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New Jersey Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: What is the penal code for misuse of a weapon and child endangerment
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 13, 2017

We would need to know exactly what happened as several codes could apply

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: pulled over on phone. asked about buying drugs bc bad neighborhood but was released w/o ticket. will they do anythingmor

told them i ended up in that neighorhood because i was driving around aimlessly. they told me my story "doesnt make sense" and car and my body was searched but i didnt have anything. is it possible they took something from my car without letting me know and can they still create some case... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 5, 2017

Anything is possible but in general if you were not charged at the scene I would be surprised if they later mail you a ticket or criminal complaint. Possible yes just not probable.

2 Answers | Asked in Criminal Law, Federal Crimes and Education Law for New Jersey on
Q: If a teacher refuses to follow emergency evacuation procedures deliberately, what law does that fall under?

During an actual evacuation in a public high school, a teacher was directed by administration to leave the building immediately. The teacher refused and continued to remain in the building to obtain an item.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 4, 2017

It would probably fall under an employment law problem.

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3 Answers | Asked in Criminal Law, Federal Crimes and Employment Law for New Jersey on
Q: 2C:52-11B(1) charges amended question. PLEASE ANSWER IF YOU CAN. THANK YOU!

I was charged with 2C:52-11B (1) I did not steal. I went shopping with two ex-friends, they went one direction I went the other. We met back at my car when the police ran up. Charging all 3 of us with shoplifting. My charge was amended to violation of municipal ordinance 271-1a Loitering. I am... View More

Mark Cheser
Mark Cheser
answered on Nov 18, 2017

2C:52-11 is in the expungement section. You were likely charged with 2C:20-11, shoplifting. The loitering is not a theft charge and as an ordinance is rarely seen on the CCH, the official record normally checked by employers, anyway. The problem is that the original charge is still on there and it... View More

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2 Answers | Asked in Criminal Law, Communications Law and Federal Crimes for New Jersey on
Q: In New Jersey, what are the teen sexting laws? If I am 16 and my girlfriend is 18, can we send private sexual photos?

I thought about doing stuff by sharing private sexual photos with her and talking to her about sending them too, but I want to know what is legal first. If she is an adult sending them to me is that legal?

James A. Abate
James A. Abate
answered on Nov 8, 2017

You both run the risk of being charged with possession of child pornography. In addition, it is a very bad idea to share nude or intimate pictures of yourself with anyone.

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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for New Jersey on
Q: Can you please explain and give a general opinion on what I should do.

Hello, my husband was recently arrested and is now facing 4 charges. I was wondering if you could give me a general idea on the situation that way i can have somewhat of an understanding so i dont address this blindsighted and am able to go about the situation the correct way. The charges are1).... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 8, 2017

Here we go:

2c:29-1A. : Obstructing Administration of Law. Either 4th degree crime or disorderly persons

2c:36-2. Possession with Intent to Use (Disorderly persons)

2c:35-10a (1) and 4). Possession of a Schedule 1-4 drug and a possession of 50 grams of Marijuana (3rd...
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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: If somebody went to court and got hit with 1st degree burglary & is a convicted felon, are they doing jail time?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 18, 2017

In general yes this person will go to jail for many years.i

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: If you file a complaint on someone with an open case with 1st degree burglary on probation, will they get in trouble?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 18, 2017

In general any new violation will be a violation of probation and subjects that person to revocation of his/her parole.

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: if you go to court and they hit you with 1st degree burglary how many court dates it takes to get sentenced?

I know somebody who's now considered an convicted felon, on September 5th she got hit with 1st degree burglary & they is trying to give her jail time she said from 2-3 years but she keeps going to court & she's on probation will they sentence her? How many court dates will take to go to jail?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 17, 2017

Everyone's case needs a different amount of days, some of my cases take 3 days others take 30 it just depends on whether it is plea, trial or combination of both.

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: If a robbery report is filed but charges aren't pressed and the money is paid back what happens from there

Took $400 returned it and signed a paper and came to an agreement that charges wouldn't be pressed but the robbery was already filed

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 11, 2017

Much more information is needed such as what does robbery already filed mean. But a person is always allowed to report a crime to the police even if an agreement is reached to pay back the money owed.

