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: I am a PA resident and would like to know the laws & restrictions of traveling with 10+ round magazines.

I am selling some 15-round (in a 30-round body) AR-15 magazines to a NJ police officer (as far as I'm aware, LEOs are legally allowed to own 15-round magazines). I'd be traveling from PA into NJ and simply need to know whether it would be legal for me to transport them, and also to... View More

James A. Abate
James A. Abate
answered on Apr 29, 2020

You would be best served retaining counsel to provide you with a well reasoned answer before committing yourself to a potential State Prison sentence. This is not something you should be obtaining from a message board.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Constitutional Law for New Jersey on
Q: Can I get a Disorderly conduct plea taken off my record or fully sealed or expunged, this conviction was IN NY.

I was arrested 10 years ago In NY when I was 22 , and i understand my conviction was conditional discharge, I wanted to know if there is anyway I can get it expunged or pardoned in any way, I have noticed that I have applied for many govt jobs and have been turned down do to my criminal background,... View More

James A. Abate
James A. Abate
answered on Apr 22, 2020

This has been posted to the New Jersey forum. you will need to ask lawyers in New York.

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: My supervisor/ significant other threatened a TRO against me. How will I know if they have gone through with it?

My supervisor at work is also who I am seeing romantically and have been for the last 4 years. He constantly holds the job/ relationship over my head if I do something that upsets him. We got into a disagreement on Monday of this week and he threatened to get a temporary restraining order against... View More

Richard Diamond
Richard Diamond
answered on Apr 20, 2020

To begin with, I would contact your local police department and let them know that your boos / romantic partner has threatened to file a domestic violence complaint against you and you wanted to know if he followed through on his threat. If he did, a copy of that complaint would have been sent to... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Federal Crimes for New Jersey on
Q: If I had permission to borrow a car 2 months ago & returned it same day can a person press charges

I had permission to borrow a car about two months ago. The person gave me the key and I brought the car back right away when I was done. Now they are made at me for other reasons and are threatening to press charges on me for the time I borrowed the car out of spite. Can they?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 18, 2020

It would be hard for them to prove the case this far out. If they went to the police while the car was gone then they would have a good case. But anyone can file charges the question is can they win. If charged get a good lawyer.

2 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for New Jersey on
Q: Hello I am reviewing the statute 39:4-97.5. I am struggling to understand it. Any chance you can provide an example?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 14, 2020

It came about because some towns enacted laws against cell phone use such as Marlboro NJ and this law made it so that the state law would be the controlling law.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: Has Supreme Court granted certiorari
H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 14, 2020

They have granted it many times on many cases.

View More Answers

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Is it okay for an 18 year old girl to be dating a 15 year old boy in New Jersey?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 3, 2020

Sex does not matter, age matters and if this gets sexual in any way it could be considered endangering a welfare of a minor.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New Jersey on
Q: My cousin went to jail and his charges are 2c39-4d, 2c39-5d, 2c5-1.A1 and 2c-11-3a(1) class1D

My question is: how long he can stay in jail bc of those charges?

Does he have any chance to be free If he pays a bond? How much can be a bond for those charges?

How much should be a good lawyer to defend him?

He is an illegal immigrant, can he be deported?

Thank you

Robert Roy Klein
Robert Roy Klein
answered on Apr 3, 2020

Just answering the immigration question. It depends on a lot of what happened and what comes out in the court proceedings. It's likely your cousin will serve time and then be deported.

1 Answer | Asked in Criminal Law for New Jersey on
Q: My cousin just went in jail, the charges are 2C:39-4D, 2C:39-5D,2C:5-1.A1 and 2C:11-3a(1) class 1D?

How long he can stay in jail bc of those charges?

how much will it cost for a lawyer to defend him according to these penalties?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 1, 2020

Without knowing more information I would have to defer to the standard answer which is he will probably be doing a stint in jail if convicted because it's mandatory on these charges. I suggest hiring a good lawyer to see what if anything can be done to win or reduce the charge.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was convicted of offical misconduct in the 3rd degree in 1985. Is this a felony or a misdemeanor?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 29, 2020

New Jersey does not have felony or misdemeanor classifications, but other states would consider it a felony as you faced 3 to 5 years in jail for a third degree crime and most states consider a felony anything over 6 months possible jail.

