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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: Is 32.1.146.8(4) a criminal offense or a disorderly person offense
H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 4, 2022

In general, It is a disorderly persons offense, BUT it does appear on many people's CCH (Criminal Case History) so most people consider it a criminal offense, because it shows up as a criminal offense. If that is confusing it is. NJ unlike other states does not have felony and misdemeanor... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Just recently got charged with a 2c:18-3a should I be scared? I do not have a record

I was intoxicated and entered a private residence I do not have any recollection of it I did not take anything of value. Apparently went in and laid in their couch

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 26, 2022

You should not be scared as you will eventually get over this, but it is a serious offense which will give you a criminal record and yes you could get jail time. Thus the correct word would be concerned. That being said with a good lawyer on your side you may be able to eliminate this jail time... View More

3 Answers | Asked in Domestic Violence, Criminal Law and Family Law for New Jersey on
Q: My xwife have field a complaine vs mother and a daughter cause they abused my daughter,what is the statutes or ordinanc

Court clerk asked her for a statutes or ordinance ???? What is it please.

Leonard R. Boyer
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answered on Oct 30, 2022

The Clerk cannot expect you to know the statute, talk to a police officer or have one call the Garfield Municipal Court Judge and if it is appropriate ask for the issuance of a TRO, commonly known as a Temporary Domestic Violence Act restraining order. You are going to need a matrimonial attorney... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2024

Your only obstructing law enforcement in general if they were investigating a crime or had a reasonable suspicion that you were involved in a crime. Others reasons may exist such as the community care taker function, but everything is fact dependent. I would definately speak with a lawyer, they... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: How long do they have to go through the evidence collected from a house raided in NJ and turn it in to my attorney.

12 counts criminal charges drugs and weapons they claim 82 weapons and distribution of drugs Xanax and Valium

I wasn't selling it, ordered online from South Africa and I have a ATF license FFL and am a Ham radios operator.

Graves Act charged 1st time offence ever it was the... View More

Louis A Casadia
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answered on Mar 23, 2024

The State is not obligated to turn over evidence to the Defense until the matter is indicted. If they charge you on a Summons then they do not have a set time limit on when they have to indict the case. If they charge you on a Warrant and move to detain you at a Detention Hearing the defense is... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: how long in New Jersey do they have to create the return of warrant I was arrested 27th of Feb. Graves Act wavier poss?

1st offense

Will I ever see the light of day again 12 counts criminal charges drugs and weapons

I'm a gun collector, Ham radios operator,and had license for everything.

I wasn’t selling the drugs I wasn’t selling guns I collect everything the drugs are for my own... View More

Louis A Casadia
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answered on Mar 23, 2024

Impossible to answer this without more information. You need an experienced attorney who has handled Firearm and narcotics cases before. With drugs involved it will be difficult to obtain a Graves waiver, but you need an Attorney who can evaluate the States evidence and make sure they charged the... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Investigating an incident in midstate correction on an inmate. How do I follow complaint for an inmate on the inside of
Louis A Casadia
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answered on Jan 25, 2024

If you are asking how to file a criminal complaint against an inmate inside of the prison you would report that crime to the local police department for the township the prison is located in, assuming that is where the crime occurred. Additionally, the State Prison Corrections System has its own... View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Generally speaking. What will an expungement cost for a 20 year old Harassment charge I pled guilty too? Thanks
Michael A. Smolensky
Michael A. Smolensky
answered on Nov 28, 2023

This is an excellent question. And I t seems to me the answer will require calling and meeting various attorneys to find out the answer.

One might ask about each attorney’s experience with expungements because this will presumably weigh in one’s decision to retain the attorney....
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1 Answer | Asked in Criminal Law for New Jersey on
Q: Municipal Court Appeals in NJ

Hi, Goodnight! I filed a post-judgment motion (for new trial) in municipal court. I also want to appeal the decision in Superior Court. Do I have to wait until the motion in the municipal court is done or can I do both at the same time?

James A. Abate
James A. Abate
answered on Nov 17, 2023

An Appeal must be filled within 20 days. I cant tell you whether a PCR motion is even proper in your case. I recommend you proceed with counsel.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: I have received a ticket of DID UNLAWFULLY PARK OPERATE A. 39:3-54.13 emergency warning light violation. What is mean?

