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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My friend is in county since yesterday for credit card theft gave 9 charges superior is there chance he will be released
Michael A. Smolensky
Michael A. Smolensky
answered on Aug 24, 2022

To be held in pretrial detention is ordinarily not part of anyone's plans. Nevertheless, more information is required to develop the arguments for his release. In the meantime, if your friend very much wants the court to order pretrial release, then he will want to give careful thought to... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: It is unlawful to a car owner to deny the name of another person who committed a crime while driving the owner's car?

It's been 4 months that I had been assaulted in Newark, N.J. I called the Police on that day since the guy punched me on the head and also threw away my personal phone. Since then, a Detective contacted me via text message about the case. I provided the Detective the picture/plate of the car... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 24, 2022

A person always has the right to remain silent with the police. Yes you can sue her, but many attorneys won't take this type of case unless you pay them per hour.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Can a juvenile be detained for a criminal act he admitted to even if everyone involved was not questioned?

My 16 yr old is being detained because he admitted to a criminal act but not everyone involved in the incident was questioned yet. Also, the weapon in the complaint is not what my son admitted too - and the complaint document was shown to us after he was detained.

Is this process correct?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 21, 2022

The short answer is yes a juvenile can be detained for a criminal act he admitted to even if everyone involved was not questioned. That being said that does not mean that the police didn't do something wrong in the investigation and you should definitely hire a lawyer to determine this and... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New Jersey on
Q: My fiancé is close to receiving a plea deal and close to his sentencing. Is it too late to change lawyers.

He was supposed to go to a hearing on Thursday but for some reason they did not have it. Also by any chance can the money we already paid the current lawyer be transferred to the new lawyer?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 12, 2022

You can always change lawyers however, your old lawyer will be entitled to the money he has earned already generally computed at the lawyers normal hourly rate. That being said a lot of lawyers are weary of taking a case at the last minute like this as it will take a lot of time for your new... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is the common sentence in New Hersey for the charge of Possession of CDS, Manufacture and Distribution of CDS
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 7, 2022

The common sentence depends on the degree of the charge you had and the amount of drugs as distribution has different levels depending on the drug. The most common is a 3rd or 2nd degree both of which carry jail terms. The third degree has 3 to 5 years in jail but if you have a clean record and a... View More

1 Answer | Asked in Criminal Law, Family Law and Estate Planning for New Jersey on
Q: How does an inmate get a general power of attorney signed over

The form already filled out. Can I just get two witnesses inside to sign or how would I get something notarized while incarcerated

Michael A. Smolensky
Michael A. Smolensky
answered on Aug 5, 2022

Logistics will require coordination with prison/jail security. Generally speaking if one is serious about the execution of a power of attorney or any other estate planning documents, then one ought to seriously retain an attorney to draft and oversee the execution of the instruments.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: My son 15 years old got a tattoo by a girl who is also 15 years old can I sue parents

My 15 year old son got a tattoo by a girl who is 15 too at her house with 5 other kids also getting tattoos can I sue parents make them pay for tattoo removal

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 28, 2022

Yes you can try to sue the parents, you may also try to go to the police and have child endangerment charges filed.

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: Is it legal to record someone who enters my apartment, either with or without their knowledge?
Matthew Schutz
Matthew Schutz
answered on Jul 29, 2022

As long as your camera is legally entitled to be where is, it's perfectly fine to photograph or record whatever is in its line of sight. Certain things are illegal, recording people using your bathroom facilities, as an example. Otherwise it's not a problem.

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for New Jersey on
Q: Can any civil attorney help me with a police misconduct case?

I am currently living in Jersey City, NJ. In Nov 2021, several NJ state police officers searched my home ("Unit #1") and arrested me for two possessing/distributing criminal charges. During the search and arrest, the police officers didn’t show me neither the search warrant nor the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 23, 2022

Yes a civil attorney can help you but unfortunately most will require you to pay a retainer and pay their hourly rate. A few that I know of will reduce the hourly rate if you give them a percentage of the case but they are few and far between.

