Lawyers, Answer Questions  & Get Points Log In
New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and White Collar Crime for New Jersey on
Q: An attorney friend gave me free legal advice - is now trying to use the confidential information I gave him against me

He’s just an attorney and he told me I can ask him any advice and now he’s trying to use it against me because we’re not friends anymore. Threatening to go to the authorities

Noel Rivers
Noel Rivers answered on Jan 9, 2021

Additional facts may be needed to provide a thorough answer. The short answer is no. If you sought legal advice from your friend and he provided it, a confidential attorney-client relationship is formed even if you never hired your friend to represent you. All communication with him that falls... Read more »

4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Leonard R. Boyer
Leonard R. Boyer answered on Dec 1, 2020

You really need to retain an experienced matrimonial attorney to obtain a Final Domestic Violence Restraining Order against him and contact the municipal prosecutor to file criminal charges against him. During this pandemic, you have a choice of either seeing your attorney in person or by way of a... Read more »

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I own a gun if charged w/ assault & battery, but case dismissed after taking anger management counseling?
James A. Abate
James A. Abate answered on Nov 23, 2020

It really is going to depend on the exact nature of the charges and how they were resolved. If it was a clean dismissal with expungment of the arrest, maybe. But I can see "anger management" getting flagged as a mental health exception. Without a criminal record there is nothing to... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What are the reasons that a prosecutor can withdraw a plea ?

The prosecutor prior to sentencing realize you made a mistake and now she wants to send it back to Grand Jury the defendant did nothing wrong and changed nothing

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 22, 2020

In general If you talking in regards to a plea bargain, they don't need a reason to withdraw a plea unless the plea deal was already accepted by the defendant in court.

1 Answer | Asked in Criminal Law for New Jersey on
Q: can a 34 year old man go to jail for having a sexual relationship w a 16 year old girl in new jersey?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2020

Yes, the crime is called endangering the welfare of a minor so don't go out with her. If you have already done this and have been charged get yourself a good lawyer

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: If the person doesn't want to press charges on me can i still go to jail?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2020

Depends on who filed the charges, if filed by the police it generally doesn't matter what the victim wants.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: I committed a felony for the first time ever, I have no criminal record at all. It was a third degree, and I'm a minor

I am 16

What may be the outcome? If I am charged.

The company said if I pay back the money that will be the end. It was a civil demand letter to be exact. They said they will not press charges or get the cops involved but I just want to know what can happen.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2020

If they keep their word and don't file charges nothing will happen to you.

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is a defense to a cop changed with assault. The cop was caught on camera hitting a man

A cop was on video hitting a man the man was telling the cop to hit him and calling the cop names so the cop slapped him.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 14, 2020

We would need to see all the evidence in the case to determine the best defense. That is why by law the prosecution must show the defendant the discovery prior to the trial of the case so a proper defense can be determined based on all the facts of the case for which we have none.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I send photo of document I have a question on my nephews sentence he seems to think it’s an illegal sentence
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 14, 2020

You should never send a document like that over a public website. If you need a lawyer to give you a second opinion on a case, you should seek out a lawyer for a second opinion and bring the document with you, otherwise you should ask his lawyer.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for New Jersey on
Q: I am a minor, and I may be charged with a 3rd degree felony. The amount of money that was taken was $6,000 from my job.

What may be the charges and what can happen.

The company said they would not press charges, but it wasn't on paper.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 14, 2020

It would be the same as if you were an adult. It's a third degree case which subjects you up to 3 to 5 years in jail $15,000 fine probation and restitution as required by the court. If you do get charged to make sure your parents hire a good lawyer for you to reduce or eliminate these penalties.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I’m am trying to get my case files which where opened in late 80s early 99s regarding attempted murder and allegation

I am the child who put forth the claim against my mother at the time the school unattended was involved and saved my life they called glouster county west division and I had a case opened but she the mother closed it I need the records for closure and to see if I can finally have some justice I’m... Read more »

