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New Jersey Criminal Law Questions & Answers

2 Answers | Asked in Criminal Law for New Jersey on

Q: When facing a NJ 2C:40-26 is their in good outcomes besides jail espeically for a first time offender?

Can I apply for post relief conviction on my first dui? I have been going back and forth for this 4th degree charge for two years.

H. Scott Aalsberg Esq. answered on Jun 25, 2019

Avoiding jail is possible just not likely, but you need a good lawyer from the start and lots of luck to make it happen. At this point it may be too late.

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3 Answers | Asked in Criminal Law for New Jersey on

Q: How many steps and what can I do before the county criminal court summons

Attempting to elude. Police 2nd degree 2c : 29 2b

H. Scott Aalsberg Esq. answered on Jun 25, 2019

Your first step should be to hire a good lawyer you looking at 5 to 10 years in jail with the charge that you've mentioned. Most of us criminal lawyers offer a free in office consultation I suggest you set one up to get protected

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1 Answer | Asked in Contracts and Criminal Law for New Jersey on

Q: New Jersey usury concerning interstate commerce

I need to ask some questions if my case is actual usury and if there would be any exceptions for it

Bruce Alexander Minnick answered on Jun 19, 2019

Before calling a NJ lawyer, try Goggling "usury interest rates in new jersey." Warning: As in most states, there may be several different usury rates governing civil contracts for businesses and individuals, as well as several more criminal usury rates for business and individuals in New Jersey.

1 Answer | Asked in Criminal Law for New Jersey on

Q: I want to write a letter to the judge on behalf of my husband. How should a I go about doing that?

My husband was charged with AGG ASSAULT-ATTEMPT/CAUSE BI W/DEADLY WEAPON PURP/KNOW 3rd degree, POSS OF WEAPON FOR UNLAWFUL PURPOSE-OTHER WEAPON 3rd degree, and UNLAWFUL POSS WEAP - OTHER WEAPONS 4th degree. His first court date is June 20th and I believe its just for processing. We did speak with a... Read more »

H. Scott Aalsberg Esq. answered on Jun 18, 2019

It could help, it could hurt depending on what your write as for what you should write that would depend on the facts of the case. I suggest setting up a consultation with an attorney if you don't know how to write it or what to say but expect that attorney to charge you for his time and advice,... Read more »

2 Answers | Asked in Criminal Law for New Jersey on

Q: Second degree theft by deception for a person with no criminal record, what are the chances of serving jail time?

H. Scott Aalsberg Esq. answered on Jun 18, 2019

A second degree theft by deception charge has a presumption of incarceration for 5 to 7 years even for first time offenders. But a good lawyer may be able to reduce or elimate this for you so pick a good one to get the best results.

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2 Answers | Asked in Criminal Law for New Jersey on

Q: How close do you have to be to a window to be charged with peering in the window?

Leon Matchin answered on Jun 12, 2019

It depends on whether you are with or without binoculars and/or a telescope.

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2 Answers | Asked in Criminal Law for New Jersey on

Q: I wanted to know if fingerprint evidence needs to be handed over in Discovery

H. Scott Aalsberg Esq. answered on Jun 11, 2019

That would actually depend on the case but it is not normally given with your standard discovery.

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2 Answers | Asked in Criminal Law for New Jersey on

Q: What exactly is considered "peering" in windows. And how high is the burden of proof?

H. Scott Aalsberg Esq. answered on Jun 11, 2019

The burden of proof depends on the type of case but if it's a criminal case it's always beyond a reasonable doubt. If you're charged get a lawyer.

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1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Federal Crimes for New Jersey on

Q: Adp mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll

mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll accurately. Payrolls were voided immediately (proof can be provided by adp)

But taxes and paycheck monies were drafted out of my pnc account totaling over 200k my bank was... Read more »

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

You really need to seek an in person consultation where the attorney can see all the paperwork to give you a proper answer, but expect to pay for the attorneys time as that is not part of the normal criminal free in office consultation.

1 Answer | Asked in Criminal Law for New Jersey on

Q: Is there a criminal statute of limitations on this law? 2C:14-2

Trying to press charges against someone that molested a young boy between 1987-1993. Municipal police are useless and don't want to get involved, reports that statute of limitations is run out.

Steve Natoli answered on Jun 4, 2019

Pursuant to 2C:1-6, a criminal prosecution for 2C:14-2 may be commended at any time. This means that there is no statute of limitations for this crime.

2 Answers | Asked in Criminal Law for New Jersey on

Q: Hi, my son was waive as an adult he is 17years old.

