Lawyers, Answer Questions  & Get Points Log In
New Jersey Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for New Jersey on
Q: What are the consequences for bomb threat in the state of new jersey
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 21, 2022

Jail Time, Community Service, etc. Just depends on how far you go ahead with the plans or threats as it could be as little as 3 to 5 years in jail or even more. If you are charged with said offense, speak with a lawyer ASAP.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: If you are arrested the day after a search warrant expired can you get the case dismissed
James A. Abate
James A. Abate answered on Jan 19, 2022

Based on your description, no. A search warrant relates to the search, not the arrest. An arrest warrant is usually open ended and does not expire until executed.

View More Answers

1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission as it is considered an invasion of privacy. Can I legally sue?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 17, 2022

The answer will depend on many factors which are unknown the main being who is the person the phone plan is under, and who paid for the phone etc.

1 Answer | Asked in Criminal Law for New Jersey on
Q: N.J.S Charge 2c:12-1a (1) 2c:29-2a (1) is there jail time with this charge

what can happen at court

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 12, 2022

Yes, you could get jail time on both charges, but the amount of time will depend on the facts of your case and how good of a lawyer you have representing you to defend the charges. Generally, the better your fact and the better the lawyer that you choose, the better your chances are of avoiding or... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Should my friend sign a tasc evaluation in jail?

He has 2 possession charges and theft under $200.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 10, 2022

Your friend should ask his lawyer as we don't know anything about his case here online.

1 Answer | Asked in Criminal Law for New Jersey on
Q: 4 out of 6 charges consist of a weapon charge however there is no evidence backing a weapon just hearsay.

Can somebody be charged any charge relating to a weapon if there is insufficient evidence? If not will those charges be able to be reduced or dropped?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 5, 2022

Yes insufficient evidence can lead to charges being dropped or reduced. That being said what you consider insufficient may not be what the state considers insufficient. Speak with a lawyer to learn what is and isn't insufficient evidence if you are charged with a crime, expect a lawyer to... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is the least amount of time somebody could receive for the charge 2C:15-1A(1), considering a lack of evidence.

My fiancé is being charged with that charge however there is not a strong case against him, with that being said is there anyway to reduce that charge to something more minor, if not what would be the least amount of time he would be eligible to receive?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 5, 2022

Robbery is always a tough charge to defend against. That being said everything would depend on the facts of his case (like you said how strong the evidence is against him) and how good of a lawyer he hires to defend the charge. Generally, with a better lawyer you will get a better result. If... Read more »

4 Answers | Asked in Criminal Law, Family Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. Can I legally sue?

Leonard: I do not appreciate... Read more »

Richard Diamond
Richard Diamond answered on Jan 4, 2022

Let's approach this issue differently for a moment. Let's assume that your mother did install an app on your phone and that it was done without your permission. At age 25, what is it that your mother is going to find out about you that you care less about any longer? I am not trying to... Read more »

View More Answers

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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. 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... Read more »

View More Answers

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 Esq.
H. Scott Aalsberg Esq. 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.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: If I’m convicted of simple assault and harassment in New Jersey, can I obtain a permit to purchase firearm?
James A. Abate
James A. Abate answered on Dec 9, 2021

Any domestic violence conviction will prohibit your obtaining a FID. Additionally, the following offences prohibit the possession of a firearm: robbery, aggravated assault, burglary, arson, extortion, homicide, kidnapping, escape, sexual assault, aggravated sexual assault, endangering the welfare... Read more »

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: What do i do when a person lies about not threatening me and has 3 witnesses defending them

The person threatened my life and inturn i threatened hers, they had coworkers taking her side and lied to cops about her being scared for her life so i got arrested because they said that i said id kill her but her coworkers said that she didn't say that apparently.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 8, 2021

All you can do is hire a lawyer and hope these people either change their testimony or get caught in the lie. Not easy to do, but you don't have many options to prove they are lying.

1 Answer | Asked in Criminal Law for New Jersey on
Q: My boyfriend got arrested in Pennsylvania for a bench warrant in New Jersey on a case that happened 18 yrs ago

It was on an assault case that was In 2003 and the order a bench warrant for 2004. But the guy who filed the charges moved to Florida and passed away in Florida. But my boyfriend told me that he was defending himself after the guy knock my boyfriend's glasses off his face and he couldn't see.

Amber Forrester
Amber Forrester answered on Dec 1, 2021

The states cooperate in terms of arresting people wanted on another state's warrant. Your boyfriend will be subject to extradition, which means that PA will call the NJ entity that issued the warrant and ask if NJ wants to come and get him or if PA should release him. If NJ indicates that... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Are possession/distribution charges eligible for expungement after a time period? 2017 and 2018

One charge was ended and completed in probation in 2019(filed 2018) plus all fines paid. I had a smaller, minor charge from 2017 (failure to give CDS to police) which ended in just fines. Both cases went to superior court. The latter charge is a possession/distribution charge. Thinking back, I... Read more »

Amber Forrester
Amber Forrester answered on Nov 28, 2021

The best way to know for certain whether you are eligible for an expungement is to reach out to an attorney who can look up any and all charges that come up in your name and let you know if you qualify or not. Many of us offer free consultations, and when called for an expungement case, will look... Read more »

2 Answers | Asked in Criminal Law for New Jersey on
Q: what is the punishment for armed robbery in NJ? Also, what is the punishment for a second-degree offense?
Amber Forrester
Amber Forrester answered on Dec 1, 2021

Armed robbery is a 1st degree offense in NJ, which means it carries a possible sentence of 10-20 years in state prison and because it falls under the No Early Release Act, a person convicted of it would served 85% of whatever amount of time sentenced before becoming eligible for parole. There is... Read more »

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: I just got hit with a 2c:29-1A someone called in that i was pulling handles on cars and we see dt and started running

They only charged me with obstruction this is my first charge over 18 do you think I'll do some time?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2021

Maybe it will all depend on how bad your juvy record is and whether you are still on probation for any of those charges. You got really lucky that you only got that charge.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it possible to get a aggravated assault charge dropped?

Due domestic violence with my fiancé.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 13, 2021

The answer is yes it is possible as anything is possible, but it will depend mostly on the facts of your case, what defense can be applied to get you the result that you want and how good of a lawyer you hire.

View More Answers

3 Answers | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: Can you be around an individual who was granted a final restraining order by the court?

My friend's ex-wife has a final restraining order against him. Their daughter will be getting married next year and he wonders if he will be able to attend and walk her down the aisle.

Richard Diamond
Richard Diamond answered on Nov 12, 2021

The short answer is that without a consent order permitting both of them to be at the same function together, it is a violation of the restraining order and he can be arrested and criminally charged. My suggestion is that he ( through counsel or through a mutual acquaintance) reach out to the ex... Read more »

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: My wife and I just got run off the road. We are on route 208 southbound and called 911. We have kids in the car.

We have kids in the car. My 8 year old said he was scared and my wife crying hysterically said “he’s gonna kill my kids.” We we’re just terrorized and I got it on video. We need help

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 26, 2021

Best thing to do is to give the video to the police in the town where the conduct occurred.

2 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New Jersey on
Q: Is a confession valid if my accuser coerced me into making it?

someone accusing me of sexual assault secretly recorded me and coerced me into making a confession for a crime I did not commit. He started screaming and me and threatening to report me to authorities. I feared for my safety so I just told him what he wanted me to say to get him to leave. Is this... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 23, 2021

The answer depends on many factors, but yes it may be able to be used against you. I suggest that you speak with a lawyer as we don't know all the details of your confession or case to properly advise you.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.