New Jersey Criminal Law Questions & Answers

Q: How are some people getting accepted into the drug court program with third degree aggr. assault charges?,N.J court

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 16, 2019
Leon Matchin's answer
You don't have the luxury of firing a pool attorney. Your only move is to hire your own attorney. Every case has a life of its own. Many defendants are quick to blame their lawyer but more often than not it's the defendant's criminal case history, attitude and demeanor that prevents their lawyer from getting them the best possible result rather than the other way around. Truth is that trial lawyer can do the appeal he just doesn't want to because he's not getting along with you or he doesn't...

Q: Can I be charged criminally if kohls never recovered the merchandise?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 14, 2019
H. Scott Aalsberg Esq.'s answer
We are not supposed to give specific legal advise on this site on what to do, but you can setup an in office consultation with an experienced lawyer. What I will say is that arguments exist on both sides on whether or whether not to pay it. Either way I would contact the court in which the store was in to see if they filed a criminal complaint for shoplifting against you.

Q: Trying to find out what I'm charges with using a indictment number

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Answered on Jan 14, 2019
Leon Matchin's answer
Call the superior court in county where you're charged and ask speak with records department and give them the indictment number and they will tell you your charges.

Q: Difference between a conviction and a charge. How long can you be detained without a conviction?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 12, 2019
H. Scott Aalsberg Esq.'s answer
A conviction is when you have been found guilty. A charge is something you get and then have to go to a trial on. You can be detained in general for more than 90 days without an indictment unless the prosecutor can find good cause then its even longer.

Q: Can my son go to jail for a violation of PTI?

1 Answer | Asked in Traffic Tickets, Criminal Law and Municipal Law for New Jersey on
Answered on Jan 10, 2019
H. Scott Aalsberg Esq.'s answer
Yes it is possible he could go to jail, but much more information would be needed to assess what would happen in his case. I suggest you speak with the lawyer who handled his PTI CHARGE as he would know best, or setup a consultation with a new lawyer if you were not satisfied with your prior lawyer.

Q: My son is 17 and a certified emt on a nj ambulance squad. He was arrested for a stem in his car. Can he be kicked off?

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Answered on Jan 6, 2019
H. Scott Aalsberg Esq.'s answer
The answer to this depends because generally you need a license to be an EMT they could kick him off the squad however will they find out is the question you may have to tell them anyway. Your best bet is to get a good lawyer to fight the case you may have a defense and even if he doesn't things can be done to help minimize the penalties he will face.

Q: Can police arrest me for illegal possession of a firearm even if they don't find any evidence of a weapon?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 4, 2019
H. Scott Aalsberg Esq.'s answer
Sure they can probably arrest you, but can they prove the case that is another story. Police arrest on probable cause

Q: i no longer wish to go to drug therapy ordered by my dyfs worker. the only finding is my positive marijuana test.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for New Jersey on
Answered on Jan 3, 2019
H. Scott Aalsberg Esq.'s answer
Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.

Q: My husband is being falsely accused of a serious crime there’s evidence ruling his innocence.when will he be released

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 2, 2019
Leon Matchin's answer
If he already had a detention hearing and Judge kept him you'll need an attorney to file a new hearing request. If the court still keeps him in jail then he'll be there until the trial and if acquitted he'll leave.

Q: I have been summon to court to answer complaint by my Church Pastor under the following. How do I obtain legal counsel

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Dec 24, 2018
H. Scott Aalsberg Esq.'s answer
Call a lawyers office and ask for a consultation go over the case with that lawyer and he or she will tell you what the cost will be

Q: aif someone's on drug court in nj then go to a psychiatric unit can drug court get records without a written release

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Answered on Dec 20, 2018
H. Scott Aalsberg Esq.'s answer
You generally sign this form when you entered the program but even if you didn't the judge can order its release.

Q: How can I fight a 4th degree felony for driving while suspended for 2nd dwi? Is their a mandatory sentence?

2 Answers | Asked in Criminal Law and DUI / DWI for New Jersey on
Answered on Dec 19, 2018
H. Scott Aalsberg Esq.'s answer
You can only fight it with a lawyer and not many defenses exist at all. The Maximum sentence is 18 months in jail and the minimum is 6 months jail. If you get really lucky and have really good facts and your in an easier county such as Essex you may just get lucky and be able to get PTI which could keep you out of jail if you were an exceptional person and had no prior criminal record whatsoever. But again that chance is very slim even in Essex the county most consider to be the easiest and...

Q: In New Jersey if I get pulled over and the police smell marijuana do they need a search warrant to search my car?

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Dec 15, 2018
H. Scott Aalsberg Esq.'s answer
The smell of marijuana is enough for probable cause to search the car. However other better defenses may exist so make sure you get a good lawyer.

Q: If I was arrested at 17 but my court date is set for when I’m 18 do I need to bring my guardians.

2 Answers | Asked in Criminal Law and Juvenile Law for New Jersey on
Answered on Dec 14, 2018
H. Scott Aalsberg Esq.'s answer
More information as to the crime and the court you are in, but generally yes. However either way if you have a criminal charge you need a lawyer.

Q: Hello, hope everyone is well...can someone explain to me exactly what these charges are? 2C:28-7al Thank You.

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Dec 13, 2018
H. Scott Aalsberg Esq.'s answer
This charge is Tampering with Public Records assuming 2C:28-7A(1), which in NJ is a third degree crime generally subjecting the offender to up to a $15K fine, jail of between 3 to 5 years and probation as determined by the court. If charged make sure you get yourself a good lawyer this is serious charge with serious consequences. Most of us criminal lawyers offer a free in office consultation, I suggest that you set one up if you got this charge.

Q: what statute would it be for charging someone with harassment

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Dec 13, 2018
H. Scott Aalsberg Esq.'s answer
Depends on what the harassment is it could be either 2C:33-4 or 2C:33-4.1 both of which carries the possibility of jail and a criminal record if convicted.

Q: Did the Attorney General of NJ violate his Oath by ordering all Law Enforcement Officers not to cooperate with ICE?

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Dec 8, 2018
H. Scott Aalsberg Esq.'s answer
Depends on who you ask, if you ask my opinion yes, if you ask another lawyer they will tell you no, ultimately it is up to a judge and then that will be determined according to Trump on who appointed them.

Q: Would they get any where for pressing charges to a 7 year old?

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Dec 5, 2018
H. Scott Aalsberg Esq.'s answer
Maybe everything depends on the township that you're in and how strict the school district is and what they would require which is many times counseling.

Q: How do i find out court date and time for someone on Drug court and in county jail with a VOP?

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Dec 5, 2018
H. Scott Aalsberg Esq.'s answer
You can call the court and ask it's a public record.

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.