He had multiple charges as a juvenile for carjacking, arm robbery, consp to commit carjacking, burglary, theft and three years ago he was charge Invasion of privacy cyber harassment, he was on probation and he went to a group home for therapy which he completed. When they waived him to the adult... Read more »

H. Scott Aalsberg Esq. answered on May 30, 2019

Due to the serious nature of the crimes he is probably not eligible. A lawyer would need to review his case however to give you an answer more than just a probable. However expect to pay that attorney for his time (hourly rate) to evaluate the case as you are seeking legal advise and attorneys... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on

Q: Hello - I was drunk at a bar in New Jersey and got a 91-2M code offense and a 2c332a code offense. Do I need a lawyer?

Kicked out for being drunk and was loud

H. Scott Aalsberg Esq. answered on May 27, 2019

Put it this way the 2C:33-2A is an offense which will give you the chance of jail, probation and a fine. If you make less than 125% of the poverty level even the judge will appoint you a lawyer called a public defender and this is because it is a petty disorderly offense and as I said you can be... Read more »

1 Answer | Asked in Criminal Law for New Jersey on

Q: I got pulled over last night and I had marijuana on me they charged me with knowingly or purposely obtain or possess 50

Gs Or less and use or possess with intent to use it is my first time being arrested or in trouble what should i do

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

You need to immediately hire a good criminal lawyer. This is still a criminal offense in NJ and will give you a criminal record in addition to the other fines and penalties you face which includes jail for up to 180 days, loss of license for 6 months (longer if found in a car) probation and a fine... Read more »

1 Answer | Asked in Criminal Law for New Jersey on

Q: Special Probation

Would a defendant be eligible for special Probation/2C:35-14, with a prior "aggr. assault"/3rd degree/2C:12-1b(7)... Present charge is a drug charge.

Mr. Aalsberg, Esq., what other info. would you need to better answer this question?

H. Scott Aalsberg Esq. answered on May 15, 2019

Maybe much more information would be needed to tell you what your chances are. either way I suggest you set up a consultation with a good lawyer and get represented as it's increases your best chances of getting the best result.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on

Q: I recently found out my daughter sells weed with her friends. A deal went wrong and a customer ran off with my daughers

hhh

H. Scott Aalsberg Esq. answered on May 11, 2019

This is a criminal offence which you should never discuss online or over the phone today, because it can be traced right back to you and thus to her. Set up a consultation with an experienced criminal lawyer that's your best bet to get the right Advice. It may cost a few bucks to discuss the... Read more »

1 Answer | Asked in Criminal Law for New Jersey on

Q: lying on a Pa. d.m.v document 7 years ago is there a limitation

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

I would suggest that you speak with a Pennsylvania attorney about this matter

1 Answer | Asked in Criminal Law for New Jersey on

Q: Special Probation...

The present charges 2C:35-10A(1), 2C:35-5A(1), 2C:35-7.1A, 2C:35-7A...and individual has priors, including a 2007 "Agg.Assault",3rd degree/2C:12-1B(7). Question, is defendant eligible for "special probation"?...

H. Scott Aalsberg Esq. answered on May 5, 2019

An attorney would need to know much more information to tell an answer.

1 Answer | Asked in Criminal Law for New Jersey on

Q: what steps need to be taken to be considered for special probation?...

H. Scott Aalsberg Esq. answered on May 5, 2019

Answer would depend on the offense charged with and your prior record if any.

2 Answers | Asked in Criminal Law for New Jersey on

Q: suppression hearings

Question...I recently had a pool attorney,and had a suppression hearing that didn't go well.

Now,I have a new Paid attorney,and my question is "can the suppression hearing be done over ,now that I have a new attorney"?...

H. Scott Aalsberg Esq. answered on May 5, 2019

Your new attorney would be the best to answer this question as we know nothing about your case. If you want a second opinion, you can always go to another attorney but expect to pay for the advise at the attorneys normal hourly rate, as the attorney would need to take about 1 to 2 hours of time to... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on

Q: I got arrested in New Jersey for drug paraphernalia, What does that hold ?

I am looking for a lawyer .. I am charged with drug paraphernalia of wax paper bags that are used to store heroin .. They did not find any drugs on me

H. Scott Aalsberg Esq. answered on May 4, 2019

Having drug paraphernalia is a criminal / disorderly persons offense in New Jersey and you face up to 180 days in jail, thousand-dollar fine, and probation as determined by the court. Many defenses exist for these types of cases. Thus I suggest you hire a good criminal lawyer. Set up one of the... Read more »

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