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New Jersey Criminal Law Questions & Answers
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
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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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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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

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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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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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

1 Answer | Asked in Criminal Law for New Jersey on
Q: If someone violates a restraining order and I feel my life in danger, could I get justifiable homicide if I killed him
Louis A Casadia
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answered on Jan 10, 2024

This question is a very fact sensitive analysis. The fact that you have a restraining order against the individual would not, by itself, justify a homicide. However, it would be one fact to be considered in determining if the affirmative defense of Self Defense applies. Self Defense in New Jersey... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Must a Title 39 summons be issued when the stop leads to an arrest, or would a warning suffice?

Is a law enforcement officer required to issue a summons for the traffic violation which is the probable cause for a traffic stop if that traffic stop leads to an arrest of one of the occupants or would a written/verbal warning be permitted? (Specifically pertaining to non DWI cases and cases where... View More

Jeremy M Lackey
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Jeremy M Lackey
answered on Jan 5, 2024

This largely depends on the circumstances of the arrest of the occupant. For instance, was the occupant arrested for something related to the traffic stop OR arrested for another reason (independent arrest warrant, possession of contraband or drugs, etc.). A roadside stop under New Jersey law and... View More

3 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: Is it best to hire a lawyer to help me file charges against the man that molested my minor daughter?
Louis A Casadia
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answered on Jan 10, 2024

You do not need to hire a lawyer in order to file criminal charges against this man. There are very limited benefits for you to pay an attorney to advice you on how and where to file criminal charges. Criminal charges are investigated by members of law enforcement and prosecuted in court by either... View More

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3 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: Is it best to hire a lawyer to help me file charges against the man that molested my minor daughter?
Richard Diamond
Richard Diamond
answered on Dec 29, 2023

I dont know if you are talking about criminal charges or filing a civil suit or both against this person but you should meet with a criminal law attorney to get a better understanding of what you will need to provide the police for purposes of pursuing criminal charges against him and you should... View More

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2 Answers | Asked in Civil Litigation and Criminal Law for New Jersey on
Q: i need to know about temporary restraining orders in new jersery

my tools were stolen by a former customers and because ive been asking for them back through text they have filed a restraining order. the best part is everything in the police report is ficticious and i can prove it. the bottom line is i want my tools back

Richard Diamond
Richard Diamond
answered on Dec 6, 2023

This does not sound like a domestic violence type matter (unless you were involved with this person in a dating relationship or lived together) - so not sure what type of temp restraining order was obtained against you but if this person took your tools, I would speak with the police about filing a... View More

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