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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: What are the legal definitions of purse, pursuit, pursued, and chase?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 22, 2020

A legal dictionary would probably give you the best answer

1 Answer | Asked in Criminal Law for New Jersey on
Q: If you stop for a traffic stop, and you don't remain stopped, does it mean you never stopped?

The officer was allegedly assaulting the defendant, which is why he left. Does that still mean he never stopped?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 22, 2020

Actually a judge or jury would probably consider it worse because you knew you were supposed to remain stopped where is someone else may have thought the police were chasing someone else.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Does eluding by it's very nature involve motor vehicle pursuit?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 22, 2020

Not necessarily but I suggest you set up a consultation with a lawyer so he can properly evaluate your case

1 Answer | Asked in Traffic Tickets and Criminal Law for New Jersey on
Q: After stopping car for PD defendant fled in car prior to completion of traffic stop. Is this "failure to stop?"
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 22, 2020

More information is needed to properly answer your question however it definitely sounds like eluding a police officer.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for New Jersey on
Q: If during a traffic stop a cop smells marijuana can they pull you out your car and search it without consent from me?

Also can the cop search my trunk which is considered a lock compartment without a warrant?

Howard Lesnik
Howard Lesnik
answered on Jan 22, 2020

Yes, plain smell is an exception to the search warrant requirement. However, that does not mean that the underlying motor vehicle stop and subsequent search was valid. You should consult with an attorney to discuss the facts of your case and possible motion to suppress.

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: If someone uses another persons Facebook messenger to send money to themselves with a stolen credit card linked to acc

Someone stole a credit card and linked it to their Facebook messenger for Facebook payment then another person logged into their Facebook messenger and sent themselves money to their Facebook messenger

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 20, 2020

This is a crime go to the police.

1 Answer | Asked in Criminal Law for New Jersey on
Q: If a person is convicted in New Jersey and Connecticut, can that person get an extended term for both convictions?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 16, 2020

Don't know about Connecticut but it's possible in New Jersey based on your prior record

1 Answer | Asked in Criminal Law for New Jersey on
Q: if trying to reduce the charge from 2c:14-4A what would a lesser offense be?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 14, 2020

The answer depends on the degree of your lewdness charge for there is a fourth degree or disorderly persons offense. Either way get a good lawyer to make sure you get the lowest possible sentence and stay out of jail.

1 Answer | Asked in Criminal Law for New Jersey on
Q: How to get a 3 with a 1 on a second degree possession of a firearm charge
James A. Abate
James A. Abate
answered on Jan 13, 2020

You will need to retain experienced counsel who will review the facts of the case and proceed in advocating your case to the County prosecutor. There is no guarantee. But with lout counsel it’s not just going to happen.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I ask for a lawyer before going in for questioning at the station?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 7, 2020

You can always ask for anything, just like you can ask them for a new car, but they will not give you a lawyer, until you are charged and appear in court and then you only get a free lawyer if you cannot afford one, which is generally defined as making 125% or less of the poverty level. That is... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Police called me to come to station for questioning regarding a theft incident do I have to go? And without a lawyer???
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 7, 2020

You do not have to go unless they have a warrant for your arrest, but it may be your only want to prove your innocence if you are innocent. Either way you need to hire a good lawyer theft is a serious criminal offense, which can lead to jail time and a criminal record. I suggest that you set up a... View More

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3 Answers | Asked in Criminal Law, Small Claims and Cannabis & Marijuana Law for New Jersey on
Q: I have court in 3 days for a summons of 50 grams or less of marijuana . It was 1G to be exact . I have a medical card

.

James A. Abate
James A. Abate
answered on Jan 6, 2020

You are facing a criminal record and possibly loosing your license for 2 years. The prosecutor could decide to drop the charge based on card or reasonably say that you did not have it when you were arrested and continue to prosecute you. With no legal knowledge you are putting yourself at risk... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: What's it mean to be held in contempt of drug court? After numerous sanctions, a relative is in jail on that charge.

The person was charged with selling 70k dollars worth of uncut heroin to an undercover officer. He was investigated for 7 months by the NJSP taskforce and faced 3-7 years in state prison. He eventually took a deal for drug court. By phase 2 he had been sanctioned 3 times and put in jail or rehab.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 3, 2020

Honestly only his attorney can answer this question. That being said it sounds like he failed at drug court and will now serve the sentence he agreed to when he took drug court.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: I'm facing felony charges for aggravated assult for an altercation I my was in with my current partner. He told the

Police, emt's, prosecutor that it was an accident and they still want to press charges. Lowest charge from a level 3 to level 2 felony. I have no arrest history or traffic violation, nor domestic violence charges. In the midst of all of this chaos, I lost my mom on Nov. 18th of last year right... View More

James A. Abate
James A. Abate
answered on Jan 3, 2020

You need to retain a private criminal defense lawyer, particularly one who is experienced with domestic violence matters. Prosecutors are very reluctant to dismiss a DV case due to fear of being accused as soft on DV. A second degree charge involves a presumption of incarceration for 5+ years.... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: 12 year old daughter charged with 4th degree Cyber harassment, first offense what can I expect from the courts
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 29, 2019

This is a fourth degree crime even for a child where the child faces up to 18 months in jail. But Generally juveniles don't go to jail they go to detention and even that is rare for first-time offenders since the juvenile will always have a lawyer either appointed by the court or hired by the... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: I have had a private citizen complaint against me in Princeton NJ, I am reading2C:33-4 Is this 4th degree, im on parol?

If I am reading this 2C:33-4 correctly, if I am on parol in PA, then this small harassment charges become one of the 4th degree?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 28, 2019

You may be reading it correctly however we would need to know much more information which you should never Post online has everything said here is monitored by law enforcement

3 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: Should I speak up and ask for help at court or should I stay quiet & wait until he tries to hurt my daughter again?

I went to court to press charges against my daughter’s(5 months old) father because I found him molesting her. At court my sister told me that they will give my daughter to him, so I decided to leave but the court took my information and sent DCF to my house. DCF spoke to me and I told them what... View More

James A. Abate
James A. Abate
answered on Dec 27, 2019

You should immediately contact the police.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Possession of less than 50 grams of Marijuana This is my first ever offense I had never been lock up what is my chances?

Is it possible I don’t face a License suspension

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 21, 2019

If you are charged with marijuana possession you are looking at a 6 months loss of license and 2 years additional loss of license if this offense occurred in a car or truck. A good lawyer should be able to help you eliminate this suspension, but everything depends on the facts of your case. I... View More

1 Answer | 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?

I am the plaintiff. I have excellent proof. Is there any way I can get prosecutors to change it to Superior Court?

Howard Lesnik
Howard Lesnik
answered on Dec 19, 2019

Prosecutors have the discretion on whether to keep the case in Superior Court, or downgrade it to Municipal Court. You can provide your proof of loss to the prosecutor and request restitution, or you can file a claim in special civil part to recover your damages.

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
H. Scott Aalsberg
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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