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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: how can i go about pressing charges on someone in another state for terroristic threats

i have a screen shot of her on social media with my picture making threats

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 24, 2020

You should contact the police department and the town and state where it occurred

1 Answer | Asked in Criminal Law for New Jersey on
Q: Will I receive jail time for absconding from probation under unique circumstances over a decade ago in the state of NJ?

Around ten years ago I was foolishly convinced by family members to ditch my probation and move halfway across the country, I was initially charged with unlawful possession of a firearm and received 3 years of probation. The said firearm was a BB gun which is considered a handgun in the state of... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 21, 2020

It is always up to the judge on whether you will or will not go to jail, but the normal sentence if you fail at probation is to put you in jail. That being said if one day you do get picked up on the warrant which does eventually happen more and more today as these records are more and more... Read more »

1 Answer | Asked in Employment Law, Consumer Law, Criminal Law and Military Law for New Jersey on
Q: An arrest record for an Article 15 was sent to FBI, what happens after 7 yrs? Does it show for employment in accounting?

During a deployment overseas, there was an incident involving multiple personnel. US Army CID took fingerprints and statements from personnel involved. The charges are shown on an fbi personal rap sheet few years after. There was no court martial. The disposition is only an article 15 ( non... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2020

An attorney would need much more information to properly answer your question.

1 Answer | Asked in Criminal Law for New Jersey on
Q: is someone overhearing you say the n word a hate crime in New jersey
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 14, 2020

The answer would generally depend on the situation

1 Answer | Asked in Criminal Law, Foreclosure, Appeals / Appellate Law and Elder Law for New Jersey on
Q: Was evicted, Movers are just throwing my stuff in bags. This is causing great hardship. How do I fight this. I need help

I am overwhelmed and there is too much stuff now packed into the storage units. I can’t even pull things out for the organizations to take stuff. I have one month before the first group is due in about a week after that the second group is due. If I have to pay all of these I will not be able to... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 5, 2020

I am sorry to hear about your situation. Have you looked into any of NJ's state assistance programs?

https://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/Programs-Prevent-Eviction.aspx

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can charges get dropped in one NJ county and a prosecutor in another NJ county pick them up?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 5, 2020

Yes, it is possible. As long as the statute of limitations has not expired.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Good Afternoon, I want to know if I have a warrant, I missed court but I have called and I'm not found.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 4, 2020

Only the court will know if a warrant was issued as we don't have your name and basic information to even look it up. That being said if you missed court. You most likely either have a warrant for failure to appear. I suggest that you at least take a consultation with a good lawyer.

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Was charged with 2c:35-10c and was just put on Conditional Dismissal. First drug offense and I'm a nervous wreck
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 3, 2020

Get yourself a good lawyer to reduce the penalties you face with your new charge and your old charge which will now come back to haunt you. Just remember the old saying a good lawyer is never cheap and a cheap lawyer is never . . . as they say in life you get the quality you pay for

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: 2c:35-10c

Was charged with this and on a conditional discharge

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 3, 2020

That means you face the full penalty of your new charge and will be kicked out of the conditional discharge for your original charge and face those penalties also. I suggest you set up a consultation with a good lawyer to give yourself the best chance of avoiding the full penalties you face.

2 Answers | Asked in Criminal Law for New Jersey on
Q: How severe is this offense

I was arrested for 4 roach clips that the police believe to be Marijuana roaches, and no actual marijuana was found, I'm 18 with no prior record and am a 3.6gpa student

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 30, 2020

Well its pretty serve when you figure as the law stands today, you have a criminal record of arrest and if the substance found tests positive for THC you looking at up to 180 days in jail (rare for first time offenders) 6 months loss of your drivers license, $1000.00 fine and other surcharges and... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: 2c:29-3b(4) amendment 3-7.10 means??
Howard Lesnik
Howard Lesnik answered on Jan 30, 2020

It most likely means that the original criminal charge was amended and downgraded to a municipal ordinance.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: My brother is being charged with Original Offense:2C:35-10A(1) - POSS CDS/ANALOG - SCHD I II III IV.. 3 bags of heroin.

Garfield NJ. He also used a siblings name at the time of arrest. What is he looking at?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 29, 2020

With any heroin possession charge your brother is looking at three to five years in jail. That's I suggest hiring a good lawyer as are many ways to reduce or avoid jail time entirely especially if he is a first-time offender. Most of us criminal lawyers offer a free in office consultation I would... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is this normal that police officer called my phone number and told me to meet them at a restaurant?

It’s not a police station.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 28, 2020

No that is not normal unless the police officer already knows you and you know him. I would call the police officer back at the police station to confirm that this is legit if you don't already know him. That being said if you think you are or could be a possible suspect in a crime you should... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Am I eligible for drug court in NJ if I have a disorderly persons charge?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 23, 2020

Depends on your current charge, but most people fail out of drug court so you should speak with a lawyer to see if you have any defenses to your case.

1 Answer | Asked in Criminal Law for New Jersey on
Q: What are the legal definitions of purse, pursuit, pursued, and chase?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

A legal dictionary would probably give you the best answer

1 Answer | Asked in Criminal Law for New Jersey on
Q: If you stop for a traffic stop, and you don't remain stopped, does it mean you never stopped?

The officer was allegedly assaulting the defendant, which is why he left. Does that still mean he never stopped?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

Actually a judge or jury would probably consider it worse because you knew you were supposed to remain stopped where is someone else may have thought the police were chasing someone else.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Does eluding by it's very nature involve motor vehicle pursuit?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

Not necessarily but I suggest you set up a consultation with a lawyer so he can properly evaluate your case

1 Answer | Asked in Traffic Tickets and Criminal Law for New Jersey on
Q: After stopping car for PD defendant fled in car prior to completion of traffic stop. Is this "failure to stop?"
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

More information is needed to properly answer your question however it definitely sounds like eluding a police officer.

2 Answers | Asked in Criminal Law for New Jersey on
Q: If during a traffic stop a cop smells marijuana can they pull you out your car and search it without consent from me?

Also can the cop search my trunk which is considered a lock compartment without a warrant?

Howard Lesnik
Howard Lesnik answered on Jan 22, 2020

Yes, plain smell is an exception to the search warrant requirement. However, that does not mean that the underlying motor vehicle stop and subsequent search was valid. You should consult with an attorney to discuss the facts of your case and possible motion to suppress.

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: If someone uses another persons Facebook messenger to send money to themselves with a stolen credit card linked to acc

Someone stole a credit card and linked it to their Facebook messenger for Facebook payment then another person logged into their Facebook messenger and sent themselves money to their Facebook messenger

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 20, 2020

This is a crime go to the police.

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