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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: What is probable cause for a cop to search your car and make you perform a field sobriety test

A cop pulled up behind me while i was sitting in my car talking to my girlfriend. He made me and my girlfriend get out of my car and wanted to search my car and made me perform a field sobriety test. He did not pull me over while i was driving, we had just gotten in the car and were about to leave... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 22, 2023

Each case is fact dependent, just because your car was on for over 3 minutes does give him the right to stop you as it is a violation of the law,but not the right to test you for a DWI, he would have needed some other articulable reason.

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How long do you have to wait for while a cop is “trying to get a k9”
T. Augustus Claus
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answered on Aug 11, 2023

The amount of time a police officer can wait to call in a K-9 unit during a traffic stop can vary based on the specific circumstances and laws in your jurisdiction. Generally, officers must have a reasonable suspicion or probable cause to believe that there's illegal activity or contraband in... View More

2 Answers | Asked in Car Accidents and Criminal Law for New Jersey on
Q: Hello, someone hit a parked car while pulling out and thought there was no damage. He now has a court appointment.

Hello,

Someone hits a parked car while pulling out of street parking and thought there was no damage on the other car. He just checked the car from rear mirror and left the scene.

A police officer called after a few days and said the car had camera and reported very minor damage.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 5, 2023

You better tell your friend to hire a good lawyer. Your friend is facing up to 30 days in jail and 6 months loss of his license and some fines. If convicted which it sounds like it would be easy for the state to do, due to the video evidence, these penalties are a real possibility without good... View More

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1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: If I am riding my motorcycle and someone tries to take my keys by force, am I allowed to use force to defend myself?

This is simply out of curiosity based on a video I saw today.

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 27, 2023

New Jersey law recognizes defense of oneself as justification for conduct that would otherwise be considered criminal. One thing that many people seemingly fail to realize, however, is self-defense is not self-executing. This means that a person can be charged, for example, with assault even if he... View More

3 Answers | Asked in Personal Injury and Criminal Law for New Jersey on
Q: I'm having charges pressed against me after my drunk "friend" fell and hit her head. Do I have a case?

My friend and I were at Applebee's when she had 2 double shots of tequila and a Margherita. As I was walking her out of Applebee's and to my car, I had to adjust my grip (I was helping her walk) when she fell and hit her head on the sidewalk. She's now saying I assaulted her. Help me please!

Leonard R. Boyer
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answered on Jul 19, 2023

If this happened in New Jersey, and a complaint was filed against you for a Temporary Restraining Order, then you really need to retain and experienced matrimonial attorney with extensive domestic violence trial experience. If there are also separate charges against you for assault in municipal or... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I was subpoenaed as a witness in a murder trial which has ended. Am I able to request the transcripts from the trial?

He was found guilty but has not been sentenced. I wasn't able to be present for any of the trial except for my testimony. I am a resident of PA but the crime and trial happened in Hunderton county NJ.

T. Augustus Claus
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answered on Jul 7, 2023

You may have the right to request the transcripts of the trial proceedings. The availability and process for obtaining trial transcripts can vary depending on the jurisdiction and the specific circumstances of the case. In New Jersey, you can generally request trial transcripts from the court... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for New Jersey on
Q: In the state of NJ, can wife surrender husbands firearms to the police while the husband is not home resulting in felony

After an argument between my wife and I over divorce discussions, I left the house and drove away. My wife called the police and reported domestic violence on the grounds I threatened to kill myself with a gun. When police arrived, guns were in locked cases. My wife surrendered them to the police.... View More

Richard Diamond
Richard Diamond
answered on Jun 16, 2023

By virtue of you asking the question, tells me that you cannot / should not represent yourself in your divorce matter since you are going down the wrong path.

When ANYONE files a domestic violence complaint, the 1st question the police ask is whether the person accused of domestic...
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1 Answer | Asked in Criminal Law for New Jersey on
Q: In the state of New Jersey can the prosecutor send you to trial without first giving you an offer?
David A. Simon
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David A. Simon
answered on May 24, 2023

There is no requirement that a DA give you an offer. Typically the DA will say their offer is "plead to the sheet". This means that you can just plead guilty to every single thing they've charged you with. A DA has broad discretion to settle the case and is not required by law to... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: If a witness for the prosecutor provide false statements for an indictment can a motion to dismiss be filed for perjury?
David A. Simon
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David A. Simon
answered on May 24, 2023