1 Answer | Asked in Criminal Law and Child Custody for New Jersey on
Q: Im 17 my boyfriend is 18.if I have a video confection of my mother kicking me out could she put a runaway report on me

Could my 18 year old boy friend get in trouble for me being at his home being 17 and being kicked out my family’s home

Richard Diamond
Richard Diamond
answered on Jul 25, 2022

You are 17 yours old and you and your mother had a fight. As a result, you have decided to move in with your 18-year-old boyfriend. I presume that your mother wants you to come home and you do not want to do so. I'm also guessing that you are still in high school, so the next question is what... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: I am a crime victim. Will the attorneys/judge consider that when I report to jury duty?

I live in NJ. I am a crime victim. One defendant pled guilty to other charges and the charges related to my case were dismissed. Second defendant pled guilty and is currently on probation and paying restitution to me. Third defendant is a fugitive (so, open case). I appeared in court and made... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 26, 2022

Being a crime victim is not a reason to be excused for jury duty, but a criminal lawyer may not want you on the case because of it. However, that being said generally you won't be on the only one on the jury that is a victim of the crime. In the last few years more and more people seem to be... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I take a possession charge for someone if I wasn't present at the time drugs were found?

Found in my car which my boyfriend was driving at the time of arrest.

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 26, 2022

The answer to this question depends on the specific facts of the case and, perhaps more importantly, prosecutorial discretion.

1 Answer | Asked in Criminal Law, Business Law and Communications Law for New Jersey on
Q: Can I legally record a phone conversation in the state of NJ or NY without the other person’s knowledge?

I am in NJ and the other participant is either in NJ or NY.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2022

Yes, NJ is a one person consent state, but I cannot advise you about NY law. Good luck.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a 14 1/2 year old who gropes 12 year old multiple times against his will be held liable under this statute?

Specifically, can the 14 1/2 year old be convicted under the child endangerment stature?

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 19, 2022

To answer this question, more information is required. An attorney, upon entering his or her appearance in court on a client's behalf, can demand and obtain the discovery. The answers to questions like this depend on the discovery provided by the State. This is preferable to speculating about... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Charged with 39:3- 29A for the third time. What am i looking at legally
Michael A. Smolensky
Michael A. Smolensky
answered on Jun 12, 2022

A person charged under N.J.S.A. 39:3-29a faces fines and costs totaling $190, and possibly up to $440 if the person is a driver or operator of an omnibus. It is a good idea to speak on the telephone to a lawyer to review all the details.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was in a hospital and was charged with cds ?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 7, 2022

Just because you're in a hospital does not mean that you're immune from getting a drug charge. That being said based on the facts of your case you may have a defense. I would suggest that you set up one of the free in office consultation that most of us criminal lawyers offer.

1 Answer | Asked in Consumer Law, Copyright and Criminal Law for New Jersey on
Q: Is it legal to buy counterfeit jerseys for personal use ? What statute or act states or enforces such act ?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 7, 2022

Assuming that you mean jerseys bearing the registered trademark of a sports team, it is the seller of infringing goods who is liable for the trademark infringement, not the buyer.

2 Answers | Asked in Criminal Law and Tax Law for New Jersey on
Q: Potential outcome for breaking & entering by breaking a door, simple assault on adult, breaking TRO, IRS tax fraud

I am looking for information on the potential outcome for the above. There was harm done to a child and involvement of DCPP, the assault done to the child has not been established in court due to postponement. I am curious about this outcome as it will severely affect parental time and the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 30, 2022

Jail time certainly looks like it is almost certain for the above offender as this person has multiple charges that could lead to that. That being said everything depends on the facts of the case and how good of a lawyer the defendant hires and lastly never under estimate luck.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it illegal to use the General Power of Attorney, when in fact the principal is now incapacitated?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 30, 2022

An attorney would need to review the power of attorney document to properly answer your question to determine whether the powers remain effective after the onset of a disability. Every attorney will write, the power of attorney to the clients wishes and the word general is just that general and... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: Must a parent be present when a guidance counselor asks questions that can incriminate a 12-year-old student?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he may be charged with something, setup a consultation with a lawyer. It may... View More

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