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New Jersey Criminal Law Questions & Answers

2 Answers | Asked in Criminal Law for New Jersey on

Q: Ive been denied a police report on a disorderly persons charge. Do I have the right to copy of the original report.

H. Scott Aalsberg Esq. answered on Aug 9, 2019

The answer is yes and no and it is more complicated than a simple answer that can be posted here online.

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1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Domestic Violence for New Jersey on

Q: I was assaulted in on Friday August 2nd I have the police report and it's put the nature of the call was a disorderly p

On the paper says that the additional offense POLI police information judicial status zdbr I am lost at what is going on.

H. Scott Aalsberg Esq. answered on Aug 7, 2019

This is information for the police and court, don't worry about it just go to court when you get a notice to attend.

1 Answer | Asked in Criminal Law for New Jersey on

Q: Salesperson diverts revenue to his company by misleading our clients, processes credit cards to his company.

A salesperson, independent contractor (1099) has been diverting our customer sales to a company he has established for himself by misleading customers that they are dealing with us when in fact he has been charging their credit cards through his company. We have documented communications where he... Read more »

H. Scott Aalsberg Esq. answered on Aug 5, 2019

Many times it's not even a criminal matter it's a civil matter for which you'll need to sue them in civil court but you can notify the prosecutor's office and see if they are willing to file charges.

1 Answer | Asked in Criminal Law for New Jersey on

Q: Son's charged with VOP. Want 2 get him attorney 4 it. Can attorney be granted a postponement to familiarize with file?

My son is charged with a VOP. He has had a public defender. I want to get him an attorney for this particular issue. Would a new attorney hired for this VOP likely be granted a postponement to familiarize himself with the client file?

H. Scott Aalsberg Esq. answered on Jul 31, 2019

The answer is maybe and it would depend on the facts of the case and the judge and prosecutor assigned to it. However unless the case is very unique why would the new attorney need a postponement. Most VOP's are for either not showing up when requested for a drug test, failing a drug test or... Read more »

1 Answer | Asked in Criminal Law for New Jersey on

Q: If you break out of handcuffs and snap them in half, can you go to jail?

Someone I know was taken in the police station for a DUI... They were cuffed to the wall at the local police station. They snapped the cuffs from the wall... Then went over to the cop and let him know his system wasn't in the best shape. Then he sat back down. Curious what he could potentially... Read more »

H. Scott Aalsberg Esq. answered on Jul 31, 2019

It's called destruction of police property and it could land him in jail.

1 Answer | Asked in Criminal Law for New Jersey on

Q: Im on CSL. Got new charge (DWI/refusal) and I have not been found guilty. Parole put me on bracelet can they do that?

I caught a new charge while on CSL for 13 years. Never been in any trouble. I got profiled and charged with DWI, refuse breath test and Obstruction of governmental administration. I wasnt intoxicated and have cell phone footage as proof. Still have my license after DMV hearing but New Jersey parole... Read more »

H. Scott Aalsberg Esq. answered on Jul 30, 2019

Unfortunately the answer is yes as you agreed to stay arrest free.

2 Answers | Asked in Criminal Law for New Jersey on

Q: Being charged with with originaly 2C:5-1A(1) downgraded to 2C:33-2.1B. Didnt possess anything no exchang. Asked how man

Not marandized if cop offerd and i said 2 of actually Nothing what is the crime wasnt lotering even worrried about this showing on background cheks 4 employment.Can it be beat

H. Scott Aalsberg Esq. answered on Jul 27, 2019

All charges can and have in the past been beat, however a lawyer would need to hear all the facts of your case and see the state's case is in what is called the discovery to tell you what your particular chances are. Unfortunately that means really need to hire one of us to get that answer. if... Read more »

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1 Answer | Asked in Criminal Law, Traffic Tickets, Insurance Bad Faith and Intellectual Property for New Jersey on

Q: Got a hit and run lawyers letter. I hit a cyclist he was fine we didn’t call the police.

hit a cyclist stopped my car and checked he was ok. He was fine just complained bike was damaged. No police called I didn’t make any police report. I now received a hit and run letter from a lawyer claiming property damage. What do I do. The cyclist came out in front of me on a roundabout.