3 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How much does the average attorney charge to appear and represent in a civil court matter?

I have a civil case court matter coming up and I need help with representation.

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2020

It's unlikely for an attorney to quote a price on handling a case/matter sight unseen, without knowing anything about what it involves (contract, tort, property, etc.), and other factors. For something like that, you would probably be better off contacting attorneys on your own and discussing.... View More

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi my husband was very drunk an in a bar fight in which, him and the other guy was arguing at first for about an hour or

2 the guy walked in back of him and my husband sort of back kicked him but did not make contact he turne to look at the guy and the guy repeadly punched my husband in his face and head , his neck fracturing his nose fracturing his cheekbone 2 black eyes swollen on whole face needless to say the guy... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 27, 2020

Yes you can ask the police or prosecutor to file charges, but he would have a good defense which is self defense since he did not make the first contact.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Does an expungement in NJ clear or seal my only arrest for simple assault that was dismissed in court?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2020

It seals your record from certain parties such as the general public but law enforcement the courts etc and certain governmental agencies can still see it. Sometimes it is actually better on your record to keep the dismissal rather than expunge as this shows your dismissal and you can still get... View More

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: Am I obligated to pay public defender fees from 17 years ago if there was no crime committed to warrant such fees?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2020

Public defenders are not free in NJ so in general if you used the PD you need to pay.

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: Do you sever jail time for criminal mischief 2C:17-3A(1) if the person never had a criminal record in his life.
James A. Abate
James A. Abate
answered on Mar 23, 2020

If it is a first offense there will likely be probation. But keep in mind that people do screw up on probation and then go to jail.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Do you sever jail time for criminal mischief 2C:17-3A(1) if the person never had a criminal record in his life.

It was smashing a front door window at another family house. The person suffers with mental problems since the year 2000.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2020

Yes a conviction for criminal mischief could subject the offender to a period of jail time even if a first time offender, BUT many defense exist especially for first time offenders to avoid jail time. If charged make sure that person has a good lawyer, most of us criminal defense lawyers offer a... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: 2C:33-12A my son got a summons with this code for setting off fireworks the neighbors thought were gun shots.

Should I get a lawyer? If I don't get a lawyer besides the fine is there a major charge on his record he can get?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 16, 2020

Generally if no prostitution is involved etc, it is a disorderly persons offense which comes with a criminal record, up to 180 days in jail, fines and probation. Thus yes, I suggest hiring a good lawyer.

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: I would like information on Sexual Assault by coercion. I believe I am a victim.

NJ/I entered into a sexual relationship with a man who told me he was a multi-millionaire, provided "proof" with photos and lavish lifestyle, convincing me when we marry that all of that would be mine, I would inherit all his money, that he had businesses, etc. He manipulated me to end... View More

Brent T. Geers
Brent T. Geers
answered on Mar 16, 2020

There may be possible criminal sexual assault charges based on him taking photos of you while sleeping. But purposefully and willfully engaging in sex because of promises he is telling you alone is unlikely to be criminal sexual assault.

1 Answer | Asked in Contracts, Criminal Law and Workers' Compensation for New Jersey on
Q: What type of lawyer do i need?

I reside in NJ where but i was doing work in NY, where a county specific license was required to do home improvement. I have a court date and i need to know what kind of lawyer i should find. I didn't qualify for a public defender.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 13, 2020

You will probably need a New York criminal lawyer if the case is in New York. Speak with one to find out.

2 Answers | Asked in Criminal Law for New Jersey on
Q: What can happen to me when I go to court 2c:35-10A(1) Posses of Crystal Rock Meth
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 8, 2020

In general. Its a third degree offense so you could go to jail for 3 to 5 years. Thus I suggest hiring a good lawyer. Most of us criminal defense attorneys offer a free in office consultation. I would suggest that you set one up so we can look at your charges and determine exactly what... View More

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.