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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for New Jersey on
Q: do students under the age of 15 have to be questioned with their parents present by a guidance counselor?
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/she may be charged with something, setup a consultation with a lawyer. It... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: If you bought a air rifle/pistol from pa not knowing you had to get it registered for New Jersey where you live

I have a nj firearms permit but not for the air powered gun/ pistol

James A. Abate
James A. Abate
answered on May 25, 2022

New Jersey does not have fire arms licenses. You need an FID card to purchase guns or ammo. But to safely posses in your home, business or gun range there is no license required. The danger lies in possession outside the home, office or range. That requires a carry permit and failure to have... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: A CDS distribution charge from 2018 I pleaded guilty to. Probation. Would it ever be available for expungement? NJ STATE

Finished probation in 2019. This is the only charge (I have a couple misdemeanors plus 2 other felonies ) that comes up on background checks and screws me. Would this ever be available to be cleared from my record? I’m in Monmouth county of nj.

James A. Abate
James A. Abate
answered on May 15, 2022

You can only expunge one felony aka indictable crime and up to five misdemeanors aka disorderly persons offenses. As far as expunging a distribution conviction, 1st or second degree can never be expunged. You can expunge for the sale or distribution with intent to sell 25 grams or less of... View More

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Can I drop a investigation for b & e

I had a family member Break into my home and steel stuff I called the police but know I don’t want the police to further investigate But I am scared of police Retaliation because I’ve had bad experiences

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 10, 2022

You can't drop a police investigation, what you can do is tell them its a mistake if it was, but if they find that you are or did lie to a law enforcement officer you can get in trouble. I suggest that you setup a consultation with an experienced criminal lawyer to determine your best options... View More

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1 Answer | Asked in Criminal Law and White Collar Crime for New Jersey on
Q: New Jersey Law-Property (corporate documents) & Theft of Property. Potential plaintiff Civil Complaint US Dist. NJ.

Possible plaintiff litigation: Civil Complaint of Theft of property (misappropriated corporate documents that include confidential R&D data, methods, procedures, formulars et. and life science data developed under DOD grant and contract) and Conversion (concealed) by former company consultants... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 4, 2022

With those type of allegations, I would suggest that you setup a consultation with a good lawyer.

3 Answers | Asked in Criminal Law for New Jersey on
Q: Hi if someone sold some drugs when they were 14 4 years ago is there any possibility they get arrested for it
Michael A. Smolensky
Michael A. Smolensky
answered on May 5, 2022

Though unlikely, a possibility exists. More information is required. Based on the limited information available in the question, the issuance of a Juvenile Delinquency summons or warrant follows the filing of a complaint, a review of the complaint to determine whether it satisfies the requirements... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: How long will a FIRST TIME offender get in jail for 2C:39-4D

Kitchen knife was the weapon of choice.( domestic violence)

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 27, 2022

This is generally charged as a second degree crime thus the offender faces 5 to 10 years in jail with a presumption in the law that the person will go to jail. This is especially true for domestic violence cases. A good lawyer should be able to help you reduce or eliminate this jail time if your... View More

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: What happens after a contempt of a DV order is written on a report.
Richard Diamond
Richard Diamond
answered on Apr 20, 2022

I am guessing that you have a domestic violence restraining order (temporary or permanent) and you reported a violation of that order to the local police, who took a report. Presuming that I am correct, the next step is for you to follow up with the local police to find out whether they... View More

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2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Internet Law for New Jersey on
Q: How do I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. It's only legal when you are a child, but when you... View More

James A. Abate
James A. Abate
answered on Mar 31, 2022

There is not a suit for money damages in my opinion. But if you want to spend attorneys fees to investigate their might be someone who will take your money. If you believe your privacy was criminality violated you can ask the police to prosecute. But the family secure app may require a family... View More

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1 Answer | Asked in Criminal Law and Products Liability for New Jersey on
Q: I'm the owner of a restaurant I build a storage in the basement area, can the fire inspector make me remove it
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 25, 2022

A lawyer would need to review what exactly you did and then determine whether it complied with the rules and regulations of the town to answer your question. Although it may cost you a few bucks for an attorney to review this for you, it could save you thousands or tens of thousands in fines... View More

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for New Jersey on
Q: I was charged with simple assault. Due to an car accident. I didn't intentionally hurt the person. I fell asleep.
James A. Abate
James A. Abate
answered on Mar 31, 2022

This is actually an interesting issue. What was the intentional act? Police can say you intended to operate the vehicle in a sleepy state, unless you are a narcoleptic. If the sleep suddenly and without warning came upon you (bit into a magic apple perhaps) then you may have an argument that you... View More

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for New Jersey on
Q: I was charged with simple assault due to an car accident I didn't intentionally mean to hurt the person. I fell asleep.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 13, 2022

If you were asleep it could be a defense if you never woke up. But much more information would need to be known to determine if the defense could work for you. I suggest you set up a consultation with a good criminal lawyer.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Need case number from my 20 year old criminal case in NJ Superior Court.

