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New Jersey Criminal Law Questions & Answers
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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1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for New Jersey on
Q: What is the statute of limitations of a prisoner lawsuit if he was attacked/stabbed in prison
James L. Arrasmith
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answered on Jul 21, 2024

Under federal law, the statute of limitations for a prisoner to file a lawsuit after being attacked or stabbed in prison is generally determined by the state's personal injury statute of limitations where the prison is located. Most states have a statute of limitations ranging from two to four... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: After seeing a judge for simple assault in NJ, how fast is someone freed?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 16, 2024

Generall depends on the persons past record such as even if you have a outstanding warrant for a traffic ticket the judge could hold you over until trial. But generally for simple assualt most people are released the same day they see the judge, but again depends on the facts of the case, injury... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What are the possible consequences for simple assault in NJ without previous criminal record?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 16, 2024

A first time offender faces the same penalties as a previous offender its just that a first time offender has alternative disposition options to eliminate the possible jail time. (Still needs consent of the judge but generally given assuming the injuries were not that bad) Thus the general... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I contact someones parents about the wrong doing of their kid? Is it illegal to do this or etc?

My ex-girlfriends friend hacked into her ex boyfriends phone. My ex girlfriend told me this. I feel like I should tell her friend's parents about her wrong doings. Can I do this, it it legally allowed?

Leonard R. Boyer
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answered on Jun 15, 2024

There is still freedom of speech in this country. You can say whatever you want that is protected by the First Amendment, but you may not accomplish anything.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for New Jersey on
Q: In NJ, is it legal for hotel security to go through a guest luggage/baggage after being locked out?

AC,NJ hotel and casino guest luggage in room after guest was locked out of room for trying to extend stay and payment was declined. The guest was not allowed to get belongings out of room, instead security went to room, opened guest personal belongings and proceeded to go through their... View More

James L. Arrasmith
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answered on May 27, 2024

In New Jersey, hotel staff and security are generally not allowed to search a guest's personal belongings without consent, even if the guest has been locked out of their room due to non-payment or other issues. The hotel may have the right to remove and store the guest's belongings, but... View More

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Is it witness tampering if i file a civil suit and a contractor still comes to my apartment to cut grass?

Yes i filed a civil suit, and the contractor was still coming to my house the whole time to cut grass, while we had a court case going on. I thought that was witness tampering, but when i called the police, and told them we were fighting in court, they did nothing, and still allowed him to cut the... View More

James L. Arrasmith
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answered on May 24, 2024

Witness tampering involves attempting to influence, intimidate, or threaten a witness in connection with their testimony or participation in a legal proceeding. If the contractor was simply coming to your apartment to cut the grass as part of their regular duties, this alone does not constitute... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is the possession of tiny plastic bags with no drug residue evidence a crime in New Jersey
Louis A Casadia
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answered on May 13, 2024

By itself no. They are commonly considered drug paraphernalia and you can be charged with that offense in relation to possessing such baggies. However, being charged with drug paraphernalia in relation to these bags requires some sort of other evidence to suggest you intend to use the baggies to... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was pulled over coming from Philly into Jersey they had no reason to pull me over I asked why he said an investigatin.

For what no answe they sceaeched me got a dog towed tge car then took me to station scratched me again then took me in a room took my phone read me my rights let me go they paid for the tow they still have my phone and no charges have been presses

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 9, 2024

Not sure what your question is you may want to repost. But if the question is can they still charge you after they let you go, that would be yes as most criminal charges have a 1 or 5 year statute of limitations.

2 Answers | Asked in Criminal Law, Civil Litigation and Environmental for New Jersey on
Q: I think I accidentally dumped blankets at a clothing-only donation bin (on camera). Am I screwed? (Bergen County, NJ)

I put some blankets in a donation bin and only saw a tucked away sign saying "no bulky items, ONLY clothing and shoes" as I drove away. I would've fished the blankets out of the bin but the style of the door was like a pull-out laundry chute, it wasn't an open bin. There was... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 8, 2024

Yes you could be prosecuted for dumping the blankets, but generally unless you dumped something like garbage, electronics, furniture or the like, I doudt you will see the police at your door. That being said if charged make sure you hire a lawyer.

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1 Answer | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: son in therapy hired lawyer to take dads home son has no car, no friends, no degree, no job

lives at home pays zero, home is trashed

Leonard R. Boyer
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answered on May 2, 2024

You are need to supply significantly more facts and any and all documentation related to this matter. Expect to pay about an hour of time for an experienced litigation attorney to have a consultation with you. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for New Jersey on
Q: son stole items from mom and dad after moms funeral how do you hande a case like this? no job, no car, no friends

ejection, trust, arrest?

hired lawyer to try and steal home

Richard Diamond
Richard Diamond
answered on May 3, 2024

I'm sorry but this is not the type of matter our firm handles. Either you need to contact a lawyer who handles estate litigation or civil litigation (where you are seeking damages as a result of his actions).

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Are you able to get an expungement for an Municipal ordinance violation in New Jersey after two years?

Borough of Glassboro 366 - Property Maintenance Code Failure to Abate Violations.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 30, 2024

In general the law is you must wait 2 years passed since the date of conviction, payment of fine, completion of probation, etc. then you can apply for the expungment.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: son stole moms laptop, cell phone, cross, keys, mass crads. crdit cards, debit cards, guest book the day of her funeral

no job, no car, no frigs, nds, in therapy, no degree, pays no room and board ever

he and lawyer conspiring to steal dads home and cash in

Anthony M. Avery
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answered on Apr 30, 2024

Hire a NJ attorney to sue Son for possession (or ejectment) and possibly for conversion. Legal advice from Justia will not help you actually protect your home.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi I live in nj , today I was caught shoplifting at boscov’s

They caught me and wrote down price tags which total up into 539$ but most them were on sale it shouldn’t be more then 200$, cop were called he saw the video me and told I will receive something in mail for boscov’s for 150$ civil fine and they will send a court meet within a month if i don’t... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 25, 2024

First the price of the items for determining the amount taken for a shoplifting charge is based on the retail price of the items not the sale price of the items thus then fact that they were on sale is irrelevant to your charge.

Second yes you did jeopardize your future, but a good lawyer...
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1 Answer | Asked in Criminal Law for New Jersey on
Q: Charged with municipal complaint Feb 3 2022 indictable offense. It’s now 4/23/24 and no movement

I’ve been on pretrial release for 809 days. They just offered me out of no where a plea to plead guilty ( lie) anc I’ll get probation for 24 months which is almost 5 years all together. A tactic to help my ex’s lawyers use this in family court .

Louis A Casadia
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answered on Apr 23, 2024

If this case has indeed been lingering for that long you need to seek counsel. They can atleast speak to the Prosecution to shed some light on what has been going on and they can also do some things to force or push the State to stop sitting on your case. You need an experienced criminal defense... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: my son has locked items belonging to me and my deceased wife in his room

how do i report a larceny?

Louis A Casadia
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answered on Apr 12, 2024

Call your local police department and explain the situation to them. It is hard to give any other suggestion with the limited information provided. How old is your son? Does he pay you rent? What items were taken? Understand that if you go down this path with the police you are opening your son up... View More

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