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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Personal Injury for New Jersey on
Q: Victim of assault seeking legal advice in NJ.

I was a victim of an assault in Englewood, NJ, where I suffered injuries and had to go to the hospital. I have already filed a police report and have security camera evidence of the incident. I am seeking legal advice on how to proceed, including potential charges or filing a lawsuit against the... View More

Mark Cheser
Mark Cheser
answered on May 8, 2025

More information is needed. Keep in contact with the police. If they do not file a charge ask why they are not filing. You can file a charge yourself if they do not at the town courthouse. It can be either a indictable crime (an assault under 2C:12-1, normally one of the "B" subsections,... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Clarification on 3-year flat sentence with 728 days credited for aggravated assault, including concurrent sentence.

I need clarification on what a 3-year flat sentence with 728 days credited means in a case of aggravated assault. The sentence is being served in prison, with another concurrent sentence involved. The individual was arrested in May 2022. How does the credited time affect the total time I will... View More

Mark Cheser
Mark Cheser
answered on Apr 29, 2025

More information is needed. Normally aggravated assault would not be a flat sentence. Some of the subsections are not covered by NERA (no early release requiring 85% served before parole) but most are. But assuming you are correct and the term is flat the earliest parole date is 9 months or around... View More

2 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: Charged with possession but nothing found; search warrants not properly authorized.

I have been charged with possession of CDS, distribution, wandering, and possession on school grounds. However, nothing was found on me. During the process, the city police confiscated my girlfriend's car and executed a warrant to search my mother's home, but nothing was found at either... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 12, 2025

You need to do the only thing you can do when you are charged with a crime: hire a lawyer. The State feels its so important that you have a lawyer they will even pay for one for you, called the public defender if you make 125% or less of the poverty level. If you can afford a lawyer set up one... View More

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2 Answers | Asked in Consumer Law, Identity Theft, White Collar Crime and Criminal Law for New Jersey on
Q: How can I proceed legally after questionable job offer with financial transactions and lost bank access?

I was offered a job with Graceland Logistics, Inc for online chat support and provided a contract, which I received through Tik Tok. They requested personal and financial information, including my bank account details. Recently, they asked me to carry out transactions involving Apple Cash, bank... View More

Leonard R. Boyer
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answered on Apr 1, 2025

You are being scammed! No legitimate company does things that way. They also wanted you to Commit fraud and/or money laundering for them. Your desperation for a job is clouding your judgment. You should report this to the FBI.

Do not do something like this again! Not trying to be harsh,...
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4 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can I get domestic violence charges dropped in NJ?

I am being charged with domestic violence after a dispute with my fiancé that escalated, and I am not entirely sure of the exact charges. There was one witness to the incident, and there have been previous instances where the police were called due to my fiancé acting out of control. My fiancé... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2025

The witness really complicates things, but the best way to make sure he gets the best result is to make sure both of you have attorneys. I know you may say only he needs an attorney but this is a false premise, as many people think the prosecutor represents the victim but they don't. The... View More

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4 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can I get domestic violence charges dropped in NJ?

I am being charged with domestic violence after a dispute with my fiancé that escalated, and I am not entirely sure of the exact charges. There was one witness to the incident, and there have been previous instances where the police were called due to my fiancé acting out of control. My fiancé... View More

Richard Diamond
Richard Diamond
answered on Mar 24, 2025

It sounds like there may be 2 separate components to your inquiry.

The first is the domestic violence matter which will have a return date before a superior court judge. In the complaint ( several pages back), it will list the return date. If your fiancé wants to dismiss the dv complaint,...
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2 Answers | Asked in Criminal Law, Contracts and Civil Litigation for New Jersey on
Q: Charges for toll violation and altered plate when not driving in NJ

I am the registered owner of a vehicle that crossed a toll with an altered license plate. I was not driving the car that day, and I do not have evidence to prove my absence. I have received official communication and charges related to the incident. I believe the license plate was altered without... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 16, 2025

You are responsible for any car registered under your name unless you have reported the car stolen prior to the incident. That being said you may still have a defense. These are serious charges, thus make sure you get a good lawyer that knows the defenses to this charge, or at a minimum a lawyer... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can a domestic violence case be dismissed when one party mistakenly admitted fault?

How can a domestic violence case be dismissed when one party mistakenly stated they hit the other party first during an altercation? There is a court date scheduled, but there have been no previous legal actions or arrests related to this situation.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 12, 2025

Basically if you admitted to the events of the crime, the only thing that will get your case dismissed is a good lawyer on your side and some good luck. For example, I have had many cases dismissed where my clients have admitted to the event in question, but my relationship with the court and... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What to do about a bench warrant for a missed court date in NJ?

I have a bench warrant in Edison, New Jersey due to a missed court date. What steps should I take to resolve this issue?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 10, 2025

If you have a bench warrant it means you have a serious case that you should have a lawyer representing you for. A lawyer can also ease the process of turning yourself in and may be able prevent you for being arrested at the time you turn yourself in. Most of us Criminal Lawyers offer a free in... View More

4 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can a simple assault domestic violence charge be dropped?

I want to know if a charge for simple assault related to domestic violence can be dropped.

Richard Diamond
Richard Diamond
answered on Mar 4, 2025

I'm guessing you / your partner was criminally charged with simple assault through the police department, AND there was a domestic violence complaint filed as well through the municipal court judge or superior court judge sitting in the family part.

