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New Jersey Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for New Jersey on
Q: I got arrested after a warrantless search and the police took my mothers car

The car wasn’t registered yet, but I had the title, which was made out to my mother, and showed it to the cops before the search. They took the title and the car. It’s been a month and they aren’t giving it back. I told them on the scene that it was my car just in my mothers name trying to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 19, 2022

We can't tell you why the car has not been released as we don't know the police's side of the story, but it may be because they can't release an unregistered car out of impound in most cases.

1 Answer | Asked in Car Accidents and Criminal Law for New Jersey on
Q: I woke up one night at approximately 5pm, I went outside to go to Walmart and my car was gone. I reported car stolen.

The police came back the next night accusing me of making false report because apparently my ex boyfriend was driving the car and had gotten into an accident. I allow him to use my car when he needs it but in this particular day I did not know that he had the car as I thought he was out of state.... View More

Michael A. Smolensky
Michael A. Smolensky
answered on Oct 11, 2022

This sounds important. But it is difficult to answer this question online because more information is necessary. If it is as important to you as it sounds, then you will want to contact a private attorney to discuss this in more detail.

1 Answer | Asked in Criminal Law, Federal Crimes and Native American Law for New Jersey on
Q: What laws are in place to prosecute non-Native offenders who commit crimes on Native reservations?
Scott E Beemer
Scott E Beemer
answered on Oct 8, 2022

It depends. Currently, Oklahoma v. Castro-Huerta, a majority of five justices sided with the state of Oklahoma, finding that state governments have the legal jurisdiction to prosecute non-Native citizens for crimes committed against Native citizens on sovereign tribal lands.

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for New Jersey on
Q: I have a complaint against my employer for harassing me through text messages calling me names and stalking my house.

I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 30, 2022

We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is Camden county transferring inmates to state institutions.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 3, 2022

To my knowledge the answer to your question is yes but you can check with the county.

1 Answer | Asked in Wrongful Death and Criminal Law for New Jersey on
Q: Can you get immunity after lies under oath?Murder charge was dropped to 2nd degree robbery?

Even if procecutor or judge says you will do time if you lied?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 31, 2022

I can't answer this question; this is not a question about any aspect of an appeal.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I still be charged with 2C: 33-2 (b) if there was no one around that heard the offensive language being urrered ?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 25, 2022

Someone would need to be able to hear you if you were charged as their must have been a complainant. If not you may have a good defense. If charged speak with a good criminal lawyer. Most of us criminal lawyers offer a free in office consultation.

1 Answer | Asked in Criminal Law for New Jersey on
Q: It is unlawful to a car owner to deny the name of another person who committed a crime while driving the owner's car?

It's been 4 months that I had been assaulted in Newark, N.J. I called the Police on that day since the guy punched me on the head and also threw away my personal phone. Since then, a Detective contacted me via text message about the case. I provided the Detective the picture/plate of the car... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 24, 2022

A person always has the right to remain silent with the police. Yes you can sue her, but many attorneys won't take this type of case unless you pay them per hour.

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My friend is in county since yesterday for credit card theft gave 9 charges superior is there chance he will be released
Michael A. Smolensky
Michael A. Smolensky
answered on Aug 24, 2022

To be held in pretrial detention is ordinarily not part of anyone's plans. Nevertheless, more information is required to develop the arguments for his release. In the meantime, if your friend very much wants the court to order pretrial release, then he will want to give careful thought to... View More

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Can a juvenile be detained for a criminal act he admitted to even if everyone involved was not questioned?

My 16 yr old is being detained because he admitted to a criminal act but not everyone involved in the incident was questioned yet. Also, the weapon in the complaint is not what my son admitted too - and the complaint document was shown to us after he was detained.

Is this process correct?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 21, 2022

The short answer is yes a juvenile can be detained for a criminal act he admitted to even if everyone involved was not questioned. That being said that does not mean that the police didn't do something wrong in the investigation and you should definitely hire a lawyer to determine this and... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New Jersey on
Q: My fiancé is close to receiving a plea deal and close to his sentencing. Is it too late to change lawyers.

He was supposed to go to a hearing on Thursday but for some reason they did not have it. Also by any chance can the money we already paid the current lawyer be transferred to the new lawyer?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 12, 2022

You can always change lawyers however, your old lawyer will be entitled to the money he has earned already generally computed at the lawyers normal hourly rate. That being said a lot of lawyers are weary of taking a case at the last minute like this as it will take a lot of time for your new... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is the common sentence in New Hersey for the charge of Possession of CDS, Manufacture and Distribution of CDS
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 7, 2022

The common sentence depends on the degree of the charge you had and the amount of drugs as distribution has different levels depending on the drug. The most common is a 3rd or 2nd degree both of which carry jail terms. The third degree has 3 to 5 years in jail but if you have a clean record and a... View More

1 Answer | Asked in Criminal Law, Family Law and Estate Planning for New Jersey on
Q: How does an inmate get a general power of attorney signed over

The form already filled out. Can I just get two witnesses inside to sign or how would I get something notarized while incarcerated

Michael A. Smolensky
Michael A. Smolensky
answered on Aug 5, 2022

Logistics will require coordination with prison/jail security. Generally speaking if one is serious about the execution of a power of attorney or any other estate planning documents, then one ought to seriously retain an attorney to draft and oversee the execution of the instruments.

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: Is it legal to record someone who enters my apartment, either with or without their knowledge?
Matthew Schutz
Matthew Schutz
answered on Jul 29, 2022

As long as your camera is legally entitled to be where is, it's perfectly fine to photograph or record whatever is in its line of sight. Certain things are illegal, recording people using your bathroom facilities, as an example. Otherwise it's not a problem.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: My son 15 years old got a tattoo by a girl who is also 15 years old can I sue parents

My 15 year old son got a tattoo by a girl who is 15 too at her house with 5 other kids also getting tattoos can I sue parents make them pay for tattoo removal

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 28, 2022

Yes you can try to sue the parents, you may also try to go to the police and have child endangerment charges filed.

1 Answer | Asked in Criminal Law and Child Custody for New Jersey on
Q: Im 17 my boyfriend is 18.if I have a video confection of my mother kicking me out could she put a runaway report on me

Could my 18 year old boy friend get in trouble for me being at his home being 17 and being kicked out my family’s home

Richard Diamond
Richard Diamond
answered on Jul 25, 2022

You are 17 yours old and you and your mother had a fight. As a result, you have decided to move in with your 18-year-old boyfriend. I presume that your mother wants you to come home and you do not want to do so. I'm also guessing that you are still in high school, so the next question is what... View More

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