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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: what am I looking at as a first time offender for aggravated assault with an unlawful weapon, which was a 10 inch knife

I am being charged with aggravated assault third degree and possession of a deadly weapon fourth degree.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 16, 2019

It depends on the degree of the charges which you have not indicated, but generally 2nd degree carries 5 to 10 years in jail with a presumption of incarceration even for first time offenders. For third degree charges your looking at 3 to 5 years and for 4th degree (doubt your looking at that low)... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can a fiscal pretend to be the defendant's lawyer to get the truth?

I have a family member who was tricked by the fiscal; she stated she was his laywer and to tell her the truth. But in reality, she wasnt his laywer, she just wanted him to confess.

Gary Kollin
Gary Kollin answered on Oct 16, 2019

By this time your family member has a lawyer and should speak directly to the lawyer.

Also a "fiscal" is a prosecutor

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Can I withdraw my guilty plea of eluding police (car chase) if I fired my lawyer due to misrepresentation?

My ex-lawyer advised me to plead guilty to get into drug court (Zanex) because he said, "everyone gets into drug court once"!

So under his advisement, I pleaded guilty.

Also lack of urgency by my lawyer to obtain video tape of police assault and lack of obtaining Police video/audio... Read more »

Gary Kollin
Gary Kollin answered on Oct 15, 2019

You can try

If you withdraw it, can you win?

Police miscondiuct of the nature you describe is not a defense to drug possession

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can a civil contempt of a 100$ after his court case was dismissed? It was for her (judge) stating he missed his first

Court date and he didn't. He didn't have the 100$ and then she put out a warrant wit a bail of 1002$. The judge held the bailbondsman original bail and was ordered to pick him up in philadelphia and this is nj where all this is taken place can they even accept him at the jail for this

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 10, 2019

Not sure what your question is here but I don't see anything improper done by the court. As I always tell my clients never owe money to a court it just gets you in trouble

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: I was falsely accused of slapping someone that’s number 1 what do I do

This same person paid rent then decided to leave without notice and wants rent money back

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2019

You need to hire a lawyer to defend that charge otherwise you risk jail, probation and fines.

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: After paying his rent we had an argument and I was falselyaccused of slapping him left wants rent back
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2019

Unfortunately I don't see a question here.

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Can I obtain a gun permit for A misdemeanor disorderly person? I got 12 months of probation, settled in municipal court.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2019

The decision on whether you qualify is based on the Statue but more importantly on the chief of police in the town that you live in.

1 Answer | Asked in Criminal Law for New Jersey on
Q: what can b the charge for a first offender with no prior history charged with 2c:35-10A(4), 2c:35-7A, 2c:35-5A(1)

It was an exchange of marijuana under 50G for money

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 1, 2019

Your charges could be up to a 1st degree which means easily 20 years in jail. Generally they are not so he/she is looking at probably around 5 to10 years with a second degree charge and with a good lawyer generally less. When you have a Heroin distribution case which this sounds like in a school... Read more »

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a lawyer text you saying they’re pressing charges on behalf of their client?

Got a text from a number claiming they’re a lawyer pressing charges

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 28, 2019

Yes they can do it but it's not normal and not the proper way. You may want to consider a consultation with a lawyer but since you don't have any charges pending at this point expect that lawyer to charge you a fee for the consultation since you are seeking legal advice and not representation.

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2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: I was charged with 2C:35-10B Im undocumented should I bring a lawyer to court? Should I be worried about ICE? im 18

Just turned 18 09-05-19

James A. Abate
James A. Abate answered on Sep 27, 2019

Yes you should always retain a lawyer when facing a criminal charge. If you are undocumented, the stakes are even higher. There have been stories about ICE showing up to courts. I cannot predict if you will have issues if this is a first offense. I would retain a criminal lawyer and recommend... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: My brother is currently serving time for Bank Robbery. Has there been any Revision in the NERA Act that would cut his t?

Cut his time substantially?

