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New Jersey Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a judge give a lesser sentence at a bench trial then the prosecutors original plea offer?

This is my fifth misdemeanor shoplifting offense. The prosecutor offered 90 days jail time and would not consider a lesser no jail sentence. All of my misdemeanors including this one are over a year old and I have not been in trouble since. I have mental disabilities that caused the shopliftings... Read more »

Amber Forrester
Amber Forrester answered on Mar 20, 2021

Shoplifting is a bit unusual among NJ theft crimes in that it is subject to mandatory penalties, even though it tends to be a lower degree of indictable charge or even a disorderly persons like you are referring to. A third or subsequent shoplifting charge of any degree is subject to a penalty of... Read more »

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1 Answer | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: What are my options for using the red flag law in nj against my husband? He has been using drugs, and making suicidal

My husband has been using drugs, and acting erratic. He's made suicidal references. He is diabetic and not taking care of himself. He has called our small children curse words. I want to know, since he owns MANY guns, in a safe I have no access to, how and what anonymous actions I can take to... Read more »

Richard Diamond
Richard Diamond answered on Mar 17, 2021

1. I would write down the specific behavior changes you have noticed with your husband in the past 6 months and how those changes have become more erratic ( and using specific examples with dates and time if possible) and why that behavior is causing you fear for your husbands actions having access... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: One question is How do you think Mandatory Minimums eliminate personal bias from all parties?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 26, 2021

Sounds like a Law school or College question. If so, I would suggest that you look up the many reports that have been written on mandatory minimum sentencing.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is the NJ TASC drug program still available? How should one apply ?

What’s the steps to go about applying ? Also do you need a lawyer? Are there other options?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 23, 2021

Its generally it is a part of drug court as it is the evaluation part. That being said if you want to get drug court that means you have been charged with a crime and thus yes you need a lawyer to make sure you get the best result.

1 Answer | Asked in Criminal Law for New Jersey on
Q: if a certain person not to possess finds a gun and turns it over to cops can he still b charged?

my fiance found a plastic pellet gun down the cushion of a chair in the resort and casino room that we were staying in, he took it to security who called the local cops who arrested him charged him w certain person and possession, the casino took his photo and banned him then security came up to... Read more »

James A. Abate
James A. Abate answered on Feb 18, 2021

The only answer is to retain a lawyer. Recent orders from the NJ Supreme Court could permit his release while he waits trial. While his case is serious, the possibility exists of a jury aquital.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can two prior felons who have been detained until trail be charged with 1 gun if one of them own up and pleads guilty?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 14, 2021

If one owns up to the gun the other persons lawyer may be able to convince the prosecutor to reduce or drop the charges especially if the case is weak. That being said one gun can be the possession of two people so they may be able to prove the case and may not care if one of the parties owns up... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for New Jersey on
Q: An attorney friend gave me free legal advice - is now trying to use the confidential information I gave him against me

He’s just an attorney and he told me I can ask him any advice and now he’s trying to use it against me because we’re not friends anymore. Threatening to go to the authorities

Noel Rivers
Noel Rivers answered on Jan 9, 2021

Additional facts may be needed to provide a thorough answer. The short answer is no. If you sought legal advice from your friend and he provided it, a confidential attorney-client relationship is formed even if you never hired your friend to represent you. All communication with him that falls... Read more »

4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Leonard R. Boyer
Leonard R. Boyer answered on Dec 1, 2020

You really need to retain an experienced matrimonial attorney to obtain a Final Domestic Violence Restraining Order against him and contact the municipal prosecutor to file criminal charges against him. During this pandemic, you have a choice of either seeing your attorney in person or by way of a... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I own a gun if charged w/ assault & battery, but case dismissed after taking anger management counseling?
James A. Abate
James A. Abate answered on Nov 23, 2020

It really is going to depend on the exact nature of the charges and how they were resolved. If it was a clean dismissal with expungment of the arrest, maybe. But I can see "anger management" getting flagged as a mental health exception. Without a criminal record there is nothing to... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What are the reasons that a prosecutor can withdraw a plea ?

The prosecutor prior to sentencing realize you made a mistake and now she wants to send it back to Grand Jury the defendant did nothing wrong and changed nothing

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 22, 2020

In general If you talking in regards to a plea bargain, they don't need a reason to withdraw a plea unless the plea deal was already accepted by the defendant in court.

1 Answer | Asked in Criminal Law for New Jersey on
Q: can a 34 year old man go to jail for having a sexual relationship w a 16 year old girl in new jersey?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2020

Yes, the crime is called endangering the welfare of a minor so don't go out with her. If you have already done this and have been charged get yourself a good lawyer

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: If the person doesn't want to press charges on me can i still go to jail?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2020

Depends on who filed the charges, if filed by the police it generally doesn't matter what the victim wants.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: I committed a felony for the first time ever, I have no criminal record at all. It was a third degree, and I'm a minor

I am 16

What may be the outcome? If I am charged.

The company said if I pay back the money that will be the end. It was a civil demand letter to be exact. They said they will not press charges or get the cops involved but I just want to know what can happen.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2020

If they keep their word and don't file charges nothing will happen to you.

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 Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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... Read 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... Read 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 Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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.

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