If my understanding is correct as...
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4 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can a simple assault domestic violence charge be dropped?

I want to know if a charge for simple assault related to domestic violence can be dropped.

Leonard R. Boyer
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answered on Mar 4, 2025

Yes it can, however you need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. If the person whom you filed the charge against, that person should retain an experienced criminal defense attorney and I can certainly recommend one. However, unlike with... View More

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4 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can a simple assault domestic violence charge be dropped?

I want to know if a charge for simple assault related to domestic violence can be dropped.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 4, 2025

Yes it could be dropped if you have a lot of luck and a great lawyer. Domestic Violence charges are one of the five most prosecuted crimes in NJ to which prosecutors are laothe to drop let alone downgrade. Having done this line of work for over 30 years of course I have had many dropped but its... View More

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2 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Do acts of harassment alone constitute stalking under NJ law when seeking an FPO?

I am experiencing harassment and potential stalking from an individual who has persistently contacted me. This person called me 73 times and sent 50 text messages in one night, making threats and using abusive language, including derogatory names. After blocking him, he continued harassment through... View More

Rafael Gomez
Rafael Gomez
answered on Feb 26, 2025

Greetings, based on the law cited below, the answer is YES. You should file a complaint with the police department to accuse him of this charge. You must be able to show police all of the proofs you have mentioned. Good Luck!

2C:12-10 Definitions; stalking designated a crime; degrees....
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1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Arrested under mistaken identity; seek legal guidance.

I was arrested in Dover, NJ, due to an error where warrants for someone with the same name but different social security number and birth date were mistakenly attributed to me. I was released on my own recognizance, pending a court appearance on March 3rd. I was living in Denver, Colorado, when the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 20, 2025

You need a criminal lawyer first and a civil lawyer for any civil suit. Just because you did not live in the State to the Police or Prosecutors mean nothing as you could have travelled to NJ to commit the crime and you will have to prove you were not in NJ (yes the law says otherwise, but lets... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Received tickets for hit-and-run, unaware of incident, with a court date scheduled.

I received four tickets in the mail for a hit-and-run incident with no injuries. The tickets state that someone reported I hit and ran their driver side mirror while attempting to merge. I was not aware of this incident, and there are no related damages to my vehicle. When I contacted the police... View More

Rafael Gomez
Rafael Gomez
answered on Feb 24, 2025

Greetings, if you appear in court without a lawyer, please ask the court to adjourn the case so that you may have time to consult with a lawyer. This is a serious charge because it has significant consequences which include a 6 month license suspension, at least a $500 fine, 2 points, DMV... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Received tickets for hit-and-run, unaware of incident, with a court date scheduled.

I received four tickets in the mail for a hit-and-run incident with no injuries. The tickets state that someone reported I hit and ran their driver side mirror while attempting to merge. I was not aware of this incident, and there are no related damages to my vehicle. When I contacted the police... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 19, 2025

You are facing up to 30 days in jail and a 6 months mandatory loss of license if you are convicted of leaving the scene of an accident in NJ. I thus must suggest that you hire a good lawyer. Unfortunately, in NJ a presumption exists that if you damage a vehicle with $250.00 or more worth of... View More

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1 Answer | Asked in Criminal Law, Juvenile Law and Gov & Administrative Law for New Jersey on
Q: Do I disclose past juvenile mental health commitment on NJ firearm application?

I am a police officer in New Jersey looking to apply for an initial handgun firearms permit. Over 10 years ago, as a juvenile, I was committed to a mental health medical center by my parents. Do I need to disclose this commitment on my firearm application?

Louis A Casadia
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answered on Feb 19, 2025

Yes and you are actually statutorily barred from having a Firearm ID Card unless you get that civil commitment expunged. Frankly, I am amazed this has not interfered with your career. Did this come up at all during your background check? You should seek legal counsel right away.

N.J.S.A....
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2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Consequences of driving without a license and using a false name?

My cousin was stopped by a police officer while driving without a license and received two tickets: one for driving without a license and another for driving with the lights off. She used her sister's name at the time of the stop but plans to rectify this in court. This is the first time she... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 14, 2025

The answer really depends on the statute number she is charged with, which you have not provided but she could be looking at up to 60 days in Jail and 6 months loss of her license. Make sure she gets a good lawyer she needs one, this is not a type of case you should try to help yourself on as the... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Consequences of driving without a license and using a false name?

My cousin was stopped by a police officer while driving without a license and received two tickets: one for driving without a license and another for driving with the lights off. She used her sister's name at the time of the stop but plans to rectify this in court. This is the first time she... View More

Stuart Nachbar
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Stuart Nachbar
answered on Feb 14, 2025

It is going to depend on why she lied to the officer and why she gave her sister's name. It is going to depend on who you get to represent her and his/her relationship with the Prosecutor of that town. Please get her a lawyer familiar with that Towns Prosecutor

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: FRO, Criminal hearing question

I have a fro hearing on Mon and wanted to know if I sign off on the civil restraints after I already sent information regarding my injuries to the prosecutor that’s handling the criminal case this coming Wed, my ex-boyfriend (abuser) versus the state. Will my submission will be still able to be... View More

Leonard R. Boyer
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answered on Feb 9, 2025

The most important thing for you to do is ask the Court on Monday for you to retain an experienced matrimonial attorney and do not agree to anything. If you make some type of admission in Family Court (which is were your Domestic Violence case will take place) is different from what you told the... View More

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