Steve Natoli
Steve Natoli answered on Sep 25, 2019

Unfortunately, the No Early Release Act (NERA) has not been changed in a manner which would call for a reduction in your brother’s sentence.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I be charged with obstruction if I refuse to provide my name to a police officer during an investigative dentention?
Steve Natoli
Steve Natoli answered on Sep 25, 2019

Potentially you could be charged. It depends on all of the attendant circumstances. Scheduling a consultation with an experienced defense attorney will assist you in understanding whether or not you are likely to be charged.

2 Answers | Asked in Criminal Law for New Jersey on
Q: can my daughter( a minor) be charged with conspiracy to commit a crime, if I have proof that wasnt her intent.

i have text messages from one of the persons listed as a co conspirator, asking my daughter to go out and eat..when she showed up they trashed a building and then were questioned by police. She went out thinking she was going to dinner not breaking into a building. plz help

James A. Abate
James A. Abate answered on Sep 24, 2019

She can be charged if there was probable cause can be charged. If you have information that can form a defense hire a lawyer to advocate on her behalf.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was arrested for shoplifting with no intent to steal, total misunderstanding. I didn't try to conceal anything.

It is my first ever arrest. I offered to pay five times and tried to show my receipt and the fact that there were items in my bag previous to me entering the store. Should I get a lawyer? They removed everything from my bag and says it stolen, they wouldn't verify the items or ring them up in front... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 22, 2019

Yes you definitely need an attorney. Obviously you've tried to explain this first to the store then to the police that's two people what makes you think that you would do any better with the third person the judge. Get yourself a good lawyer. Most of us shoplifting attorneys offer a free in... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I be charged with obstruction if I refuse to provide my name to a police officer during an investigative dentention?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 21, 2019

Yes you can be charged if it happens hire a good lawyer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Should my cleaner have legal representation with her to meet a detective investigating a theft at another home?

She is a legal immigrant. The home owner does suspect she stole the jewelry.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 19, 2019

Yes your cleaner should definitely speak with an attorney before speaking to the police and probably even hire one. The minimum theft charge has up to 180 days in jail and $1,000 fine plus it can be a removable or deportable offense for an immigrant. Thus make sure she gets a good lawyer that... Read more »

2 Answers | Asked in Criminal Law for New Jersey on
Q: Looking for lawyer on Middlesex county Nj for 3rd degree terroristic threat charge that I didn't do or say

My wife started receiving calls and texts saying I was cheating with this person for 2 week's straight all day and night from numerous numbers blocked numbers etc... so one day after work my wife, daughter and I took a ride somewhere and another text with my car in my parking lot at home came in... Read more »

James A. Abate
James A. Abate answered on Sep 10, 2019

We are not permitted to solicit business on this site. So you need to look around and contact lawyers that interest you. Many cases are filed and a great many are shams. My firm recently represented a Giant's player who was accused of domestic violence and we were able to have the TRO dismissed.... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I got a ticket for hindering - give false information. What would I be charged with in court?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 10, 2019

The answer depends on the degree that you were charged with as it ranges from a 2nd degree crime to a possible disorderly persons offense. A lawyer would need to see your charges, but here are the different penalties you may face:

Second degree hindering apprehension: punishable by jail...
Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Criminal Law and Federal Crimes for New Jersey on
Q: I have a signed one year residential lease with my tenant. He has only paid initial month and deposit. He did not have e

He did not have employment like he told me so he knew he would not have the rent when he signed. He has a history of bad debt, judgements for non payment, jail for check frauds, etc. Is there anything criminal for bad faith entering into the lease knowing he would not be paying?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 6, 2019

Unfortunately you should have done a background check prior to giving the lease.

2 Answers | Asked in Criminal Law, Family Law and Federal Crimes for New Jersey on
Q: can a 19 year old press charges on his own father?
James A. Abate
James A. Abate answered on Sep 3, 2019

There is nothing to prevent a person of majority from seeking either a TRO or FRO against a family member.

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