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New Jersey Federal Crimes Questions & Answers
2 Answers | Asked in Federal Crimes for New Jersey on
Q: In a Federal Case out of NJ as the prevailing party who gets the legal fees that are awarded?

If a client was charged 225hr by the attorney but the attorney files for legal fees at 500Hr as the prevailing party how is the 300 dollars addtional over the 225hr charged to the client awarded? Does all of the addtional 300 dollars awarded go the client or does a portion go the the attorney?

Leonard R. Boyer
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answered on Jan 30, 2021

I have never heard of a Federal case involving family law, nor have I heard of any attorney charging only $225 an hour for a Federal case and certainly not in New Jersey. If an attorney seeks any legal fees pursuant to a Court award of legal fees, an itemized statement of professional services and... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for New Jersey on
Q: I am a minor, and I may be charged with a 3rd degree felony. The amount of money that was taken was $6,000 from my job.

What may be the charges and what can happen.

The company said they would not press charges, but it wasn't on paper.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 14, 2020

It would be the same as if you were an adult. It's a third degree case which subjects you up to 3 to 5 years in jail $15,000 fine probation and restitution as required by the court. If you do get charged to make sure your parents hire a good lawyer for you to reduce or eliminate these penalties.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Whats the difference between charges 2C:35-10A(4) and 2C:36-2
Paul Ferrell Jr
Paul Ferrell Jr
answered on Oct 22, 2020

The first makes it a disorderly offense to possess marijuana and the second outlaws possession of drug paraphernalia- such as hypodermic needles and marijuana smoking pipes . Both are disorderly offenses.

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: Can I get arrested if my parent forces me to take and buy drugs?

So basically my mom made me buy/take street xanax. So she gave me money for me to buy the xanax and she told me what to ask for and when and how much. When i did find someone who had it and i told my mom about that and showed her what the person was saying. “i” (my mother) said yeah i’ll buy... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 22, 2020

Yes you can get arrested as you are committing a crime and so is your mother. The same as if your mother asked you to shoot a gun at a person, just because someone told you to do it, does that mean that you have to listen or that you have immunity from prosecution. By the way it is a crime for... View More

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My boyfriend has these charges (#1)2c:18-2a(1) (#2)2c-20-3a (#3)2c:-18-3b (#4)2c:-18-3b (#5) 2c:18-2a(1)

He is currently on probation, this will be his 3rd violation of probation. Is there any chance of him getting out ? If not, how many years is he facing?

James A. Abate
James A. Abate
answered on Sep 24, 2020

Third violation of probation, by commission of Burglary will invite a motion to remand to county jail. But he is presumed not guilty. It may be possible to avoid going to jail until trial. But he will need an experienced attorney and their work is cut out for them. On just the burglary alone he... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Can one still be sentenced to prison during the pandemic?

I have virtual court next week from a court date that’s been pushed back since March. My ex assaulted me, leaving me to have emergency eye surgery and vision loss. Can he still be sentenced to prison with everything going on? Thanks in advance.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 24, 2020

Yes he can still be sentenced to prison, make sure the prosecutor knows of your injuries.

1 Answer | Asked in Criminal Law, Employment Law, Federal Crimes and Sexual Harassment for New Jersey on
Q: Is there a Statute of limitations in NJ for sexual assault? Can I stay anonymous? This person was just publicized.

This happened at a place of employment.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 14, 2020

Yes a statute of limitations does exist both for the criminal charges and the civil charges. Speak with a lawyer if you have been assaulted you may be entitled to a large recovery for your injuries.

3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Would prosecutors have been allowed to bring criminal charges against the priest?
Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

Not enough information. Yes, no, maybe.

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1 Answer | Asked in Criminal Law, Traffic Tickets and Federal Crimes for New Jersey on
Q: If I had permission to borrow a car 2 months ago & returned it same day can a person press charges

I had permission to borrow a car about two months ago. The person gave me the key and I brought the car back right away when I was done. Now they are made at me for other reasons and are threatening to press charges on me for the time I borrowed the car out of spite. Can they?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 18, 2020

It would be hard for them to prove the case this far out. If they went to the police while the car was gone then they would have a good case. But anyone can file charges the question is can they win. If charged get a good lawyer.

