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New Jersey Federal Crimes Questions & Answers
Q: I'm inquiring about filing a civil suit against Plainfield police department violating my right per theChevron deference

My parked car's license plates were scanned and my car was impounded in the middle of the night on 7/14. The plfdpd enforced Dmv policy after the overturning of the Chevron case ruling against agencies violating the ppl rights. Dmv is one of the 439 federal agencies listed in the doctrine.... View More

James L. Arrasmith
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answered on Jul 27, 2024

You have grounds to consider filing a civil suit against the Plainfield Police Department if they violated your rights. The impoundment of your car based on a license plate scan, especially in the middle of the night, can be legally questionable. The enforcement of DMV policies after the... 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 Appeals / Appellate Law and Federal Crimes for New Jersey on
Q: Can anyone provide assistance in filing an Federal Tort Claim Act appeal? Im looking for a "how to process."
James L. Arrasmith
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answered on Mar 30, 2024

Here is a step-by-step guide on how to file an appeal under the Federal Tort Claims Act (FTCA):

1. Review the denial letter: Carefully read the denial letter you received from the federal agency to understand the reason(s) for the denial of your FTCA claim.

2. Determine the...
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2 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for New Jersey on
Q: Can I find out who the complainant was responsible for precipitating the home raid by local cops with a drug warrant?

Nothing was found and no arrests were made. How do I find out who signed a sworn affidavit accusing me of drug activity?

Louis A Casadia
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answered on Feb 14, 2024

So do you mean the officer who brought the warrant before the Judge or perhaps a regular citizen that provided the evidence to support the warrant? They are required to leave a copy of the Warrant order which should say the name of the officer that applied for the warrant. As for who provided them... View More

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Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, many of the actions you described, such as identity theft, financial abuse, and tax fraud, can be considered forms of white-collar crime. These crimes typically involve deceit, manipulation, and exploitation for financial gain, often perpetrated by individuals in positions of trust or... View More

Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, the types of abuse and exploitation you have described would generally be considered forms of white collar crime. Specifically:

- Identity theft - Using someone's personal or financial information illegally for fraudulent purposes. This is a type of white collar crime.

-...
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3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: What does non db detention mean?
James L. Arrasmith
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answered on Jan 26, 2024

Non-DB detention is a category of federal pretrial detention, referring to custody of defendants that have federal criminal charges pending against them but have not been designated dangerous or flight risks.

Some key points about non-DB detention:

- "DB" stands for...
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1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for New Jersey on
Q: What can i do? Is this illegal? Is he commiting fraud?

I have a contract signed by me. I was loaned money from somewho is charging an interest fee of 650$.In which doesnt lower the loan of my original loan amount. I know he isnt reporting his extra willings to the irs , nor he is a USA Citizen. He does this as a side business.

James L. Arrasmith
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answered on Jan 23, 2024

If someone is lending money with an interest charge that doesn't decrease the principal loan amount, it's important to first examine the terms of the contract you signed. Ensure that the interest rate and terms of repayment are clearly stated and understood. If the terms are not clear or... View More

2 Answers | Asked in Domestic Violence, Family Law, Federal Crimes and Personal Injury for New Jersey on
Q: What recourse do I have because my partner has been financially, emotionally and psychologically abusing me for six year

He convinced me to sell my house in brooklyn and now the money is gone and I owe the IRS. He makes me feel worthless and blames me for everything, I am severely depressed and have anxiety disorder because of all this. I feel like I can't do anything.

Leonard R. Boyer
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answered on Mar 22, 2023

You really need to retain an experienced matrimonial attorney with extensive domestic violence trial experience to obtain a Final Restraining Order against him. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... View More

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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, Federal Crimes and White Collar Crime for New Jersey on
Q: I got arrested after a warrantless search and the police took my mothers car

The car wasn’t registered yet, but I had the title, which was made out to my mother, and showed it to the cops before the search. They took the title and the car. It’s been a month and they aren’t giving it back. I told them on the scene that it was my car just in my mothers name trying to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 19, 2022

We can't tell you why the car has not been released as we don't know the police's side of the story, but it may be because they can't release an unregistered car out of impound in most cases.

1 Answer | Asked in Criminal Law, Federal Crimes and Native American Law for New Jersey on
Q: What laws are in place to prosecute non-Native offenders who commit crimes on Native reservations?
Scott E Beemer
Scott E Beemer
answered on Oct 8, 2022

It depends. Currently, Oklahoma v. Castro-Huerta, a majority of five justices sided with the state of Oklahoma, finding that state governments have the legal jurisdiction to prosecute non-Native citizens for crimes committed against Native citizens on sovereign tribal lands.

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

2 Answers | Asked in Federal Crimes for New Jersey on
Q: If I’m on federal pretrial can I switch my lawyer in get a new one my lawyer not doin her job now bein though I’m reales
Vikas Dhar
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Vikas Dhar
answered on Apr 11, 2022

I’m assuming that you mean that you’re currently on pretrial release while your case is pending, correct? You can certainly terminate and hire a new lawyer at any time. If your current lawyer is court-appointed, you should discuss it with them to determine whether or not you would be eligible... View More

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1 Answer | Asked in Family Law and Federal Crimes for New Jersey on
Q: My parents are withholding my mail from me, isn’t that illegal?

I was living with them temporarily for 6 months, they asked me to leave and I’ve been out since February. I have USPS they send me emails about mail coming in. I have mail that was delivered to their house I’ve messaged them multiple times about retrieving my letters without a response. I... View More

Richard Diamond
Richard Diamond
answered on Mar 9, 2022

Ask a neutral 3rd party to go to your parent's home and have that person ask your parents to give him / her your mail. I presume that it is safe to say that you and your parents are not on good terms at present and have no intention of communicating with you or responding to your emails. If... View More

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.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Why is it that a lawyer wouldn’t show up for a pre-indictment hearing?

Today was my fiancés pre-indictment hearing, we have been waiting to hear about any discovery found, the strength of the evidence (which as we know it isn’t too strong), the possible charges, etc. However the lawyer did not show and the pre-indictment hearing was literally under five minutes and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 16, 2021

If you paid your lawyer he/she should have appeared for the hearing. It is an important hearing, but generally your lawyer would have already spoken to the prosecutor and some lawyers even go to the court house to pickup that discovery also prior to the hearing because many hearings today are not... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: How much time can u serve for having a gun in nj

With no permit

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 12, 2021

The answer depends on several factors such as who charged you state or federal, was the gone used in a commission of a crime etc. Speak with a lawyer this is a serious charge and generally has a mandatory term of imprisonment.

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