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New Jersey Criminal Law Questions & Answers
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
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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.

1 Answer | Asked in Criminal Law and Immigration Law for New Jersey on
Q: I was arrested for shoplifting in 2018 , on F1

In 2018 I was arrested in NJ for shoplifting, the charges when then lower down to a disorderly person offense and later dismissed entirely . I was on my F1 that time. I got my visa approved in 2020 and I am planning to get it stampped . I have my certified disposition stating the dismissal and the... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 9, 2022

Your criminal case was dismissed, thus, as long as you present the evidence of its dismissal and have not pled to a crime of moral turpitude, your visa should be approved in my professional opinion.

1 Answer | Asked in Criminal Law for New Jersey on
Q: This device was held by US customs and thoroughly tested for US compliance. The device passed and is legal in US

Flipper Zero is a portable Tamagotchi-like multi-functional device developed for interaction with access control systems. The device is able to read, copy, and emulate radio-frequency (RFID) tags, radio remotes, and digital access keys.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 23, 2022

And the use of such a device can still be illegal depending on what your using it for.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is it true that a prosecutor will purposely get a no bill from GJ to get rid of a case?

Sometimes for various reasons, the prosecutor cannot dismiss a bad case and will work the GJ to no bill to get rid of it. If the case is no billed it often is the end of the case.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 11, 2022

I guess what your saying is possible and I have heard rumors like this, but I have never seen it happen here in NJ.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I be arrested in LR,Ar and held for extradition for NJ state on a felony warrant for assault with a deadly weapon?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 4, 2022

You should ask an attorney where you think you may be arrested. But many states will extradite for a warrant from NJ.

2 Answers | Asked in Criminal Law and Employment Law for New Jersey on
Q: If convicted 15 years ago for CDS, will that show up on a criminal background check for NJ school employment?
Michael A. Smolensky
Michael A. Smolensky
answered on Oct 31, 2022

Generally speaking this will appear in any background check unless the defendant petitions for and is granted an order of expungement. But more information is required to answer this question under these circumstances. Contacting a criminal defense attorney to discuss this in greater detail is a... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Son was sentence to 364 days in county jail, 2 official misconduct charges. How much time does he have to serve.

He was a police officer.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 31, 2022

Could be as little as 2/3 but honestly only his lawyer would know and he/she should be the one giving you this answer as we can only guess without knowing much more about his case.

1 Answer | Asked in Criminal Law and Banking for New Jersey on
Q: I received this summons in my mail saying the charges is 2c:21-5 and 2c:20-3A I’m scared I’m a single mom with three kid

I have three kids I’m all they have I haven no family I’m scared for me n my kids

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 29, 2022

Yes you should be concerned whenever you get a criminal charge as you do have two. But if you get a good lawyer you can rest assured that you are doing all that you can to win, reduce or eliminate the penalties that your facing. Most of us criminal lawyers offer a free in office consultation, so... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: I have been accused of violating 2C: 33-4A (A petty disorderly offense) and I just received the summons in the mail.

I found out that my boyfriend had been having an affair with a friend of mine and I’ve been under extreme distress and anxiety because I lost my job and lost my health insurance so I haven’t been receiving treatment or medication management in months. Not only did I find out that my friend had... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 25, 2022

If you have this charge you should hire a good NJ criminal lawyer as your looking at up to 30 days in jail if convicted plus a criminal record. Most of us criminal lawyers offer a free in office consultation, I suggest that you should set one up.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, DUI / DWI and Traffic Tickets for New Jersey on
Q: Can I file a lawsuit against the State of NJ and the office involved if my cost convition appeal was approved?

My 3rd DWI had been overturned on a post convition appeal due to the Cassidy v. NJ case. I served 180 days in jail because of the charge. I got charged in 2015 went right to jail and released in 2016. The case was just overturned and I please down to careless driving. Can I have a lawsuit because... View More

Zev Goldstein
Zev Goldstein
answered on Oct 23, 2022

You posted this question to the NY attorney's forum. Try posting it again in NJ. Good luck!

1 Answer | Asked in Criminal Law for New Jersey on
Q: If I have a third degree aggravated assault do I have to provide dna sample
Michael A. Smolensky
Michael A. Smolensky
answered on Oct 21, 2022

In New Jersey, yes. It’s in the plea form. A defendant must provide the sample and pay for the testing.

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