I have a restraining order on someone and they violated it using a text now number but the cops are trying to see if it gets pinged back to my phone
I received a summons when I was arrested last, if they were to find something on the phone would I be arrested again or would it go to court... View More 
answered on Sep 4, 2023
Yes, generally if you have a restraining order against you and they find something to show you have contact with the victim, you would be arrested on a warrant and can even be held over until trial. Get a lawyer if you think they may find something, especially one good with hiring and using a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
No, supervised parole under New Jersey's No Early Release Act (NERA) is not the same as standard parole for inmates being released. NERA is a law that requires certain offenders to serve a specific percentage of their sentence before becoming eligible for parole. Offenders subject to NERA must... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023
In New Jersey, if you have pleaded out to a sentence of up to 90 days in jail and probation for charges of resisting arrest and obstruction of justice, the exact outcome can depend on various factors including your prior criminal history, the circumstances of the case, and the discretion of the... View More
A cop pulled up behind me while i was sitting in my car talking to my girlfriend. He made me and my girlfriend get out of my car and wanted to search my car and made me perform a field sobriety test. He did not pull me over while i was driving, we had just gotten in the car and were about to leave... View More
answered on Aug 22, 2023
Each case is fact dependent, just because your car was on for over 3 minutes does give him the right to stop you as it is a violation of the law,but not the right to test you for a DWI, he would have needed some other articulable reason.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2023
The amount of time a police officer can wait to call in a K-9 unit during a traffic stop can vary based on the specific circumstances and laws in your jurisdiction. Generally, officers must have a reasonable suspicion or probable cause to believe that there's illegal activity or contraband in... View More
Hello,
Someone hits a parked car while pulling out of street parking and thought there was no damage on the other car. He just checked the car from rear mirror and left the scene.
A police officer called after a few days and said the car had camera and reported very minor damage.... View More
answered on Aug 5, 2023
You better tell your friend to hire a good lawyer. Your friend is facing up to 30 days in jail and 6 months loss of his license and some fines. If convicted which it sounds like it would be easy for the state to do, due to the video evidence, these penalties are a real possibility without good... View More
This is simply out of curiosity based on a video I saw today.
answered on Jul 27, 2023
New Jersey law recognizes defense of oneself as justification for conduct that would otherwise be considered criminal. One thing that many people seemingly fail to realize, however, is self-defense is not self-executing. This means that a person can be charged, for example, with assault even if he... View More
My friend and I were at Applebee's when she had 2 double shots of tequila and a Margherita. As I was walking her out of Applebee's and to my car, I had to adjust my grip (I was helping her walk) when she fell and hit her head on the sidewalk. She's now saying I assaulted her. Help me please!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2023
If this happened in New Jersey, and a complaint was filed against you for a Temporary Restraining Order, then you really need to retain and experienced matrimonial attorney with extensive domestic violence trial experience. If there are also separate charges against you for assault in municipal or... View More
He was found guilty but has not been sentenced. I wasn't able to be present for any of the trial except for my testimony. I am a resident of PA but the crime and trial happened in Hunderton county NJ.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2023
You may have the right to request the transcripts of the trial proceedings. The availability and process for obtaining trial transcripts can vary depending on the jurisdiction and the specific circumstances of the case. In New Jersey, you can generally request trial transcripts from the court... View More
After an argument between my wife and I over divorce discussions, I left the house and drove away. My wife called the police and reported domestic violence on the grounds I threatened to kill myself with a gun. When police arrived, guns were in locked cases. My wife surrendered them to the police.... View More
answered on Jun 16, 2023
By virtue of you asking the question, tells me that you cannot / should not represent yourself in your divorce matter since you are going down the wrong path.
When ANYONE files a domestic violence complaint, the 1st question the police ask is whether the person accused of domestic... View More
answered on May 24, 2023
There is no requirement that a DA give you an offer. Typically the DA will say their offer is "plead to the sheet". This means that you can just plead guilty to every single thing they've charged you with. A DA has broad discretion to settle the case and is not required by law to... View More
answered on May 24, 2023
There is no such thing as a motion to dismiss for a witness lying. Typically, the credibility of a witness can be attacked through skilled cross-examination by a defense attorney. The jury gets to decide whether to believe this witness. This would be a factual issue to be determined by a jury as... View More
answered on May 5, 2023
If your ex is refusing to comply with an order for parenting time, then you will file an application with the court to compel compliance/sanctions against your ex for her / his actions. The court does not take action on its own because of a claim of interference. The judge hearing your application... View More
She was not aware that the weapon, a collapsible baton, was in her carry-on luggage. She was in the process of catching a business flight to Cincinnati, Ohio on behalf of her flight school. She is 22 years old, a certified commercial pilot, and working to get her degree in Aeronautical... View More
answered on Apr 11, 2023
While her lack of record makes her eligible to apply for the Pre-Trial Intervention program, if accepted that potential dismissal will take a minimum of 12 and maximum of 36 months and require at least some effort from her. Just having a pending charge in the event of a background check may be... View More
answered on Mar 11, 2023
Per the terms of service of this website, we cannot give you specific legal advise on this website, so I will talk generally, you are allowed to make a citizens arrest when someone steals from your store, while you await for the police to come. just you better be right otherwise the shoplifter may... View More
I live in an apartment building across the street from a government building. People constantly park in residents spots for the apartment building and run across the street to the government building. Property Management says us residents have to call the local police department and have the cars... View More
answered on Mar 4, 2023
Two issue. The first being is whether or not the landlord has posted the appropriate signage about improper parking. The second is whether the two lease spots are included in the lease. If so, you, you are entitled to quiet enjoyment. This places a burden on the Landlord's shoulders to monitor... View More
Is this considered coercion? How to vacate civil restraints without plaintiff agreement?
answered on Mar 4, 2023
1. Plaintiff has obtained a domestic violence temporary restraining order against defendant
2. Defendant violated the domestic violence temporary restraining order by contacting plaintiff
3. Plaintiff now says to defendant that if he does not agree to the imposition of a civil... View More
Is this considered coercion? How to vacate civil restraints without plaintiff agreement?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2023
You cannot easily vacate civil restraints. You would need to retain an experienced matrimonial attorney, with extensive domestic violence trial experienced and that attorney would have to show you meet the critieria of The seminal case setting forth the “good cause” standard in New Jersey is... View More
answered on Feb 13, 2023
We are divorce, family law and estate planning lawyers. You need to contact a lawyer who specializes in criminal law and ask him to see if he can investigate it. Presume that it will cost you to find out the information. Alternatively, you can ask a private investigator if he can find out the... View More
answered on Feb 2, 2023
The answer is the time depends on the crime committed and the prosecutor does not necessarily have to indicte you to charge you with a crime. If you think you may be charged with a crime speak with a lawyer, if you are already charged most attorneys offer a free in office consultation if you... View More
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.