There is no such thing as a motion to dismiss for a witness lying. Typically, the credibility of a witness can be attacked through skilled cross-examination by a defense attorney. The jury gets to decide whether to believe this witness. This would be a factual issue to be determined by a jury as... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: Can any state have authority to press charges of interference in a custody order? Or only jurisdiction State can?
Richard Diamond
Richard Diamond
answered on May 5, 2023

If your ex is refusing to comply with an order for parenting time, then you will file an application with the court to compel compliance/sanctions against your ex for her / his actions. The court does not take action on its own because of a claim of interference. The judge hearing your application... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: My daughter was detained at the Newark Airport for unknowingly violating N.J.S. 2c:39-3e. She has no criminal record.

She was not aware that the weapon, a collapsible baton, was in her carry-on luggage. She was in the process of catching a business flight to Cincinnati, Ohio on behalf of her flight school. She is 22 years old, a certified commercial pilot, and working to get her degree in Aeronautical... View More

Amber Forrester
Amber Forrester
answered on Apr 11, 2023

While her lack of record makes her eligible to apply for the Pre-Trial Intervention program, if accepted that potential dismissal will take a minimum of 12 and maximum of 36 months and require at least some effort from her. Just having a pending charge in the event of a background check may be... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: I own a store(NJ) if I see someone shoplift can I legally lock the front door and detain them until the cops arrive.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 11, 2023

Per the terms of service of this website, we cannot give you specific legal advise on this website, so I will talk generally, you are allowed to make a citizens arrest when someone steals from your store, while you await for the police to come. just you better be right otherwise the shoplifter may... View More

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1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for New Jersey on
Q: Can police ticket you if you park in someone's spot at an apartment building without their consent?

I live in an apartment building across the street from a government building. People constantly park in residents spots for the apartment building and run across the street to the government building. Property Management says us residents have to call the local police department and have the cars... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 4, 2023

Two issue. The first being is whether or not the landlord has posted the appropriate signage about improper parking. The second is whether the two lease spots are included in the lease. If so, you, you are entitled to quiet enjoyment. This places a burden on the Landlord's shoulders to monitor... View More

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: Plaintiff threatening criminal charges for defendant violating a TRO -if defendant does not sign civil restraint

Is this considered coercion? How to vacate civil restraints without plaintiff agreement?

Richard Diamond
Richard Diamond
answered on Mar 4, 2023

1. Plaintiff has obtained a domestic violence temporary restraining order against defendant

2. Defendant violated the domestic violence temporary restraining order by contacting plaintiff

3. Plaintiff now says to defendant that if he does not agree to the imposition of a civil...
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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: Plaintiff threatening criminal charges for defendant violating a TRO -if defendant does not sign civil restraint

Is this considered coercion? How to vacate civil restraints without plaintiff agreement?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2023

You cannot easily vacate civil restraints. You would need to retain an experienced matrimonial attorney, with extensive domestic violence trial experienced and that attorney would have to show you meet the critieria of The seminal case setting forth the “good cause” standard in New Jersey is... View More

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1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: My husband is currently incarcerated. Am I legally allowed to get answers to the reason behind his incarceration?
Richard Diamond
Richard Diamond
answered on Feb 13, 2023

We are divorce, family law and estate planning lawyers. You need to contact a lawyer who specializes in criminal law and ask him to see if he can investigate it. Presume that it will cost you to find out the information. Alternatively, you can ask a private investigator if he can find out the... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there a time frame or deadline for how much time a prosecutor has to formally indict someone on criminal charges?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 2, 2023

The answer is the time depends on the crime committed and the prosecutor does not necessarily have to indicte you to charge you with a crime. If you think you may be charged with a crime speak with a lawyer, if you are already charged most attorneys offer a free in office consultation if you... View More

2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 25, 2023

You may file a motion seeking to compel your ex-husband to comply with the terms of the judgment of divorce. You may also have a claim for partition. It would be in your best interest to retain an attorney who is experienced in family law/matrimonial matters to discuss what remedies are best for... View More

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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... View More

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case

Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.

Richard Diamond
Richard Diamond
answered on Jan 19, 2023

If its a criminal matter and your estranged wife is being criminally charged, the matter is handled by a muni, county, or state prosecutor. You can tell the prosecutor what information you have, and he can decide whether he can use it.

If you are being criminally prosecuted and she is...
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