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Will living in MA(legal state) affect my punishment when charged with possession of marijuana in a illegal state(NJ)

I was a passanger in a car which was pulled over for speeding in new jersey.. the officer smelled marijuana.. i had 1/8th of an ounce in my back pack and they also found a burnt peice of a joint.. I live in MA where it is legal.. what are the chances i would be given drug test/drug classes ect. And... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 5, 2017

Marijuana may be legal in MA but not NJ and you face having a criminal record, possible jail especially if you have prior criminal charges or diversionary programs, and even if you are eligible for a diversionary program and the judge allows you in, you will have to remain drug free during your... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Identity Theft for New Jersey on
Q: if someone accused of bank fraud. video prove they at the bank but their phone track all place they at time and date?

if video show they at the bank this and that but the prove they have is their phone track all their location, and their neighbor proof that they were mostly home all the time? what will happen?

James A. Abate
James A. Abate
answered on Jun 29, 2017

If you have been charged with bank fraud you will be prosecuted and face imprisonment under state or federal charges. If you do not have a skilled lawyer you face a clear and present danger of spending a long time in prison. Do not speak to anyone either police or the bank until you have had a... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: I am a minor (17) that was recently detained and arrested for "being high on marijuana." Can charges be pressed?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 11, 2017

Yes you can definitely be charged with being under the influence of MJ and with your admission here they may also charge you with the paraphernalia as this is an open website and you have no attorney client privilege on the WEB. Thus stop talking about the case both here, over social media, over... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for New Jersey on
Q: I left my husband in Jan 2010 for domestic abuse. He got arrested, resisting arrest and hitting cop. Went to court cops

didnt show up so they dismissed the case. He kicked me out cause Lease was under his name and I was not allowed to take the boys with me. I had no where to go. So I came to Mass temporoy . He then went to court and said I abandoned the kids. So When we went for custody the judge or courts never... View More

Michael Andrew Conte
Michael Andrew Conte
answered on May 30, 2017

You have a complicated set of facts and issues, including domestic violence and child custody. The short answer is that you can bring your facts to the courthouse and file for a Temporary Restraining Order (TRO) against your husband, and the matter will be heard by a child support hearing officer... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Federal Crimes for New Jersey on
Q: Can you sue someone for misrepresenting facts in order to get a higher child support amount?

Can you sue for fraud, for expenses which never occurred and it has been proven but Family court Judge is unable to retroactively give back the ill-gotten gains due to Federal Laws?

Peter N. Munsing
Peter N. Munsing
answered on Feb 15, 2017

Don't know about federal laws, but if Judge is unable to get them to cough it up what attorney is not going to charge you to go after them? If you had to spend money for lawyer time to disprove them that is different--your attorney can ask to have counsel fees put on this.

2 Answers | Asked in Immigration Law, Federal Crimes and Communications Law for New Jersey on
Q: Would this be considered a crime? I recently signed into my college wi-fi using my own credentials to redirect traffic.

Would this be considered a crime? I recently signed into my college wi-fi using my own credentials to redirect internet traffic through my laptop.

This enabled me to view both student and professor login credentials

Three days laterr, I was questioned by the school police, arrested... View More

James A. Abate
James A. Abate
answered on Feb 12, 2017

A great deal more information is needed and you should have an in person consultation to go over all of those questions. If you have been charged, then obviously it is being considered a crime. Could it affect your immigration status, yes absolutely. But I am confused about your facing trial.... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Okay so my friend did something when he was thirteen but is now eighteen. Can he get charged for it ?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 15, 2016

That would depend on what he did, crimes like murder don't have a statute of limitations

1 Answer | Asked in Federal Crimes for New Jersey on
Q: Regarding supervised release for Federal crimes, how long are a persons probation records kept on file?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2015

Here is a link to the FBI website: https://www.fbi.gov/about-us/cjis/fingerprints_biometrics/arrest-disposition-submission.

Good luck.

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