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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: I’d like to have my felony theft conviction from 1990, in the state of Maryland, expunged.
Mark Cheser
Mark Cheser
answered on Apr 20, 2023

You need to speak to a Maryland attorney,

1 Answer | Asked in Criminal Law for New Jersey on
Q: My daughter was detained at the Newark Airport for unknowingly violating N.J.S. 2c:39-3e. She has no criminal record.

She was not aware that the weapon, a collapsible baton, was in her carry-on luggage. She was in the process of catching a business flight to Cincinnati, Ohio on behalf of her flight school. She is 22 years old, a certified commercial pilot, and working to get her degree in Aeronautical... View More

Amber Forrester
Amber Forrester
answered on Apr 11, 2023

While her lack of record makes her eligible to apply for the Pre-Trial Intervention program, if accepted that potential dismissal will take a minimum of 12 and maximum of 36 months and require at least some effort from her. Just having a pending charge in the event of a background check may be... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: i had a criminal complaint against my former landlord for harassment and privacy breaking to my house while sleeping

the prosecutor leave my case now he told me to proceed alone with the complaint against my former landlord also there is a false testimony from a housing inspector who's claimed i subpoena her in this matter which is false i need help

Morris Leo Greb
Morris Leo Greb
answered on Mar 30, 2023

Please make an appointment with an attorney about your problem. The issues raised are too broad for this platform.

1 Answer | Asked in Criminal Law and Personal Injury for New Jersey on
Q: What kind of lawyer handles theft by a towing company?

My vehicle was towed in NJ and a few weeks after getting the vehicle back when opening the back of the truck there were over 10K of mechanic tools that were stolen. What kind of lawyer handles this kind of case and how long can you file suit?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 4, 2023

Generally you would want a civil litigation lawyer to handle this type of matter. But even if you call the wrong lawyer many times they can refer you to someone who does.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Pro bono help needed for Woodbridge,NJ Traffic license suspension need all expunged who to call?

I have been homeless on and off. Trying to get back on my feet requiring a license for full time employment

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 20, 2023

Unfortunately you cannot expunge traffic violations only criminal charges in NJ

2 Answers | Asked in Criminal Law for New Jersey on
Q: I own a store(NJ) if I see someone shoplift can I legally lock the front door and detain them until the cops arrive.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 11, 2023

Per the terms of service of this website, we cannot give you specific legal advise on this website, so I will talk generally, you are allowed to make a citizens arrest when someone steals from your store, while you await for the police to come. just you better be right otherwise the shoplifter may... View More

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1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for New Jersey on
Q: Can police ticket you if you park in someone's spot at an apartment building without their consent?

I live in an apartment building across the street from a government building. People constantly park in residents spots for the apartment building and run across the street to the government building. Property Management says us residents have to call the local police department and have the cars... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 4, 2023

Two issue. The first being is whether or not the landlord has posted the appropriate signage about improper parking. The second is whether the two lease spots are included in the lease. If so, you, you are entitled to quiet enjoyment. This places a burden on the Landlord's shoulders to monitor... View More

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: Plaintiff threatening criminal charges for defendant violating a TRO -if defendant does not sign civil restraint

Is this considered coercion? How to vacate civil restraints without plaintiff agreement?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2023

You cannot easily vacate civil restraints. You would need to retain an experienced matrimonial attorney, with extensive domestic violence trial experienced and that attorney would have to show you meet the critieria of The seminal case setting forth the “good cause” standard in New Jersey is... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was convicted of a criminal crime in 2012 and sentence 2013 for probation for 2 years. can i get this expunged?

it has been 10 years since i have sentenced. i have cleaned up my life completely in the last 8 years.

Michael A. Smolensky
Michael A. Smolensky
answered on Mar 3, 2023

It appears you might be eligible to petition the court for expungement, but more information is required to offer a legal opinion. Speaking to an expungement attorney about this on the telephone should help clarify any possible issues.

