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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: Defendant shot. State obtained a search warrant for ballistics. Search of car, found drugs in bucket in trunk.

Would appreciate some assistance (legal). If someone could reach out? MJC@CuellarLawFirm.com

James A. Abate
James A. Abate answered on Sep 24, 2020

You need to have a consultation with a criminal lawyer. These are serious charges.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My boyfriend has these charges (#1)2c:18-2a(1) (#2)2c-20-3a (#3)2c:-18-3b (#4)2c:-18-3b (#5) 2c:18-2a(1)

He is currently on probation, this will be his 3rd violation of probation. Is there any chance of him getting out ? If not, how many years is he facing?

James A. Abate
James A. Abate answered on Sep 24, 2020

Third violation of probation, by commission of Burglary will invite a motion to remand to county jail. But he is presumed not guilty. It may be possible to avoid going to jail until trial. But he will need an experienced attorney and their work is cut out for them. On just the burglary alone he... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: If you are read your rights but they don't tell you you have in a right to an attorney, can the case be thrown out

I was read my rights prior to being interrogated but they did not tell me I have a right to an attorney for illegal advice. My question is can the case be thrown out on a technicality?

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

Generally that won't lead to the case being thrown out but your statements made, may get thrown out if your lawyer can prove this.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Does handwriting analysis be used a burden of proof evidence in a domestic violence hearing?

I was served with a temporary restraining order, but my ex claims someone is sending her anonymous letters, it says in the (TPO) she thinks its me because the handwriting is similar, that all she has on the Temporary order, is that enough evidence for a final restraining order?

Richard Diamond
Richard Diamond answered on Sep 11, 2020

This is a case where you need to sit down with an experienced family law attorney to review each of the allegations advanced against you in your ex's domestic violence complaint to determine what proofs are needed to respond to the claims / testimony needed and how best to present that... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can per b chargd ter thrtsgo to Sup Court and has a domestic violence charge and a t r o dismissed against them by judge

State decided to pick up the terroristic threat charges what happens

Richard Diamond
Richard Diamond answered on Sep 2, 2020

If your question is whether a person can be charged with domestic violence and have a TRO entered against them, go before a superior court judge on the charges and have the court dismiss the charges - the answer is yes. A judge can take testimony from the parties and determine that the allegations... Read more »

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Richard Diamond
Richard Diamond answered on Aug 26, 2020

From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: In the state of New Jersey how long does the prosecution have to submit discovery to the defense.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 20, 2020

Speak with a lawyer about specifics for your case, BUT it depends on the case, and the court it is in. It is called pre-trial discovery so unless new evidence is found during the trial it should be presented to the defendants lawyer prior to the trial.

1 Answer | Asked in Criminal Law and Probate for New Jersey on
Q: Life Insurance Policy Missing

Deceased woman left a life insurance policy in her husband and son's name. The son was serving as her executor. Father told son her wishes were for him to divide it between her four children. He told dad he put it in his name because he didn't want to be taxed on it. His father said, in... Read more »

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

You never stated who you where so you may not have any case at all but the father may.

2 Answers | Asked in Criminal Law for New Jersey on
Q: How long after you completed your sentence in NJ can you file for expungement?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 12, 2020

Depends on the offense committed assuming the offense is expungable. Speak with a lawyer to determine your eligibility.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is this a 1st degree charge
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 11, 2020

Without more information it would be impossible to tell you. You can also call the court and ask they will have all the information about the case.

1 Answer | Asked in Car Accidents and Criminal Law for New Jersey on
Q: Does 2C:12-1.1 state that a person can be convicted for both agg. assault and assault by auto with 2 separate sentences?

"If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1."

I just want to clarify if this means that the defendant can be charged for both of these... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 4, 2020

More information is needed however, Generally a good lawyer can prevent a conviction on all of these charges and only have you plead to 1 or 2 out of 4, if you are in fact guilty of the crime. But everything depends on the facts of the case. If you don't have a lawyer get one as your looking... Read more »

3 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Is it legal for a official to use torture to get you to agree to take a plea?

Sleep deprivation and touching of intimate spaces over and over. Want force a deal for something I do not owe and am innocent of. I have signed nothing. do rights pertain to people who are not being detained but are being harassed and targeted too.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 28, 2020

Everything depends on the facts of your case such as were you put in a room and questioned for 16 hours probably yes. Were you put in a room for 2 hours and signed a Miranda Form probably not, but everything is up to the judge.

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Can one still be sentenced to prison during the pandemic?

I have virtual court next week from a court date that’s been pushed back since March. My ex assaulted me, leaving me to have emergency eye surgery and vision loss. Can he still be sentenced to prison with everything going on? Thanks in advance.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 24, 2020

Yes he can still be sentenced to prison, make sure the prosecutor knows of your injuries.

2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for New Jersey on
Q: Need to know, does one need to show their martial-status on the deed of ownership in NJ? Thinks 25% is his.

Believe a man I love is being wronged and abused, for years; by one he thinks is his wife. After hearing from his family I've investigated; what's found is shocking?! This woman pushed him into marriage by having a child; And in 5 yrs 6 ms 19 ds, now…!? From " I Do"... Read more »

Timothy Denison
Timothy Denison answered on Jul 20, 2020

Yes. Single or married.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi, how do I find out who was the preliminary hearing judge on a criminal case in nj or a docket number?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 19, 2020

Quickest way is to ask your lawyer as he or she will probably remember. If not the other quick way would be to call the court and ask.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Do I have the rights to be sentence in person rather than zoom video call by the judge
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 14, 2020

Very good question you should read the Omnibus orders that the Supreme Court has handed down for what you can and cannot do. Since we know nothing about your case it would be improper to advise you otherwise. If you have a lawyer best to ask him or her as they know your case..

1 Answer | Asked in Criminal Law, Employment Law, Federal Crimes and Sexual Harassment for New Jersey on
Q: Is there a Statute of limitations in NJ for sexual assault? Can I stay anonymous? This person was just publicized.

This happened at a place of employment.

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

Yes a statute of limitations does exist both for the criminal charges and the civil charges. Speak with a lawyer if you have been assaulted you may be entitled to a large recovery for your injuries.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: How long does a temporary refrain from order lasts?

My ex girlfriend (children's mother) assaulted me and was given a temporary refrain from order by criminal city court. We have two children together.

She was just served 4 days ago. Honestly, I want her off that order, its divided her from our children.

I forgive her for her... Read more »

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

It lasts until either the court issues a final order or dismisses the case. Thus you will have to wait until your day in court. I suggest she hires a lawyer to give her the best chance of a dismissal.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I get a record expungement for a conviction of conspiracy to burglary from 2004?

I was arrested in 2004 and charged with two burglaries and two conspiracy the burglaries. I sat in Camden county jail for almost 6 months for them to investigate on trial. Now I know there was no evidence against me because I know I had nothing to do with it. I was set up by a former friend. Now I... Read more »

James A. Abate
James A. Abate answered on Jul 13, 2020

A burglary conviction can be expunged if you are otherwise eligible (6 years since completion of sentence), no more than 2 disorderly persons offenses and no other felony convictions.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi I need a pro bono lawyer for a federal criminal investigation, where i can find it?
Carl Scott Spector
Carl Scott Spector answered on Jul 10, 2020

There is a Federal Defenders Office in the New Jersey Federal District that you could speak with.

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