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New Jersey Libel & Slander Questions & Answers
1 Answer | Asked in Criminal Law and Libel & Slander for New Jersey on
Q: What statue would I use if I wish to file a criminal complaint against someone for calling NJ DCPP out of malice?

My husband and I were both arrested but ultimately the charges were administratively dismissed, however the person that called DCPP had since posted things on social media, I filed harassment charges, she received a downgraded charge of township ordinance with a sixty day suspended sentence,... View More

Santo Artusa Jr.
Santo Artusa Jr.
answered on Jan 26, 2017

It would be very difficult to prove actual malice on a DCPP call out of "concern"

1 Answer | Asked in Civil Rights, Criminal Law and Libel & Slander for New Jersey on
Q: A NJ police called my elderly mentally ill mother in NY and threatened her with arrest on false claim against me.

The claim was made by the company with which I had a contract dispute. And in retaliation they claimed that I entered their office without permition, even though I worked in that office for 9 previous month and had a company issued badge. They never revoked my permission to enter office and when I... View More

James A. Abate
James A. Abate
answered on Oct 6, 2016

It is not difficult to make out a claim of probable cause. The complainant simply needs to make an allegation that --if proven true-- would satisfy a conviction under the statute.

You are at risk of a criminal conviction and a. Criminal record. A probable cause hearing is available. But...
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2 Answers | Asked in Criminal Law and Libel & Slander for New Jersey on
Q: I was charged with N.J.S.A. 2C:18-3b wich is - according to the above - a petty disorderly person. Can I be arrested?

I visited police station and was handed a complaint defendants copy

James A. Abate
James A. Abate
answered on Sep 22, 2016

The presentation of a charge against you amounts to an arrest. Because it is under section 2C of the criminal code, it will appear on a criminal background check until it is expunged. Because of the potential poison your future with a criminal conviction, it is recommended that you retain a... View More

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1 Answer | Asked in Family Law, Civil Litigation and Libel & Slander for New Jersey on
Q: Can I sue my son's ex girlfriend for slander.she accused me of touching my granddaughter which is untrue.

I was questioned by the prosecutors but not charged she made this up to gain custody of her kids and the judge bought it.she still brings this up which keeps me from visiting with my grandkids or them coming here.they are in red bluff ca.

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Money would be better spent getting an order allowing supervised visitation.

2 Answers | Asked in Criminal Law and Libel & Slander for New Jersey on
Q: Hi, can I sue someone for my lawyer fees if they sued me without having any evidence against me?

I have been accused of harassment, trespassing and criminal mischief. The other party claimed that they had security camera evidence against me yet never produced it. I wanted to represent myself but the court said I needed a lawyer because it was a criminal case. Would I be able to sue them for my... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2016

No, you would not be able to sue. Sorry.

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1 Answer | Asked in Libel & Slander for New Jersey on
Q: An ex fiance is threatening to sue me with an extortion letter for monies that were given to me while we were together

He threatened me to take action if not responded in 3 days it has now been three days

An ex fiance is threatening to sue me with an extortion letter for monies that were given to me while we were together many years ago. He said I do not have to pay the monies back and now years later he... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 21, 2015

It is not the crime of extortion if a person thinks a debt is valid asks for repayment and states if the money is not paid back by a certain period that they will take you to court. However it does seem like you may have a defense if he does sue you, but I would suggest that you get a lawyer to... View More

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