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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I take a possession charge for someone if I wasn't present at the time drugs were found?

Found in my car which my boyfriend was driving at the time of arrest.

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 26, 2022

The answer to this question depends on the specific facts of the case and, perhaps more importantly, prosecutorial discretion.

2 Answers | Asked in Criminal Law for New Jersey on
Q: I am a crime victim. Will the attorneys/judge consider that when I report to jury duty?

I live in NJ. I am a crime victim. One defendant pled guilty to other charges and the charges related to my case were dismissed. Second defendant pled guilty and is currently on probation and paying restitution to me. Third defendant is a fugitive (so, open case). I appeared in court and made... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 26, 2022

Being a crime victim is not a reason to be excused for jury duty, but a criminal lawyer may not want you on the case because of it. However, that being said generally you won't be on the only one on the jury that is a victim of the crime. In the last few years more and more people seem to be... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I am a crime victim. Will the attorneys/judge consider that when I report to jury duty?

I live in NJ. I am a crime victim. One defendant pled guilty to other charges and the charges related to my case were dismissed. Second defendant pled guilty and is currently on probation and paying restitution to me. Third defendant is a fugitive (so, open case). I appeared in court and made... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 26, 2022

You ought to have the opportunity to tell the judge. If I were defense counsel, I would ask that you be excused for cause.

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1 Answer | Asked in Criminal Law, Business Law and Communications Law for New Jersey on
Q: Can I legally record a phone conversation in the state of NJ or NY without the other person’s knowledge?

I am in NJ and the other participant is either in NJ or NY.

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Yes, NJ is a one person consent state, but I cannot advise you about NY law. Good luck.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a 14 1/2 year old who gropes 12 year old multiple times against his will be held liable under this statute?

Specifically, can the 14 1/2 year old be convicted under the child endangerment stature?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 19, 2022

Your failed to mention any statute in your question but generally just like an adult a 14 year old will be liable for their actions

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a 14 1/2 year old who gropes 12 year old multiple times against his will be held liable under this statute?

Specifically, can the 14 1/2 year old be convicted under the child endangerment stature?

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 19, 2022

To answer this question, more information is required. An attorney, upon entering his or her appearance in court on a client's behalf, can demand and obtain the discovery. The answers to questions like this depend on the discovery provided by the State. This is preferable to speculating about... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Charged with 39:3- 29A for the third time. What am i looking at legally
Michael A. Smolensky
Michael A. Smolensky
answered on Jun 12, 2022

A person charged under N.J.S.A. 39:3-29a faces fines and costs totaling $190, and possibly up to $440 if the person is a driver or operator of an omnibus. It is a good idea to speak on the telephone to a lawyer to review all the details.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was in a hospital and was charged with cds ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 7, 2022

Just because you're in a hospital does not mean that you're immune from getting a drug charge. That being said based on the facts of your case you may have a defense. I would suggest that you set up one of the free in office consultation that most of us criminal lawyers offer.

1 Answer | Asked in Consumer Law, Copyright and Criminal Law for New Jersey on
Q: Is it legal to buy counterfeit jerseys for personal use ? What statute or act states or enforces such act ?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 7, 2022

Assuming that you mean jerseys bearing the registered trademark of a sports team, it is the seller of infringing goods who is liable for the trademark infringement, not the buyer.

2 Answers | Asked in Criminal Law and Tax Law for New Jersey on
Q: Potential outcome for breaking & entering by breaking a door, simple assault on adult, breaking TRO, IRS tax fraud

I am looking for information on the potential outcome for the above. There was harm done to a child and involvement of DCPP, the assault done to the child has not been established in court due to postponement. I am curious about this outcome as it will severely affect parental time and the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 30, 2022

Jail time certainly looks like it is almost certain for the above offender as this person has multiple charges that could lead to that. That being said everything depends on the facts of the case and how good of a lawyer the defendant hires and lastly never under estimate luck.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it illegal to use the General Power of Attorney, when in fact the principal is now incapacitated?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 30, 2022

