Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: I currently have multiple active warrants from multiple departments for felony criminal charges. What should I do next

I'm currently wanted for alleged motor vehicle theft, car jacking, theft, etc in NJ. I also have a current probation violation out of pa, as well as on going felony court proceedings in New Hampshire. I know I can't run forever and the longer I do the worse it gets. The Pa warrant is a... View More

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

If you truly want to take care of this you need to hire lawyers in each state and then follow their advise on how to turn yourself in to make this easiest as possible. The charges as you know won't go away and if you get found before turning yourself in that always looks worse as turning... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What does it mean when my civil case is going to court before my criminal case?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 26, 2022

The answer would depend on what the cases are about such is it a restraining order in civil court but an assault charge in criminal court, or it could be a restitution case in civil case for taking merchandise and a shoplifting charge in criminal court. See the problem everything depends on what... View More

2 Answers | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: What is the statute of limitations for 2c:34-3?

I ask because I have an eye witness who states (in an affidavit) that she walked in on my niece's dad showing my niece (then 6 years old) sexual content. I'm in litigation for custody of my niece and the judge is ignoring a lot of evidence--including my niece (when she was 7) sending me a... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

The judge in a custody case is the wrong person to be discussing this matter with.

You need to communicate exclusively with the detective assigned to investigate the criminal complaint.

Don’t even bring the subject up in the custody case or the perpetrator will be able to use...
View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for New Jersey on
Q: Theft of Services? Customer wrongfully disputed credit card charge

We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 16, 2022

First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... View More

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: 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: 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

View More Answers

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: 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

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.

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

View More Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.