Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Criminal Law Questions & Answers
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View 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... View 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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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... View 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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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

1 Answer | Asked in Criminal Law for New Jersey on
Q: In NJ can a passenger in a vehicle be held for a weapon that was not his more than a year? Then after

that year, can the actual owner of the vehicle be indicted for the same weapon?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 7, 2020

More than one person can possess a weapon and yes it is possible especially now with covid 19 that a person can be held pre-trial for quite a long time, but the best person to ask this question is his lawyer as we know nothing about his/her case. You can always hire a lawyer to give you a second... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can the police arrest someone with a body warrant that isn't at residence that is being raided for drugs

Can that person be searched and then be stripped out on the street because first time the person was searched nothing was found on his persons

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 4, 2020

In general if person had a warrant for his arrest he/she can be arrested anywhere at any time and searched. That being said a lawyer should look into the circumstances he/she may not be the general case.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can the police strip a suspect out on the street after searching suspect and not finding anythingl
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 4, 2020

The answer depends on the facts of the case and why they were doing the search.

1 Answer | Asked in Criminal Law for New Jersey on
Q: what the NJ state law that would prohibit a person charged with a drug crime from working in the medical field.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 2, 2020

The law does not necessarily prevent a person with a conviction from a drug crime from working in the medical field, it just prevents/hinders/causes a problem for them from certain jobs in the medical field, such as a Doctor, Registered Nurse, Pharmacist etc. This however is the reason to always... View More

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... View More

View More Answers

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
H. Scott Aalsberg
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.

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.