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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: What the code for tampering with a vehicle that isn’t yours
James L. Arrasmith
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answered on Mar 8, 2024

In New Jersey, tampering with a vehicle that isn't yours can fall under several statutes, depending on the nature of the tampering. The specific code might vary based on whether the act involved breaking into the vehicle, damaging it, or attempting to steal it. One of the relevant statutes is... View More

2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Does 14 depend on 13? Will age only be considered if the person was influenced by someone more mature?

Committed murder at age 21 and was sentenced to 65 years. No parole eligiblity for 30 years.

Louis A Casadia
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answered on Mar 7, 2024

I am assuming you are referring to Mitigating Factor 14 and 13. They are separate factors that the Court must consider at sentencing. You do not have to have Factor 13 apply in order for 14 to be considered. However, Mitigating Factor 14 was just recently added several years ago so if the offense... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it lawful for the state of New Jersey to sentence a youthful offender under the age of 20 to a longer sentence than a

A 17-year-old juvenile, when there is neuroscience that shows similarities in their mental capacities?

Louis A Casadia
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answered on Feb 28, 2024

Yes, in New Jersey once you are 18 years of age you are considered an adult and subject to adult penalties. Now their is a mitigating factor a sentencing Judge must consider for offenders under the age of 26 but this does not bring the sentencing range back down to what it would be for a juvenile... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it lawful for the state of New Jersey to sentence a youthful offender under the age of 20 to a longer sentence than a

A 17-year-old juvenile, when there is neuroscience that shows similarities in their mental capacities?

Amber Forrester
Amber Forrester
answered on Feb 28, 2024

While the most up-to-date developmental psychology studies tell us that the prefrontal cortex--the part of the brain that comprehends complex issues like the consequences of our actions--isn't fully developed until we're about 26, the law in New Jersey (as well as federal law) has not... 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 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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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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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?

James L. Arrasmith
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answered on Feb 24, 2024

If you want to find out who filed the complaint that led to the home raid by local police, you can start by requesting a copy of the search warrant affidavit or the police report related to the incident. These documents may contain information about the complainant or the basis for the search... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: If you max out on a five flat but still owe 800 dollars on your fines from your conviction do they keep you on parole
Louis A Casadia
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answered on Feb 8, 2024

I can tell you that if you were on probation, they would terminate you from probation and send the outstanding fines to supervised collections. If you literally maxed out the entire 5 years then they would likely just convert the fine into a judgement, but if you still had some "time"... View More

2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

Louis A Casadia
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answered on Feb 1, 2024

I also agree you should just call the court and explain your situation that you did not get notice in time. An attorney could also do this on your behalf. As to the simple assault charges you need representation so that someone can obtain the evidence and speak with the Prosecutor. It may also be... View More

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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 Criminal Law for New Jersey on
Q: Is there definitely jail time for a first time third degree shoplifting offense
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 25, 2024

No Jail time is not mandatory for a 1st time criminal offender for a 3rd degree shoplifting charge (means no other prior criminal charges not just shoplifting). Now that doesn't mean that you can't get jail time, its just not mandatory like it would be for a 2nd degree charge. That... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it illegal in New Jersey to get 25 years for drug induced homicide? I’m asking because the law states the max is 20
Louis A Casadia
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answered on Jan 24, 2024

Under 2C:44-3 a Defendant can be sentenced to what is called an "extended term" sentence for a number of reasons. An extended term sentence allows the Judge to sentence a defendant one degree higher then the offense he is convicted of. So a 2nd Degree Crime which is normally a range of... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it illegal in New Jersey to get 25 years for drug induced homicide? I’m asking because the law states the max is 20
Michael A. Smolensky
Michael A. Smolensky
answered on Jan 23, 2024

Under New Jersey law, Strict Liability Drug Induced Death is a first degree crime, which ordinarily carries up to 20 years New Jersey State Prison. But a defendant who is extended term eligible would face 20 years to life. Therefore, a sentence of 25 years would not necessarily be illegal.

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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

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Can a detective send his son to spy on you? And gets caught doing it on separate occasion. Can I sue the PD?

I got arrested by a detective who would target me and give other police officers a tip to when I was leaving a park with my friend one time and radio'd in to a marked car to pull us over. He would even send his son to spy on me after that. Like when I would play basketball at the local court... View More

James L. Arrasmith
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answered on Jan 21, 2024

Engaging in such behavior where a detective sends his son to spy on you is a potential violation of your civil rights. It raises concerns about privacy invasion, harassment, and possible abuse of power. If you have evidence that this detective targeted you unfairly and used his position to involve... View More

2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: I was arrested for contempt of court September 12,2023 then police charged me with a another contempt filed by plain tif

But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do

James L. Arrasmith
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answered on Jan 16, 2024

In New Jersey, if you were arrested for contempt of court and charged with an additional contempt that you were not previously aware of, there are some legal considerations to keep in mind. Firstly, for a contempt charge, it's typically required that you be made aware of the court order... View More

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2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: I was arrested for contempt of court September 12,2023 then police charged me with a another contempt filed by plain tif

But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 16, 2024

We would need to see the documents to properly answer your question, but many times the arrest date is considered the date the complaint was filed. But you shouldn't be in contempt if you were never served with the order. Get yourself a lawyer a contempt charge is a serious criminal offense.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I get out of a subpoena in NJ, due to a legitimate dr appt (that was planned months ago) for my child?

Thank you for the response. I updated this, as I realized my question had too detailed personal information.

Louis A Casadia
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answered on Jan 15, 2024

Hello, I will try my best to give you an answer to your question but I would need more information to really understand what exactly you are being subpoenaed for. In New Jersey in order to obtain a Firearm Purchaser ID Card or a Permit to Purchase a Handgun you need two references to speak to your... View More

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