answered on Jan 23, 2024
Under New Jersey law, Strict Liability Drug Induced Death is a first degree crime, which ordinarily carries up to 20 years New Jersey State Prison. But a defendant who is extended term eligible would face 20 years to life. Therefore, a sentence of 25 years would not necessarily be illegal.
I have a contract signed by me. I was loaned money from somewho is charging an interest fee of 650$.In which doesnt lower the loan of my original loan amount. I know he isnt reporting his extra willings to the irs , nor he is a USA Citizen. He does this as a side business.
answered on Jan 23, 2024
If someone is lending money with an interest charge that doesn't decrease the principal loan amount, it's important to first examine the terms of the contract you signed. Ensure that the interest rate and terms of repayment are clearly stated and understood. If the terms are not clear or... View More
I got arrested by a detective who would target me and give other police officers a tip to when I was leaving a park with my friend one time and radio'd in to a marked car to pull us over. He would even send his son to spy on me after that. Like when I would play basketball at the local court... View More
answered on Jan 21, 2024
Engaging in such behavior where a detective sends his son to spy on you is a potential violation of your civil rights. It raises concerns about privacy invasion, harassment, and possible abuse of power. If you have evidence that this detective targeted you unfairly and used his position to involve... View More
But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do
answered on Jan 16, 2024
In New Jersey, if you were arrested for contempt of court and charged with an additional contempt that you were not previously aware of, there are some legal considerations to keep in mind. Firstly, for a contempt charge, it's typically required that you be made aware of the court order... View More
But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do
answered on Jan 16, 2024
We would need to see the documents to properly answer your question, but many times the arrest date is considered the date the complaint was filed. But you shouldn't be in contempt if you were never served with the order. Get yourself a lawyer a contempt charge is a serious criminal offense.
Thank you for the response. I updated this, as I realized my question had too detailed personal information.
answered on Jan 15, 2024
Hello, I will try my best to give you an answer to your question but I would need more information to really understand what exactly you are being subpoenaed for. In New Jersey in order to obtain a Firearm Purchaser ID Card or a Permit to Purchase a Handgun you need two references to speak to your... View More
answered on Jan 10, 2024
This question is a very fact sensitive analysis. The fact that you have a restraining order against the individual would not, by itself, justify a homicide. However, it would be one fact to be considered in determining if the affirmative defense of Self Defense applies. Self Defense in New Jersey... View More
Is a law enforcement officer required to issue a summons for the traffic violation which is the probable cause for a traffic stop if that traffic stop leads to an arrest of one of the occupants or would a written/verbal warning be permitted? (Specifically pertaining to non DWI cases and cases where... View More
answered on Jan 5, 2024
This largely depends on the circumstances of the arrest of the occupant. For instance, was the occupant arrested for something related to the traffic stop OR arrested for another reason (independent arrest warrant, possession of contraband or drugs, etc.). A roadside stop under New Jersey law and... View More
answered on Jan 10, 2024
You do not need to hire a lawyer in order to file criminal charges against this man. There are very limited benefits for you to pay an attorney to advice you on how and where to file criminal charges. Criminal charges are investigated by members of law enforcement and prosecuted in court by either... View More
answered on Dec 29, 2023
I dont know if you are talking about criminal charges or filing a civil suit or both against this person but you should meet with a criminal law attorney to get a better understanding of what you will need to provide the police for purposes of pursuing criminal charges against him and you should... View More
my tools were stolen by a former customers and because ive been asking for them back through text they have filed a restraining order. the best part is everything in the police report is ficticious and i can prove it. the bottom line is i want my tools back
answered on Dec 6, 2023
This does not sound like a domestic violence type matter (unless you were involved with this person in a dating relationship or lived together) - so not sure what type of temp restraining order was obtained against you but if this person took your tools, I would speak with the police about filing a... View More
Employer and guest were really rude (childcare). I quit on the spot. I was reminded that I had car seats and karate uniforms in car. I asked to confirm date time and place where he can pick up items as I don’t want to go back to their home. I have not received response I have not received... View More
answered on Dec 5, 2023
In your situation, regarding the return of items like car seats and karate uniforms to your former employer, it's important to handle this in a way that protects your interests and avoids potential legal issues. Sending a text to notify them of your intention to leave the items on the curb if... View More
I was arrested for pills I wasn’t in my vehicle. But they took my car I went to jail got released and 3weeks later they put a warrant out for my arrest. But I still go to probation. And when I called the public defender office to get information on the warrant but they said it’s not in the... View More
answered on Nov 28, 2023
Yes in general the positive sniff by the dog would give them probable cause to search your vehicle, but everything is fact dependent and your lawyer would need to review the discovery to give you a certain answer so speak with and hire a lawyer if you are charged or think you will be charged.... View More
answered on Nov 12, 2023
In New Jersey, a wife is generally not responsible for covering her incarcerated husband's legal fees and criminal defense costs. There are a few reasons why:
First, marriage does not make one spouse liable for the other's debts and obligations under New Jersey law. Spouses... View More
It is very hard to stay calm and think correctly in a home invasion given several factors: emotions, fear, not knowing the robber(s) intent to harm, kill, rape or kidnap, and the element of surprise is on their side to conquer. You don't know if they have weapons on them: knife, mace, gun, and... View More
answered on Nov 5, 2023
In New Jersey, the use of force in self-defense, including deadly force, is generally permissible when you reasonably believe such force is necessary to protect yourself or others from imminent harm. The state's laws allow for the use of force in your home under the "Castle... View More
October 2022 I was involved in a car accident. Hit 3 juveniles. Charges with 3 account of attempted murder and three accounts of agg assault. I was released on house arrest. But I haven’t been to court since being released. My court date if October 2023. I wasn’t indicted yet.
answered on Sep 23, 2023
Mistakes can certainly happen. Ordinarily, however, the Superior Court does not schedule the Arraignment until an indictment has been filed. Presumably you were either appointed an attorney through the Office of the Public Defender or you have retained private counsel. Therefore, either of them... View More
October 2022 I was involved in a car accident. Hit 3 juveniles. Charges with 3 account of attempted murder and three accounts of agg assault. I was released on house arrest. But I haven’t been to court since being released. My court date if October 2023. I wasn’t indicted yet.
answered on Sep 23, 2023
While it is not impossible that it was listed erroneously, the odds are that you have been indicted and are just not aware of it yet. Grand jury presentments are secret proceedings that you are not made aware of beforehand, and the filing of the indictment is often the first time you learn your... View More
I have a restraining order on someone and they violated it using a text now number but the cops are trying to see if it gets pinged back to my phone
I received a summons when I was arrested last, if they were to find something on the phone would I be arrested again or would it go to court... View More
answered on Sep 4, 2023
Yes, generally if you have a restraining order against you and they find something to show you have contact with the victim, you would be arrested on a warrant and can even be held over until trial. Get a lawyer if you think they may find something, especially one good with hiring and using a... View More
answered on Aug 29, 2023
No, supervised parole under New Jersey's No Early Release Act (NERA) is not the same as standard parole for inmates being released. NERA is a law that requires certain offenders to serve a specific percentage of their sentence before becoming eligible for parole. Offenders subject to NERA must... View More
answered on Aug 24, 2023
In New Jersey, if you have pleaded out to a sentence of up to 90 days in jail and probation for charges of resisting arrest and obstruction of justice, the exact outcome can depend on various factors including your prior criminal history, the circumstances of the case, and the discretion of the... View More
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.