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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: This device was held by US customs and thoroughly tested for US compliance. The device passed and is legal in US

Flipper Zero is a portable Tamagotchi-like multi-functional device developed for interaction with access control systems. The device is able to read, copy, and emulate radio-frequency (RFID) tags, radio remotes, and digital access keys.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 23, 2022

And the use of such a device can still be illegal depending on what your using it for.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is it true that a prosecutor will purposely get a no bill from GJ to get rid of a case?

Sometimes for various reasons, the prosecutor cannot dismiss a bad case and will work the GJ to no bill to get rid of it. If the case is no billed it often is the end of the case.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 11, 2022

I guess what your saying is possible and I have heard rumors like this, but I have never seen it happen here in NJ.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is 32.1.146.8(4) a criminal offense or a disorderly person offense
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 4, 2022

In general, It is a disorderly persons offense, BUT it does appear on many people's CCH (Criminal Case History) so most people consider it a criminal offense, because it shows up as a criminal offense. If that is confusing it is. NJ unlike other states does not have felony and misdemeanor... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I be arrested in LR,Ar and held for extradition for NJ state on a felony warrant for assault with a deadly weapon?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 4, 2022

You should ask an attorney where you think you may be arrested. But many states will extradite for a warrant from NJ.

2 Answers | Asked in Criminal Law and Employment Law for New Jersey on
Q: If convicted 15 years ago for CDS, will that show up on a criminal background check for NJ school employment?
Michael A. Smolensky
Michael A. Smolensky
answered on Oct 31, 2022

Generally speaking this will appear in any background check unless the defendant petitions for and is granted an order of expungement. But more information is required to answer this question under these circumstances. Contacting a criminal defense attorney to discuss this in greater detail is a... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Son was sentence to 364 days in county jail, 2 official misconduct charges. How much time does he have to serve.

He was a police officer.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 31, 2022

Could be as little as 2/3 but honestly only his lawyer would know and he/she should be the one giving you this answer as we can only guess without knowing much more about his case.

1 Answer | Asked in Criminal Law and Banking for New Jersey on
Q: I received this summons in my mail saying the charges is 2c:21-5 and 2c:20-3A I’m scared I’m a single mom with three kid

I have three kids I’m all they have I haven no family I’m scared for me n my kids

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 29, 2022

Yes you should be concerned whenever you get a criminal charge as you do have two. But if you get a good lawyer you can rest assured that you are doing all that you can to win, reduce or eliminate the penalties that your facing. Most of us criminal lawyers offer a free in office consultation, so... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Just recently got charged with a 2c:18-3a should I be scared? I do not have a record

I was intoxicated and entered a private residence I do not have any recollection of it I did not take anything of value. Apparently went in and laid in their couch

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 26, 2022

You should not be scared as you will eventually get over this, but it is a serious offense which will give you a criminal record and yes you could get jail time. Thus the correct word would be concerned. That being said with a good lawyer on your side you may be able to eliminate this jail time... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: I have been accused of violating 2C: 33-4A (A petty disorderly offense) and I just received the summons in the mail.

I found out that my boyfriend had been having an affair with a friend of mine and I’ve been under extreme distress and anxiety because I lost my job and lost my health insurance so I haven’t been receiving treatment or medication management in months. Not only did I find out that my friend had... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 25, 2022

If you have this charge you should hire a good NJ criminal lawyer as your looking at up to 30 days in jail if convicted plus a criminal record. Most of us criminal lawyers offer a free in office consultation, I suggest that you should set one up.

3 Answers | Asked in Domestic Violence, Criminal Law and Family Law for New Jersey on
Q: My xwife have field a complaine vs mother and a daughter cause they abused my daughter,what is the statutes or ordinanc

Court clerk asked her for a statutes or ordinance ???? What is it please.

Leonard R. Boyer
Leonard R. Boyer
answered on Oct 30, 2022

The Clerk cannot expect you to know the statute, talk to a police officer or have one call the Garfield Municipal Court Judge and if it is appropriate ask for the issuance of a TRO, commonly known as a Temporary Domestic Violence Act restraining order. You are going to need a matrimonial attorney... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law, DUI / DWI and Traffic Tickets for New Jersey on
Q: Can I file a lawsuit against the State of NJ and the office involved if my cost convition appeal was approved?

My 3rd DWI had been overturned on a post convition appeal due to the Cassidy v. NJ case. I served 180 days in jail because of the charge. I got charged in 2015 went right to jail and released in 2016. The case was just overturned and I please down to careless driving. Can I have a lawsuit because... Read more »

Zev Goldstein
Zev Goldstein
answered on Oct 23, 2022

You posted this question to the NY attorney's forum. Try posting it again in NJ. Good luck!

1 Answer | Asked in Criminal Law for New Jersey on
Q: If I have a third degree aggravated assault do I have to provide dna sample
Michael A. Smolensky
Michael A. Smolensky
answered on Oct 21, 2022

In New Jersey, yes. It’s in the plea form. A defendant must provide the sample and pay for the testing.

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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
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 Car Accidents and Criminal Law for New Jersey on
Q: I woke up one night at approximately 5pm, I went outside to go to Walmart and my car was gone. I reported car stolen.

The police came back the next night accusing me of making false report because apparently my ex boyfriend was driving the car and had gotten into an accident. I allow him to use my car when he needs it but in this particular day I did not know that he had the car as I thought he was out of state.... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Oct 11, 2022

This sounds important. But it is difficult to answer this question online because more information is necessary. If it is as important to you as it sounds, then you will want to contact a private attorney to discuss this in more detail.

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, Employment Law and Employment Discrimination for New Jersey on
Q: I have a complaint against my employer for harassing me through text messages calling me names and stalking my house.

I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 30, 2022

We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is Camden county transferring inmates to state institutions.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 3, 2022

To my knowledge the answer to your question is yes but you can check with the county.

1 Answer | Asked in Wrongful Death and Criminal Law for New Jersey on
Q: Can you get immunity after lies under oath?Murder charge was dropped to 2nd degree robbery?

Even if procecutor or judge says you will do time if you lied?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 31, 2022

I can't answer this question; this is not a question about any aspect of an appeal.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I still be charged with 2C: 33-2 (b) if there was no one around that heard the offensive language being urrered ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 25, 2022

Someone would need to be able to hear you if you were charged as their must have been a complainant. If not you may have a good defense. If charged speak with a good criminal lawyer. Most of us criminal lawyers offer a free in office consultation.

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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
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.

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