phone use such as Marlboro NJ and this law made it so that the state law would be the controlling law.

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1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Is it okay for an 18 year old girl to be dating a 15 year old boy in New Jersey?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 3, 2020

Sex does not matter, age matters and if this gets sexual in any way it could be considered endangering a welfare of a minor.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New Jersey on
Q: My cousin went to jail and his charges are 2c39-4d, 2c39-5d, 2c5-1.A1 and 2c-11-3a(1) class1D

My question is: how long he can stay in jail bc of those charges?

Does he have any chance to be free If he pays a bond? How much can be a bond for those charges?

How much should be a good lawyer to defend him?

He is an illegal immigrant, can he be deported?

Thank you

Robert Roy Klein
Robert Roy Klein
answered on Apr 3, 2020

Just answering the immigration question. It depends on a lot of what happened and what comes out in the court proceedings. It's likely your cousin will serve time and then be deported.

1 Answer | Asked in Criminal Law for New Jersey on
Q: My cousin just went in jail, the charges are 2C:39-4D, 2C:39-5D,2C:5-1.A1 and 2C:11-3a(1) class 1D?

How long he can stay in jail bc of those charges?

how much will it cost for a lawyer to defend him according to these penalties?

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

Without knowing more information I would have to defer to the standard answer which is he will probably be doing a stint in jail if convicted because it's mandatory on these charges. I suggest hiring a good lawyer to see what if anything can be done to win or reduce the charge.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was convicted of offical misconduct in the 3rd degree in 1985. Is this a felony or a misdemeanor?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 29, 2020

New Jersey does not have felony or misdemeanor classifications, but other states would consider it a felony as you faced 3 to 5 years in jail for a third degree crime and most states consider a felony anything over 6 months possible jail.

3 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How much does the average attorney charge to appear and represent in a civil court matter?

I have a civil case court matter coming up and I need help with representation.

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2020

It's unlikely for an attorney to quote a price on handling a case/matter sight unseen, without knowing anything about what it involves (contract, tort, property, etc.), and other factors. For something like that, you would probably be better off contacting attorneys on your own and discussing.... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi my husband was very drunk an in a bar fight in which, him and the other guy was arguing at first for about an hour or

2 the guy walked in back of him and my husband sort of back kicked him but did not make contact he turne to look at the guy and the guy repeadly punched my husband in his face and head , his neck fracturing his nose fracturing his cheekbone 2 black eyes swollen on whole face needless to say the guy... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 27, 2020

Yes you can ask the police or prosecutor to file charges, but he would have a good defense which is self defense since he did not make the first contact.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Does an expungement in NJ clear or seal my only arrest for simple assault that was dismissed in court?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2020

It seals your record from certain parties such as the general public but law enforcement the courts etc and certain governmental agencies can still see it. Sometimes it is actually better on your record to keep the dismissal rather than expunge as this shows your dismissal and you can still get... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Am I obligated to pay public defender fees from 17 years ago if there was no crime committed to warrant such fees?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2020

Public defenders are not free in NJ so in general if you used the PD you need to pay.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Do you sever jail time for criminal mischief 2C:17-3A(1) if the person never had a criminal record in his life.
James A. Abate
James A. Abate
answered on Mar 23, 2020

If it is a first offense there will likely be probation. But keep in mind that people do screw up on probation and then go to jail.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Do you sever jail time for criminal mischief 2C:17-3A(1) if the person never had a criminal record in his life.

It was smashing a front door window at another family house. The person suffers with mental problems since the year 2000.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2020

Yes a conviction for criminal mischief could subject the offender to a period of jail time even if a first time offender, BUT many defense exist especially for first time offenders to avoid jail time. If charged make sure that person has a good lawyer, most of us criminal defense lawyers offer a... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: 2C:33-12A my son got a summons with this code for setting off fireworks the neighbors thought were gun shots.

Should I get a lawyer? If I don't get a lawyer besides the fine is there a major charge on his record he can get?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 16, 2020

Generally if no prostitution is involved etc, it is a disorderly persons offense which comes with a criminal record, up to 180 days in jail, fines and probation. Thus yes, I suggest hiring a good lawyer.

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1 Answer | Asked in Contracts, Criminal Law and Workers' Compensation for New Jersey on
Q: What type of lawyer do i need?

I reside in NJ where but i was doing work in NY, where a county specific license was required to do home improvement. I have a court date and i need to know what kind of lawyer i should find. I didn't qualify for a public defender.

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

You will probably need a New York criminal lawyer if the case is in New York. Speak with one to find out.

2 Answers | Asked in Criminal Law for New Jersey on
Q: What can happen to me when I go to court 2c:35-10A(1) Posses of Crystal Rock Meth
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 8, 2020

In general. Its a third degree offense so you could go to jail for 3 to 5 years. Thus I suggest hiring a good lawyer. Most of us criminal defense attorneys offer a free in office consultation. I would suggest that you set one up so we can look at your charges and determine exactly what... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: threatened by a neighbor for soliciting because I was in my car parked in the parking lot that I pay for. is this legal?

Wasnt doing anything except sitting in my car with my friends talking. he pulls up says he took pictures of our plates and is gonna call the cops on us for soliciting.

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

That doesn't sound like a crime to me however if charged get yourself a good lawyer.

1 Answer | Asked in Criminal Law and Identity Theft for New Jersey on
Q: A caregiver stole money from my mentally ill niece & she needs an attorney pro bono

Cash was stolen from her safety deposit box by a caregiver while my niece left the area to see a teller

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

She needs to go to the police and report the crime so the caregiver is arrested.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was charged with shoplifting on 3/4/20. I was charged for two separate incidents. I have the same charge in1998

So now that is the 3rd charge now. I am on permanent SSD due to the fact that I have major medical and mental health issues.

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

Unfortunately the passage of 32 years does not matter when computing how many priors you have. Thus 1988 will count as your first offense and now you have a 2nd and 3rd offense. A third offense shoplifting charge carries with it a mandatory 180 days in jail (assuming the amounts for the third... View More

1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: I'm being wrongfully charged with aggravated assault, criminal restraint and harassment. How do I go about that?

How can I get a lawyer if I can't afford one?

Ivan Raevski
Ivan Raevski
answered on Mar 4, 2020

if you cannot afford an attorney you will need to request a public defender.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: how could i get arrested for simple assault when there is no evidence of any violence

how could i get arrested for simple assault and a case versus the state when there is no physical evidence of any violence committed or potential threatening violence/harm, and the “victim” specifically says they aren't a victim of anything to the cop repeatedly. Also, the cops proceeded... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 2, 2020

It doesn't sound like it was proper however we would need to see the police report in regards to this matter to tell you whether it was proper or not

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