2 Answers | Asked in Domestic Violence, Family Law and Federal Crimes for New Jersey on
Q: If a minor being verbally abused by a parent goes kinda insane and physically attacks them, what are the charges?

Details: The parent constantly emotionally/verbally abuses not only their mother but the child themselves and then one day has had enough , goes a little insane and then physically attacks the parent with an item that could be considered a weapon. If this were to happen, what are the consequences... View More

Richard Diamond
Richard Diamond
answered on Apr 6, 2020

The answer is that it is time to get counseling for yourself so that you can help deal more constructively with the stress of a parent doing or saying things that upset you to the point of wanting to react with violence. Every parent says / does things that can piss off their children but I dont... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New Jersey on
Q: My cousin went to jail and his charges are 2c39-4d, 2c39-5d, 2c5-1.A1 and 2c-11-3a(1) class1D

My question is: how long he can stay in jail bc of those charges?

Does he have any chance to be free If he pays a bond? How much can be a bond for those charges?

How much should be a good lawyer to defend him?

He is an illegal immigrant, can he be deported?

Thank you

Robert Roy Klein
Robert Roy Klein
answered on Apr 3, 2020

Just answering the immigration question. It depends on a lot of what happened and what comes out in the court proceedings. It's likely your cousin will serve time and then be deported.

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: If someone uses another persons Facebook messenger to send money to themselves with a stolen credit card linked to acc

Someone stole a credit card and linked it to their Facebook messenger for Facebook payment then another person logged into their Facebook messenger and sent themselves money to their Facebook messenger

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 20, 2020

This is a crime go to the police.

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for New Jersey on
Q: Credit Card Fraud: What can the outcome be if I have more than enough evidence?

A woman that I know had stolen my credit card and used it at multiple different stores (11-13 stores). I have more then enough evidence: messages of her sending my card information to another women, email receipts of food deliveries that were sent to the apartment that she was staying at, also... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 27, 2019

In any case the outcome is always the same until it comes out of the judges mouth that no one knows. Thus it can be guilty or not guilty. Based on what you have presented it sounds like it would definitely be a guilty

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: A government leader robs a bank and is arrested, convicted and charged by the FBI. Is this grounds for impeachment?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 27, 2019

Probably not as they will pass a law saying its legal, just like congress did allowing insider trading.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: I was charged with 2C:35-10B Im undocumented should I bring a lawyer to court? Should I be worried about ICE? im 18

Just turned 18 09-05-19

James A. Abate
James A. Abate
answered on Sep 27, 2019

Yes you should always retain a lawyer when facing a criminal charge. If you are undocumented, the stakes are even higher. There have been stories about ICE showing up to courts. I cannot predict if you will have issues if this is a first offense. I would retain a criminal lawyer and recommend... View More

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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Criminal Law and Federal Crimes for New Jersey on
Q: I have a signed one year residential lease with my tenant. He has only paid initial month and deposit. He did not have e

He did not have employment like he told me so he knew he would not have the rent when he signed. He has a history of bad debt, judgements for non payment, jail for check frauds, etc. Is there anything criminal for bad faith entering into the lease knowing he would not be paying?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 6, 2019

Unfortunately you should have done a background check prior to giving the lease.

2 Answers | Asked in Criminal Law, Family Law and Federal Crimes for New Jersey on
Q: can a 19 year old press charges on his own father?
James A. Abate
James A. Abate
answered on Sep 3, 2019

There is nothing to prevent a person of majority from seeking either a TRO or FRO against a family member.

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Do you need a lawyer if you get charged with nj2c:52a and 2c;35-5a
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 26, 2019

Of course you should have a lawyer your looking at a distribution charge which can sentence you to years in jail, loss of your drivers license, probation etc.. Thus yes you should get a lawyer and remember one rule: Generally the more time an attorney has to work on the case the better the result... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Identity Theft for New Jersey on
Q: my brother was arrested for wire fraud and aggravated identity theft. it has been 2 months since his arrest.

the public defender assigned to his case claims she has not received all documents. is there a time constraint on when she needs to have all documents? she there a way for my brother to obtain them?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 18, 2019

Generally the Discovery is given pretty early on in a Superior Court criminal case so two months is a little long. But we don't know all the facts of his case whether he's incarcerated or free, the country he is in and whether he's been indicted or not etc. etc. If you are... View More

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