1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: My husband is currently incarcerated. Am I legally allowed to get answers to the reason behind his incarceration?
Richard Diamond
Richard Diamond
answered on Feb 13, 2023

We are divorce, family law and estate planning lawyers. You need to contact a lawyer who specializes in criminal law and ask him to see if he can investigate it. Presume that it will cost you to find out the information. Alternatively, you can ask a private investigator if he can find out the... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there a time frame or deadline for how much time a prosecutor has to formally indict someone on criminal charges?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 2, 2023

The answer is the time depends on the crime committed and the prosecutor does not necessarily have to indicte you to charge you with a crime. If you think you may be charged with a crime speak with a lawyer, if you are already charged most attorneys offer a free in office consultation if you... View More

2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... View More

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case

Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.

Richard Diamond
Richard Diamond
answered on Jan 19, 2023

If its a criminal matter and your estranged wife is being criminally charged, the matter is handled by a muni, county, or state prosecutor. You can tell the prosecutor what information you have, and he can decide whether he can use it.

If you are being criminally prosecuted and she is...
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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: a defendant is giving a title 35 does it have anything 2 do with giving info about another defendant in order 2 get fav?
Michael A. Smolensky
Michael A. Smolensky
answered on Jan 17, 2023

The form of this question is difficult to understand. A defendant can get a favorable plea agreement for a variety of reasons. Cooperating with authorities as an informant is only one of many. A defense attorney who can identify a meritorious pretrial motion can also negotiate a favorable plea deal... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Jersey on
Q: can i be charged for criminal trespassing if I was not even on private property when police arrived to my residence?

I injured my back while riding my atv and had to call an ambulance to get to the hospital since i couldn't drive. Police came to my home upon the call as they stated they needed to fill out a report for any type of accident called in via 911. The officers stated they were not issuing tickets... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 10, 2023

Yes they can charge you even up to a year later for criminal cases in Municipal Court. That being said I would suggest hiring a lawyer you may have a defense in this case. Most of us criminal lawyers offer a free in office consultation, I would suggest that you set one up.

1 Answer | Asked in Criminal Law for New Jersey on
Q: What does an intake conference mean in Mercer county courts

I found a wallet and mailed it back to its rightful owner and now I’m being charged with theft I have to go to court for an intake conference.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 8, 2023

More information would be needed to advise you which you probably don't have but could be accessed thru the courts to properly answer your question. But it sounds like you have been charged with theft. The right thing to do with the wallet was to immediately give it to the police,... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: I currently have multiple active warrants from multiple departments for felony criminal charges. What should I do next

I'm currently wanted for alleged motor vehicle theft, car jacking, theft, etc in NJ. I also have a current probation violation out of pa, as well as on going felony court proceedings in New Hampshire. I know I can't run forever and the longer I do the worse it gets. The Pa warrant is a... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 29, 2022

If you truly want to take care of this you need to hire lawyers in each state and then follow their advise on how to turn yourself in to make this easiest as possible. The charges as you know won't go away and if you get found before turning yourself in that always looks worse as turning... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What does it mean when my civil case is going to court before my criminal case?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 26, 2022

The answer would depend on what the cases are about such is it a restraining order in civil court but an assault charge in criminal court, or it could be a restitution case in civil case for taking merchandise and a shoplifting charge in criminal court. See the problem everything depends on what... View More

2 Answers | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: What is the statute of limitations for 2c:34-3?

I ask because I have an eye witness who states (in an affidavit) that she walked in on my niece's dad showing my niece (then 6 years old) sexual content. I'm in litigation for custody of my niece and the judge is ignoring a lot of evidence--including my niece (when she was 7) sending me a... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

The judge in a custody case is the wrong person to be discussing this matter with.

You need to communicate exclusively with the detective assigned to investigate the criminal complaint.

Don’t even bring the subject up in the custody case or the perpetrator will be able to use...
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1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for New Jersey on
Q: Theft of Services? Customer wrongfully disputed credit card charge

We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 16, 2022

First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... View More

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