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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for New Jersey on
Q: In NJ, is it legal for hotel security to go through a guest luggage/baggage after being locked out?

AC,NJ hotel and casino guest luggage in room after guest was locked out of room for trying to extend stay and payment was declined. The guest was not allowed to get belongings out of room, instead security went to room, opened guest personal belongings and proceeded to go through their... View More

James L. Arrasmith
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answered on May 27, 2024

In New Jersey, hotel staff and security are generally not allowed to search a guest's personal belongings without consent, even if the guest has been locked out of their room due to non-payment or other issues. The hotel may have the right to remove and store the guest's belongings, but... View More

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Is it witness tampering if i file a civil suit and a contractor still comes to my apartment to cut grass?

Yes i filed a civil suit, and the contractor was still coming to my house the whole time to cut grass, while we had a court case going on. I thought that was witness tampering, but when i called the police, and told them we were fighting in court, they did nothing, and still allowed him to cut the... View More

James L. Arrasmith
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answered on May 24, 2024

Witness tampering involves attempting to influence, intimidate, or threaten a witness in connection with their testimony or participation in a legal proceeding. If the contractor was simply coming to your apartment to cut the grass as part of their regular duties, this alone does not constitute... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is the possession of tiny plastic bags with no drug residue evidence a crime in New Jersey
Louis A Casadia
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answered on May 13, 2024

By itself no. They are commonly considered drug paraphernalia and you can be charged with that offense in relation to possessing such baggies. However, being charged with drug paraphernalia in relation to these bags requires some sort of other evidence to suggest you intend to use the baggies to... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is the possession of tiny plastic bags with no drug residue evidence a crime in New Jersey
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 13, 2024

No, not by itself it would not be paraphernalia, but for example if found with a spoon a needle and a lighter it would probably be an easy case for the prosecutor to win. Every case is different and depends on the facts and circumstances of its own.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi I live in nj , today I was caught shoplifting at boscov’s

They caught me and wrote down price tags which total up into 539$ but most them were on sale it shouldn’t be more then 200$, cop were called he saw the video me and told I will receive something in mail for boscov’s for 150$ civil fine and they will send a court meet within a month if i don’t... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 25, 2024

First the price of the items for determining the amount taken for a shoplifting charge is based on the retail price of the items not the sale price of the items thus then fact that they were on sale is irrelevant to your charge.

Second yes you did jeopardize your future, but a good lawyer...
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1 Answer | Asked in Criminal Law for New Jersey on
Q: Charged with municipal complaint Feb 3 2022 indictable offense. It’s now 4/23/24 and no movement

I’ve been on pretrial release for 809 days. They just offered me out of no where a plea to plead guilty ( lie) anc I’ll get probation for 24 months which is almost 5 years all together. A tactic to help my ex’s lawyers use this in family court .

Louis A Casadia
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answered on Apr 23, 2024

If this case has indeed been lingering for that long you need to seek counsel. They can atleast speak to the Prosecution to shed some light on what has been going on and they can also do some things to force or push the State to stop sitting on your case. You need an experienced criminal defense... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: my son has locked items belonging to me and my deceased wife in his room

how do i report a larceny?

Louis A Casadia
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answered on Apr 12, 2024

Call your local police department and explain the situation to them. It is hard to give any other suggestion with the limited information provided. How old is your son? Does he pay you rent? What items were taken? Understand that if you go down this path with the police you are opening your son up... View More

3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2024

Your only obstructing law enforcement in general if they were investigating a crime or had a reasonable suspicion that you were involved in a crime. Others reasons may exist such as the community care taker function, but everything is fact dependent. I would definately speak with a lawyer, they... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

James L. Arrasmith
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answered on Mar 24, 2024

If you're facing false obstruction charges, your first step should be to consult with a lawyer experienced in criminal defense. They can offer legal advice specific to your situation, help you understand your rights, and work towards having the charges dismissed. It’s important to gather any... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

Louis A Casadia
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answered on Mar 23, 2024

Their is no way for you to resolve this without a litigation process. You need to get representation. You need counsel to review the police reports and any officer body camera to see if the officer had any cause to investigate you under the law and to examine your legal defenses in court for... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: How long do they have to go through the evidence collected from a house raided in NJ and turn it in to my attorney.

12 counts criminal charges drugs and weapons they claim 82 weapons and distribution of drugs Xanax and Valium

I wasn't selling it, ordered online from South Africa and I have a ATF license FFL and am a Ham radios operator.

Graves Act charged 1st time offence ever it was the... View More

Louis A Casadia
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answered on Mar 23, 2024

The State is not obligated to turn over evidence to the Defense until the matter is indicted. If they charge you on a Summons then they do not have a set time limit on when they have to indict the case. If they charge you on a Warrant and move to detain you at a Detention Hearing the defense is... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: how long in New Jersey do they have to create the return of warrant I was arrested 27th of Feb. Graves Act wavier poss?

1st offense

Will I ever see the light of day again 12 counts criminal charges drugs and weapons

I'm a gun collector, Ham radios operator,and had license for everything.

I wasn’t selling the drugs I wasn’t selling guns I collect everything the drugs are for my own... View More

Louis A Casadia
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answered on Mar 23, 2024

Impossible to answer this without more information. You need an experienced attorney who has handled Firearm and narcotics cases before. With drugs involved it will be difficult to obtain a Graves waiver, but you need an Attorney who can evaluate the States evidence and make sure they charged the... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What the code for tampering with a vehicle that isn’t yours
James L. Arrasmith
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answered on Mar 8, 2024

In New Jersey, tampering with a vehicle that isn't yours can fall under several statutes, depending on the nature of the tampering. The specific code might vary based on whether the act involved breaking into the vehicle, damaging it, or attempting to steal it. One of the relevant statutes is... View More

2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Does 14 depend on 13? Will age only be considered if the person was influenced by someone more mature?

Committed murder at age 21 and was sentenced to 65 years. No parole eligiblity for 30 years.

Louis A Casadia
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answered on Mar 7, 2024

I am assuming you are referring to Mitigating Factor 14 and 13. They are separate factors that the Court must consider at sentencing. You do not have to have Factor 13 apply in order for 14 to be considered. However, Mitigating Factor 14 was just recently added several years ago so if the offense... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it lawful for the state of New Jersey to sentence a youthful offender under the age of 20 to a longer sentence than a

A 17-year-old juvenile, when there is neuroscience that shows similarities in their mental capacities?

Louis A Casadia
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answered on Feb 28, 2024

Yes, in New Jersey once you are 18 years of age you are considered an adult and subject to adult penalties. Now their is a mitigating factor a sentencing Judge must consider for offenders under the age of 26 but this does not bring the sentencing range back down to what it would be for a juvenile... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it lawful for the state of New Jersey to sentence a youthful offender under the age of 20 to a longer sentence than a

A 17-year-old juvenile, when there is neuroscience that shows similarities in their mental capacities?

Amber Forrester
Amber Forrester
answered on Feb 28, 2024

While the most up-to-date developmental psychology studies tell us that the prefrontal cortex--the part of the brain that comprehends complex issues like the consequences of our actions--isn't fully developed until we're about 26, the law in New Jersey (as well as federal law) has not... View More

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Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, the types of abuse and exploitation you have described would generally be considered forms of white collar crime. Specifically:

- Identity theft - Using someone's personal or financial information illegally for fraudulent purposes. This is a type of white collar crime.

-...
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