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New Jersey Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 8, 2019

Generally a case like this would be downgraded to municipal court because the proofs against the defendant are weak. Prosecutors know that the conviction rate in Municipal Court is much much higher than in Superior Court especially for theft charges.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: My son applied for isp after violated the first time can he still get aproved

He was on isp in past violated and parole turned him down and got in trouble went to lockdown for 8 months

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

Unfortunately we would need to know a lot more about his case before we can give you a certain answer. If it's really important to you I suggest setting up a consultation with a lawyer but his lawyer would know the most

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: What is the difference of being charged in municipal court in NJ vs being charged in Superior Court for $5200?

Theft by deception charge, Middlesex County, NJ. Thx for your answer. However, it is actually being heard in Municpal Court, NOT Superior Court. The charge is for the Amt. Stated. Why is it being heard in Municipal Court?

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

A very big difference in Municipal Court you're only subject up to 180 days in jail and up to a thousand-dollar fine. However the amount taken must have been under $200 to be in Municipal Court. Amounts taken over $200 and up to $500 is in Superior Court and subjects the offender to up to 18... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Must a nationwide charity answer questions about a Georgia donor's fundraiser being posed by GA detective w/o a warrant

We feel the detective is on a fishing expedition for personal reasons. Must we respond?

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

Best to speak to a lawyer and an in-person consultation to be covered by the Attorney Client Privilege. Especially if you may have done something improper

1 Answer | Asked in Criminal Law for New Jersey on
Q: if i have a party at my house with alcohol and my parents are home could they get in trouble even thought they don’t no

if i have a party in my basement and there’s alcohol there but my parents don’t know about it and we end up getting caught by police or another family can my parents be charged with anything even if they didn’t know

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 3, 2019

Yes in NJ they could definitely get in criminal trouble and so could you.

1 Answer | Asked in Juvenile Law and Criminal Law for New Jersey on
Q: My ex wife is allowing our 15 year old daughter to date a 19 year old man. If this continues can I file charges?

I just found this information out. Can I press charges against this young man if he refuses to stop seeing her, and can I press charges against my ex wife for child endangerment?

Leonard R. Boyer
Leonard R. Boyer answered on Nov 29, 2019

Yes you can file charges. There is a long list of possible criminal charges that can be filed against both the 19 year old and your ex-wife. The sooner you take action the less danger your daughter will be in. Good luck.

1 Answer | Asked in Criminal Law and Personal Injury for New Jersey on
Q: A person stole my debit card and took all my money. Can I press charges after a year passed??
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 29, 2019

Yes you can still press charges since it is generally at least a 4th degree crime but ask the police.

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for New Jersey on
Q: Credit Card Fraud: What can the outcome be if I have more than enough evidence?

A woman that I know had stolen my credit card and used it at multiple different stores (11-13 stores). I have more then enough evidence: messages of her sending my card information to another women, email receipts of food deliveries that were sent to the apartment that she was staying at, also... Read more »

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

In any case the outcome is always the same until it comes out of the judges mouth that no one knows. Thus it can be guilty or not guilty. Based on what you have presented it sounds like it would definitely be a guilty

1 Answer | Asked in Criminal Law, Immigration Law, Divorce and Family Law for New Jersey on
Q: What can I do if my stepmother is hiding my resident card and pretending she doesn't know about it?

I've been having trouble with her for a while. My documents went missing for at least 2 weeks from where my father and I usually put them. My father ask my stepmother if she knows anything about it and she said no but sent him looking directly where they were in her room. My passport and social... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 23, 2019

Short of applying for a replacement green card, you could file a police report.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi i have court this week for two charges that happened last week, one being a small amount a crack found on me

That was my friends, the other being a tresspassing charge. N.J.S.A. 2C:35-10A(1) AND 2C:18-3B. Ive never been in any legal trouble ever and ive been habing a very rough time since june and im really stressing out about this and im very nervous about court on thursday. Do i need a lawyer or public... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 13, 2019

Of course although you've told us what you are charged with, you have not given us the violation numbers but in general you'd be at least looking at a third degree crime which can carry 3 to 5 years in jail. This is just the penalty foremost crack charges. Do you need a lawyer that is up to you... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Im interested in buying a device but im not sure what section it falls under NJ law, EPMAD or otherwise.

The device is question is known as a "Onewheel". It is a self balancing board with an electric motor, and only one wheel. The model I want has a top speed under 20 mph, other models have a top speed under 25mph. I was hoping for clarification if the device needs to be registered and insured or if... Read more »

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

You need to call NJ MVC to determine the answer to your question to which even they may not know and you will need to speak to a director.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there anything I can do to stop a local man from slowly driving by my property staring at me?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 7, 2019

Not really as long as they are on public property.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was arrested and charged with 2C:33-15. I'm mainly concerned about the possible license suspension.

I was in a vehicle with 3 others but I was not the driver. The bottle was not consumed in the vehicle or even opened in the vehicle, it was in a backpack. I claimed the bottle because it was in my bag. However, no one in the vehicle was breathalyzed, not even the driver. She also did not receive... Read more »

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

By you claiming the back pack the law will then charge you with whatever is in it. They could of still charged everyone in the car, but most police try to be fair and charge the person who admits to the crime/offense. As for the loss of license for 6 months it is mandatory. That being said if I... Read more »

2 Answers | Asked in Criminal Law for New Jersey on
Q: How much does it cost for a Lawyer to file a expungement for me in NJ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 1, 2019

We are not allowed to quote fees on this website however different attorneys will charge different fees based on their experience and success rate and the amount and type of charges you need expunged

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: A government leader robs a bank and is arrested, convicted and charged by the FBI. Is this grounds for impeachment?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

Probably not as they will pass a law saying its legal, just like congress did allowing insider trading.

2 Answers | Asked in Criminal Law, DUI / DWI, Constitutional Law and Election Law for New Jersey on
Q: Can a dui arrest be an impeachment?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

An impeachment for what. I suggest reposting your question with more information

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1 Answer | Asked in Criminal Law for New Jersey on
Q: does due process of the law apply to post conviction relief proceedings?

What is the normal allowable time for a PCR hearing to start when the hearing is approved and how long should the proceeding take to decide whether the Judge will reach his decision of a yes or a no?

Thank you

Gary Kollin
Gary Kollin answered on Oct 23, 2019

yes

2 Answers | Asked in Criminal Law for New Jersey on
Q: How do you find a reliable criminal lawyer?? Hired two of them and neither one has delivered on anything promised

Both had total lack of communication as well

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2019

Maybe that's your problem they didn't deliver on their promises because attorneys are not supposed to promise you any result other than that they will do their best and show up to court on time. An attorney can tell you their past success rate with similar cases, they can tell you what they've done... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there case law available to support my letter asking the judge to suspend a sentence handed down to my husband.

He gave him credit for mitigating circumstances. However, we want to ask the courts for a non-custodial sentence.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2019

Not to my knowledge it's done a lot of the time at the sentencing hearing but it appears that that is already over. You really need to ask his attorney on what you should do that's what you paid him for.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I have been charged with new jersey 2c:20-11B (1). The amount charged is 585. I have a co-defendant who commited the act

The person I was with placed the items unknown to me. I would like to know if I will be charged for shoplifting even though I paid for the items I purchased which the store kept despite my paying for the items I purchased. Under this offence will I be held liable for shoplifting even though I did... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 20, 2019

If you acted in concert with another which is what it appears to be by your question yes, you don't need to take anything to be charged. But can you be convicted is the real question and much more information would need to be known to answer that question. I suggest that you setup one of the free... Read more »

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