About 15-20 years ago I had a criminal case in Union County Superior Court. Unable to find any paperwork I had associated with it. Currently I need the case number for a business license application. What would be a quick way to obtain any information about the case? I filed a Jeds request in... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 6, 2022

Best to go yourself to the court to the records department and ask them. Lots of things in the law are easier done at the court.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Does Camden co NJ judge F.Dominguez give 2nd chances if you don’t show up for 2Yrs to Recovery court?

Had 5yrs but only did 6months, Wasn’t ready to give my all due to depression child had just died. But now he is, the rest of his kids need their dad and I need my husband. Being held with no bail.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 3, 2022

Like any judge they will consider the reason why you were in the program, why you left the program, your prior history and of course whether you turn yourself in or they had to find you on a warrant.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I be convicted of a stolen car if I did not return a car rental until 5 months after the return date..

I rented the car in my name, used my bankcard to rent it which had a balance of no lower than 3,000 dollars at all time of me in possession of said vehicle/ property.. I also paid off the entire ballance for the said balance that had accumulated with the extra time I had the rental vehicle

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 25, 2022

Yes you generally can, unless your rental agreement was for a 5 month term. Obviously, a lawyer would need to review your rental contract, but this charge is not unheard of for people who rent a car on a daily or weekly basis when they fail to turn back the car at the end of the rental period.

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1 Answer | Asked in Criminal Law and Animal / Dog Law for New Jersey on
Q: 5 month old neglected puppy covered in open sores. Owner wants her back after 5 months..

Acquaintance from my work got a 6mnth old pitbull puppy and didn't tell the landlord. He found out after the dog chewed the carpet and made her get rid of the dog. When we took the dog it had open wounds all over its body and was missing half her fur. After medications and medicated baths and... View More

Juliet Piccone
Juliet Piccone
answered on Feb 17, 2022

She gave you the dog, you accepted the dog, it’s yours. Tell her to go pound sand.

1 Answer | Asked in Criminal Law, Banking and Business Law for New Jersey on
Q: Hello there, how do I go about bringing embezzlement charges against someone? What lawyer would I be looking for?

My husband’s business partner stole $20,000 from their joint business account after my husband was locked out of the online banking portal. It been going on for a couple of months and it’s clear the the former business partner had something to do with that; which I can only assume is bank fraud... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 15, 2022

You need a lawyer that handles litigation the lawyer fees however for these types of cases are never cheap as generally you will be in protracted litigation as people will generally try to hide their wrongful actions.

2 Answers | Asked in Criminal Law for New Jersey on
Q: My husband and I got into a dispute.Called the cops and he was charged w/ simple assault in NJ.What happens at hearing?
Richard Diamond
Richard Diamond
answered on Feb 10, 2022

You called the police and as a result of what you told the officers, your husband was criminally charged with simple assault. As a result of what occurred on that occasion, the police also asked you whether you want to file a domestic violence complaint against him - did you obtain a domestic... View More

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1 Answer | Asked in Banking, Criminal Law, Elder Law and Federal Crimes for New Jersey on
Q: selling bitcoin for cash or cashiers cheque is legal in usa . the payments were received from 3 rd party

the cashiers cheques received were from individuals, who I did not know .

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 9, 2022

Not necessarily, but more information is needed to answer your question. I suggest that you setup a consultation with a business cybersecurity internet lawyer. That being said this could be a scam. Expect the lawyer to charge you a fee for the advise.

1 Answer | Asked in Criminal Law for New Jersey on
Q: How is it possible for a prosecutor to get a Superceding Indictment for exactly the same thing (verbatim) as the

original indictment when the original Indictment was Dismissed by the court ? Nothing changed in the Superceding Indictment, the wording is the same as well as the offenses. Is this some sort of prosecutor delay tactic ? I was under the opinion that 2C: 1-9 prohibited that ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 8, 2022

Its possible because the law doesn't say the prosecutor can't do it.

I suggest you re-read the last line of this law: . . .The former prosecution was terminated, after the complaint had been filed or the indictment found, by a final order or judgment for the defendant, which has...
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