H. Scott Aalsberg Esq. answered on Jul 25, 2019

If charged by the police get yourself a good Criminal lawyer you will be facing loss of your license and jail time. If not charged but just received a letter from a lawyer notify your insurance company and if you didn't have insurance or enough insurance hire your own lawyer to defend the case.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on

Q: Are motor vehicle laws applicable in strip mall parking lots.. ex: speeding, seatbelt, turn signal, handicap/FZ parking

Howard Lesnik answered on Jul 23, 2019

Handicapped parking is applicable to all parking lots. Moving violations are subject to public roads. Please consult with an attorney to discuss the facts that you are asking about.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on

Q: My neighbors put a camera in their car pointed directly at my front lawn where my two year old plays. Is it illegal

We have open harassment charges against them because they constantly harass us day in and day out. This is something that we think they have done just to get on our nerves but I’m worried about what they will do with footage of my two year old.

H. Scott Aalsberg Esq. answered on Jul 20, 2019

It's generally not considered illegal to have a camera recording in public unless for example it was used to look inside a private area in your house via the window etc.

1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Landlord - Tenant for New Jersey on

Q: Hello i believe and know im a vixtim of illegal search and seizure in the state of nj ninvited guest fight ensued

James A. Abate answered on Jul 19, 2019

Its difficult to respond because I am not sure what the question is. Were you arrested? For what? Who searched you? What did they do? What did they find? What does the guest and the fight have to do with the police? Why were the police there? Was it in a car? Home? In Public? Additional... Read more »

1 Answer | Asked in Criminal Law for New Jersey on

Q: Under Criminal Code 2C:28-3(B)1, is this act considered a Disorderly Persons Charge or a Felony Level Crime?

H. Scott Aalsberg Esq. answered on Jul 19, 2019

It can be either based on what was said and done. Thus a person commits a crime of the fourth degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on

Q: My ex GF gave her middle name instead of her first name in a police report. Is that a crime?

She showed me a knives in a verbal fight and threat me to call the police. I grabbed her hands and took the knives then she started to attacked me. when I was trying to dial the police number she runs out of the house yelling to call the police because I was hitting her. My t shirt was ripe, and I... Read more »

H. Scott Aalsberg Esq. answered on Jul 14, 2019

Yes it is a crime to give a police officer any law enforcement officer your incorrect name she should have given her first middle and last name not just her middle and last to make it like she is a different person. that being said if you were charged with a crime her being charged with one also... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on

Q: What's the minimum and maximum penalty for New Jersey criminal code 2c:21-2.1c? Thank you in advance

H. Scott Aalsberg Esq. answered on Jul 13, 2019

In general you looking it up to five years in jail $15,000 in fines up to 2 years lost driver's license, probation and other penalties as determined by the court. This is a serious offense so if you're charged with it immediately hire a good criminal lawyer. Most of us criminal lawyers offer a... Read more »

2 Answers | Asked in Child Support, Criminal Law and Family Law for New Jersey on

Q: MY husband, had a child before I met him when she was 5 the mother took her back to her country, while still getting

child support he went back and forth to the court telling them she's not in the country and 8 times they stop the support they tell her to bring school records she never does the she waits a year and goes back to file another support order final in Feb 2018 they judge stop the order and told her... Read more »

Leonard R. Boyer answered on Jul 12, 2019

An Appellate Court proceeding is not a new trial. What your husband needs to do is to retain an experienced matrimonial attorney to make a motion in NJ based on the current realities. But child support and visitation have nothing to do with each other. Appeals statistically fail the vast majority... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on

Q: Hi just wanted to know if being suspicious a crime, and if it is i would like to know the statue on that crime?

Gary Kollin answered on Jul 12, 2019

Your inquiry is not understandable

2 Answers | Asked in Criminal Law for New Jersey on

Q: 50 bags of herion got caught with terroristic threat and loitering 10flat was only offer public defender said take it

he never said nothing else no down grade of charges or ask for another offer

Gary Kollin answered on Jul 5, 2019

Thanks for sharing. Sounds like minimum mandatory

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1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on

Q: My kid was pulled over when a cop noticed his high beams on in the daytime, which seems like an improper stop...

...since the statute reads “during the times when lighted lamps are required.”

He was subsequently charged with 2 criminal possession charges for paraphernalia and less than 50 grams. How would you proceed, and what are typical lawyers fees for this type of case?

H. Scott Aalsberg Esq. answered on Jun 29, 2019

The answer depends as you are not allowed to have your high beams on when another car is nearby either during the day or night. That being said he may have another defense as these are serious charges which can effect his job choices for life. Thus, get yourself a good criminal lawyer that is... Read more »

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