Richard Diamond
Richard Diamond answered on Nov 5, 2020

I am not sure what type of court file you are seeking to gain access to but your starting point for access to “Closed Records” for old Criminal Court Cases and old Family Court cases is to county courthouse in the county where the court matter took place. When you call, ask who you need to... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: My husband is being held on a theft charge out of pa in the state of nj. Can a judge release him from nj jail?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 1, 2020

Yes but generally that will need to be a Pennsylvania judge. Speak with an attorney because unfortunately we don't know any facts of this case to give you a certain answer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I signed a plea deal to a fourth degree. Judge signed problem is their no fourth degree illegal wire taping charge

The cops charged it right on the green sheet

Awaiting sentencing. My attorney told me i hade to resign my plea i asked why he said their was a typo i asked where. I am now pro.say. until i find a attorney

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 26, 2020

I think you are on the right track you need to find another attorney. We are not supposed to give specific legal advise on this site. I suggest that you setup a 2nd opinion consultation with a lawyer, it may cost a few bucks for the lawyers time, but it may be well worth it for you.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Whats the difference between charges 2C:35-10A(4) and 2C:36-2
Paul Ferrell Jr
Paul Ferrell Jr answered on Oct 22, 2020

The first makes it a disorderly offense to possess marijuana and the second outlaws possession of drug paraphernalia- such as hypodermic needles and marijuana smoking pipes . Both are disorderly offenses.

View More Answers

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: Can I get arrested if my parent forces me to take and buy drugs?

So basically my mom made me buy/take street xanax. So she gave me money for me to buy the xanax and she told me what to ask for and when and how much. When i did find someone who had it and i told my mom about that and showed her what the person was saying. “i” (my mother) said yeah i’ll buy... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2020

Yes you can get arrested as you are committing a crime and so is your mother. The same as if your mother asked you to shoot a gun at a person, just because someone told you to do it, does that mean that you have to listen or that you have immunity from prosecution. By the way it is a crime for... Read more »

2 Answers | Asked in Contracts, Criminal Law, Elder Law, Estate Planning and Probate for New Jersey on
Q: Lawyer drafted a trust, will and POA document. Less than two years later POA/Trustee is being taken to court by benefici

Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 19, 2020

You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: My fiance is being held in county jail waiting for a detention hearing. They wrote the wrong date on the paperwork

They forgot to take into account the holiday. Can he demand to be seen today?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 13, 2020

Yes he can ask to be seen today, Generally you do get to be seen the next business day, but it depends on how busy the court is being we are still in a pandemic.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I’m out on pretrial awaiting court. During this time I got into a fight and am now being extorted or else they’ll charge

Extorted for money to fix the damages made to his car during the fight between me and him. The fight occurred 3 days ago. Can he still file a report and can I still get in trouble? Or will he for extorting me if I go to the police first

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 12, 2020

Much more information is needed to properly answer your question. I suggest that you setup an in office consultation with a lawyer. Note that it is not extortion to ask someone to pay for your damages the other caused and anyone has the right to go to the police if they feel a crime has been... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Application question asks "Have you ever been convicted of a felony" and, if so, "Explain your felony conviction".

Daughter who does have some judgments against her that are marked 'DP' in the degree block of her "Judgment of Conviction" form. The 'DP' I believe refers to 'disorderly person'. That is not a felony, correct?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 11, 2020

Bring your form to a lawyer to determine the correct answer, the problem is that a DP offense can go on your CCH where some organizations may consider it the same as a felony.

2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for New Jersey on
Q: Can a member of a NJ LLC without an operating agreement authorize the sale of real estate without consent ?

A member (35%) ownership wanted to sell an income producing property. The member gave power of atty to their son who put the property on the market with a licensed real estate agent. The other members each owning 34.5 % each (65% total) were opposed. There wan never a meeting in person or over... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 9, 2020

Without a court order if the other parties disagree this would be improper. The other 2 members should definitely get a lawyer to protect their rights.

View More Answers

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.