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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: Can you be ticketed the day after an alleged offence of being a public nuisance and having an open container in street

The police showed up and gave my neighbor those tickets today but it was yesterday. Also, the police office called him over from his own yard and asked him to step into the street to speak to him and he did but was holding an alcoholic beverage at the time

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 5, 2020

Depends on the offense of what he was charged with on how long the police have to issue a violation. Some violation have as little as 30 days to be issued some have up to 5 years. Speak with a lawyer to determine what the statute of limitations is on your violation.

3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Would prosecutors have been allowed to bring criminal charges against the priest?
Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Not enough information. Yes, no, maybe.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: How can I get more information on a case
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 3, 2020

If your looking for more than public records it would depend on how you are related to the case.

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2 Answers | Asked in Criminal Law and Identity Theft for New Jersey on
Q: Hello I live in condominium. I was taking out my garbage and this lady was recording from her condo. I live in NJ.

Is this legal? And what should I do? I feel like my privacy was affected by this? What legal steps should I take? The garbage container is right in front of my house and she lives across the street.

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

As long as you are outside and she is not on your property trespassing, she can record whatever she likes, just like everyone who records police officers today.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can 3rd degree official misconduct charge be downgraded after probation in NJ
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 25, 2020

If you already got probation that means that you plead guilty. Once you plead guilty you cannot then have your charges downgraded.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I Was Charged With Failure To Disperse, Now They're Trying To Reduce To Disorderly Conduct; The Body Cam Will Show

I Was Walking Away, and The Cop Sprinted Towards Me! Housing Authority and Body Cam Will Prove That; Is Pleading To Disorderly Conduct My Best Option??

Carl Scott Spector
Carl Scott Spector answered on Jun 24, 2020

Thank you for asking your question. In order to properly advise you, you and your attorney would need to review all the police reports, video and audio. I suggest that you consult with an experienced local attorney about your case.

-Carl Spector, Esq.

1 Answer | Asked in Consumer Law and Criminal Law for New Jersey on
Q: Is it legal to purchase paystubs and use them for renting
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 22, 2020

It could be considered fraud among other possible crimes. Never try to trick someone when they are giving you something of value in this case a rental agreement lets say.

1 Answer | Asked in Criminal Law for New Jersey on
Q: recently got into a fight with a delivery driver who was on a delivery i was wondering if i could get any extra charges

i had previously tried to fight him before he’s also 22 and i’m 17

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 19, 2020

Generally its the same as hitting any other person, but that can depend such as hitting a postal worker can be a federal offense which of course is much worse than a state offense.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I apply for a permit to purchase a handgun in New Jersey if my husband is a felon (conviction was for arson in 1986)

I have no arrest record or anything but I know he’s not allowed to possess a handgun just not sure if I can legally

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 12, 2020

You can apply but that does not mean that you will get it. However, more information would bee needed to answer your question, I suggest you speak with a lawyer if you want a gun to see how you can give yourself the best shot (no pun intended) to get the permit.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I ride my dirt bike on the shoulder of the road?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 11, 2020

The side of the road is still the road so I think you know the answer so make sure your bike is properly licensed to be on the road or any part of it..

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1 Answer | Asked in Criminal Law for New Jersey on
Q: If someone is arrested at 19 and sentenced at 22 for first degree robbery at 45 years under 85% N.E.R.A, does....

.... "Earn your way out act" change the parole date?

Regards

Fabienne

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 8, 2020

His original attorney would be the best one to ask as they know his case and how it would apply a new attorney would have to get up to speed on the case.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can you be charged with theft by unlawful taking in NJ if the property at issue is marital property?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 7, 2020

That would depend. A lot more questions need to be answered such as are are you temporarily separated is their divorce proceedings going on right now etcetera etcetera. Definitely get yourself a good lawyer most of us offer a free in office consultation if you are charged with an offense.

1 Answer | Asked in Criminal Law for New Jersey on
Q: If the narrative section of a criminal summons doesn't say "in violation of 2C etc" is it valid?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 6, 2020

We would need to see the complaint, but generally yes its valid, you are informed of exactly your charge when you go for your first court appearance. If you have any 2C charge, I suggest you immediately hire a good lawyer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Female is 20 years old and is being molested by a man who is 34 years old. Man says he wants to be sexually activew.her

He’s a 34 years old man and manipulates me in order so I can do whatever he wants. I need legal assistance since at this point I just don’t know what to do and the police in my county I got patience and expects something worst to happen until something worst happens. However, not he just did... Read more »

James A. Abate
James A. Abate answered on Jun 1, 2020

By all means if he is threatening someone with a gun police should be taking action. It sounds as if you would qualify for a temporary restraining order. It would be useful to consult with an attorney. If you cannot afford one contact North West Legal Services which provides legal assistance and... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: If a person is in prison for 10years but has to do 85% of that time. 8years and 6 months how can they be home in 2020

They went in 2014 and 2020 they say they are coming home. And the charges are Arm Robbery. How is that 85% of their time.

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

A lot of people near the end of their sentence were released early due to covid-19

1 Answer | Asked in Criminal Law for New Jersey on
Q: what is the punishment for Section 2C:20-11B(1)

$2.78 of merchandise was taken

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

If this happened in NJ the penalties would be up to 180 days in jail, 10 days community service and up to $1000 fine and a criminal record. I suggest that you set up one of the free in office consultations that most of us criminal lawyers offer. A good lawyer may be able to make this go away.... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is it robbery if the person tries to steal a cell phone from you but you fight back and don’t let them take the phone?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 21, 2020

More information would be needed to be known to properly answer your question. However robbery generally includes a threat of force or actual Force used. Theft does not require that force to be used just the unlawful taking of control of someone else's property.

2 Answers | Asked in Criminal Law for New Jersey on
Q: What is the penalty for charges 2C:36-2 and 39:4-34? They are both first-time offenses.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 19, 2020

The 2C charge is a criminal charge has up to 180 days in jail and a thousand-dollar fine and probation. The other charge in general has a $54 fine and possible community service. G

Thus because of these penalties I suggest you call one of us lawyers and set up one of the free in office...
Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Can a detective from one town obtain a search warrant and execute the warrant in another town?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 18, 2020

The answer and short is yes but an attorney would need to read the warrant to see if it's valid

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is N.J.S.A 2C:14-3B expungeable?. Was not a minor. Just a vindictive ex wife and she dropped charges but state pickd up
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 15, 2020

Generally yes, as you did hit on the major exception a minor, but an attorney would need to know all the information about the case to determine eligibility. Setup a consultation with an experienced criminal lawyer.

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