What can happen to me?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 2, 2023

It means your accused of unlawfully using emergency lights, such as a flashing blue or red or yellow light. In general it carries a fine between $100 to $200 imposed by the court, but if you have a mandatory court appearance you may want to hire a lawyer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: How do I win this case?

Need to fight certain persons charge- ghost gun

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 24, 2023

Gun charges are always the hardest to win as the State will put the most resources in them. I suggest hiring a good criminal lawyer to give you the best chance of winning.

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is it has been over 10years that the father has committed crime

A sibling is 32 years old and she filed a restraining order that the father broke. She filed the retraining order and informed officers about sexual assault when she was younger. He sexual assaulted her from ages 5- 21. She finally spoke up after 11 years. She is now 32 years old. And now he is in... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 27, 2023

Unfortunately these types of crimes have no statute of limitations so they can even prosecute you 40 years later such as what they have done with many priests. The problem is this is one persons word against another, thus make sure he gets a great lawyer as its only chance of staying out of jail... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Copy of Arrest Record

Can an attorney help me get a copy of an arrest record from an agency that has been unresponsive?

T. Augustus Claus
PREMIUM
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answered on Jul 25, 2023

Yes, an attorney can be of assistance in obtaining a copy of your arrest record from an agency that has been unresponsive

1 Answer | Asked in Criminal Law for New Jersey on
Q: I’d like to have my felony theft conviction from 1990, in the state of Maryland, expunged.
Mark Cheser
Mark Cheser
answered on Apr 20, 2023

You need to speak to a Maryland attorney,

1 Answer | Asked in Criminal Law and Personal Injury for New Jersey on
Q: What kind of lawyer handles theft by a towing company?

My vehicle was towed in NJ and a few weeks after getting the vehicle back when opening the back of the truck there were over 10K of mechanic tools that were stolen. What kind of lawyer handles this kind of case and how long can you file suit?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 4, 2023

Generally you would want a civil litigation lawyer to handle this type of matter. But even if you call the wrong lawyer many times they can refer you to someone who does.

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: i had a criminal complaint against my former landlord for harassment and privacy breaking to my house while sleeping

the prosecutor leave my case now he told me to proceed alone with the complaint against my former landlord also there is a false testimony from a housing inspector who's claimed i subpoena her in this matter which is false i need help

Morris Leo Greb
Morris Leo Greb
answered on Mar 30, 2023

Please make an appointment with an attorney about your problem. The issues raised are too broad for this platform.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Pro bono help needed for Woodbridge,NJ Traffic license suspension need all expunged who to call?

I have been homeless on and off. Trying to get back on my feet requiring a license for full time employment

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 20, 2023

Unfortunately you cannot expunge traffic violations only criminal charges in NJ

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was convicted of a criminal crime in 2012 and sentence 2013 for probation for 2 years. can i get this expunged?

it has been 10 years since i have sentenced. i have cleaned up my life completely in the last 8 years.

Michael A. Smolensky
Michael A. Smolensky
answered on Mar 3, 2023

It appears you might be eligible to petition the court for expungement, but more information is required to offer a legal opinion. Speaking to an expungement attorney about this on the telephone should help clarify any possible issues.

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: a defendant is giving a title 35 does it have anything 2 do with giving info about another defendant in order 2 get fav?
Michael A. Smolensky
Michael A. Smolensky
answered on Jan 17, 2023

The form of this question is difficult to understand. A defendant can get a favorable plea agreement for a variety of reasons. Cooperating with authorities as an informant is only one of many. A defense attorney who can identify a meritorious pretrial motion can also negotiate a favorable plea deal... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Jersey on
Q: can i be charged for criminal trespassing if I was not even on private property when police arrived to my residence?

I injured my back while riding my atv and had to call an ambulance to get to the hospital since i couldn't drive. Police came to my home upon the call as they stated they needed to fill out a report for any type of accident called in via 911. The officers stated they were not issuing tickets... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 10, 2023

Yes they can charge you even up to a year later for criminal cases in Municipal Court. That being said I would suggest hiring a lawyer you may have a defense in this case. Most of us criminal lawyers offer a free in office consultation, I would suggest that you set one up.

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