An attorney would need to review the power of attorney document to properly answer your question to determine whether the powers remain effective after the onset of a disability. Every attorney will write, the power of attorney to the clients wishes and the word general is just that general and... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for New Jersey on
Q: do students under the age of 15 have to be questioned with their parents present by a guidance counselor?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he/she may be charged with something, setup a consultation with a lawyer. It... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: Must a parent be present when a guidance counselor asks questions that can incriminate a 12-year-old student?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he may be charged with something, setup a consultation with a lawyer. It may... Read more »

2 Answers | Asked in Criminal Law for New Jersey on
Q: If you bought a air rifle/pistol from pa not knowing you had to get it registered for New Jersey where you live

I have a nj firearms permit but not for the air powered gun/ pistol

James A. Abate
James A. Abate
answered on May 25, 2022

New Jersey does not have fire arms licenses. You need an FID card to purchase guns or ammo. But to safely posses in your home, business or gun range there is no license required. The danger lies in possession outside the home, office or range. That requires a carry permit and failure to have... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: A CDS distribution charge from 2018 I pleaded guilty to. Probation. Would it ever be available for expungement? NJ STATE

Finished probation in 2019. This is the only charge (I have a couple misdemeanors plus 2 other felonies ) that comes up on background checks and screws me. Would this ever be available to be cleared from my record? I’m in Monmouth county of nj.

James A. Abate
James A. Abate
answered on May 15, 2022

You can only expunge one felony aka indictable crime and up to five misdemeanors aka disorderly persons offenses. As far as expunging a distribution conviction, 1st or second degree can never be expunged. You can expunge for the sale or distribution with intent to sell 25 grams or less of... Read more »

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3 Answers | Asked in Criminal Law for New Jersey on
Q: Can I drop a investigation for b & e

I had a family member Break into my home and steel stuff I called the police but know I don’t want the police to further investigate But I am scared of police Retaliation because I’ve had bad experiences

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

You can't drop a police investigation, what you can do is tell them its a mistake if it was, but if they find that you are or did lie to a law enforcement officer you can get in trouble. I suggest that you setup a consultation with an experienced criminal lawyer to determine your best options... Read more »

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1 Answer | Asked in Criminal Law and White Collar Crime for New Jersey on
Q: New Jersey Law-Property (corporate documents) & Theft of Property. Potential plaintiff Civil Complaint US Dist. NJ.

Possible plaintiff litigation: Civil Complaint of Theft of property (misappropriated corporate documents that include confidential R&D data, methods, procedures, formulars et. and life science data developed under DOD grant and contract) and Conversion (concealed) by former company consultants... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 4, 2022

With those type of allegations, I would suggest that you setup a consultation with a good lawyer.

3 Answers | Asked in Criminal Law for New Jersey on
Q: Hi if someone sold some drugs when they were 14 4 years ago is there any possibility they get arrested for it
Michael A. Smolensky
Michael A. Smolensky
answered on May 5, 2022

Though unlikely, a possibility exists. More information is required. Based on the limited information available in the question, the issuance of a Juvenile Delinquency summons or warrant follows the filing of a complaint, a review of the complaint to determine whether it satisfies the requirements... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: How long will a FIRST TIME offender get in jail for 2C:39-4D

Kitchen knife was the weapon of choice.( domestic violence)

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 27, 2022

This is generally charged as a second degree crime thus the offender faces 5 to 10 years in jail with a presumption in the law that the person will go to jail. This is especially true for domestic violence cases. A good lawyer should be able to help you reduce or eliminate this jail time if your... Read more »

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: What happens after a contempt of a DV order is written on a report.
Richard Diamond
Richard Diamond
answered on Apr 20, 2022

I am guessing that you have a domestic violence restraining order (temporary or permanent) and you reported a violation of that order to the local police, who took a report. Presuming that I am correct, the next step is for you to follow up with the local police to find out whether they... Read more »

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