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New Jersey Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for New Jersey on
Q: Is criminal trespass in NJ a fourth-degree or disorderly offense?

If someone is not permitted to be inside a garage that is separate from a house and located on private property in New Jersey, and has no relationship with the property owner, and no prior warnings were given, is being arrested for criminal trespass considered a fourth-degree offense or a... View More

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

Based on your question it could possibly be either. The key word you mentioned was not permitted to be inside which would leave me to believe that the person had some type of knowledge that he knew he was not supposed to be on that property. That being said it sounds more like a disorderly person... View More

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3 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Charges and offense level for allowing someone with a suspended license to drive in New Jersey?

I would like to know about the charges and level of offense if someone receives a ticket in New Jersey for allowing another person to drive while knowing that their driver's license is suspended. It's the first time the person has been involved in such an incident, and there were no... View More

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

A person who owns, leases or otherwise has control or custody of a motor vehicle in NJ shall not allow that motor vehicle to be operated by an unlicensed driver. In other words the law requires the owner or the person who leased the car to check or make sure the person who is using their vehicle is... View More

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3 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Charges and offense level for allowing someone with a suspended license to drive in New Jersey?

I would like to know about the charges and level of offense if someone receives a ticket in New Jersey for allowing another person to drive while knowing that their driver's license is suspended. It's the first time the person has been involved in such an incident, and there were no... View More

Toshinori Isoai
Toshinori Isoai
answered on Jul 17, 2025

You may want to know that the prosecution has the burden of proof that you (1) allowed the unlicensed person to drive (2) with the actual/constructive knowledge that the driver was indeed unlicensed or suspended. It's extremely difficult for the prosecution to prove this charge against you... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for New Jersey on
Q: Seeking advice for husband's public misconduct charge in NJ due to intoxication.

I am seeking legal advice regarding my husband, who received a court summons for misconduct in public under NJ statute 2c:33a-2a1. He was drunk at the time and does not remember the events. He needs guidance on how to address this situation and what legal options might be available to him.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 7, 2025

He really only has two options. One plead guilty in which case the judge will just sentence him to what he thinks the proper penalty will be. Or choice Two Plead not guilty and either he can represent himself or hire a lawyer. A lawyer will look for any defenses he may have and even if none... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Does a disorderly conduct summons affect fingerprinting in NJ?

I received a summons for disorderly conduct in New Jersey due to being involved in a fight. Will this impact fingerprinting, and if so, how?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 18, 2025

In general if your are charged with a disorderly persons offense (a misdemeanor in other states) you would be fingerprinted at some point. Some PD's do this with the arrest or issuance of the complaint others wait till you go to court and still others I have seen wait until either you plea or... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Consequences of 2C:14-4B(1) charge in New Jersey with no prior convictions

Do you go to jail for a 2C:14-4B(1) charge in New Jersey if you have no previous charges or convictions and have not yet been to court?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 3, 2025

The answer is never a simple yes or no as to whether you will go to jail as a first time offender. Everything depends on the facts of the case and the charges. Please know that charges can be upgraded as well as downgraded until you go to trial. Programs do exist that the prosecutor may agree... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for New Jersey on
Q: Can carrying pepper spray for self-defense lead to legal trouble in New Jersey?

I am frequently harassed and sometimes assaulted by strangers in supermarkets and stores in New Jersey. As a racially half black person with brown skin practicing Islam, although I don't wear a headscarf, I feel like people may be discriminating against me. I am considering wearing pepper... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2025

Yes you can get in trouble because remember the defense of self defense is not just based on what you feel at the time, but what a judge or jury after the fact will consider reasonable. In this state the best defense is always to withdraw from the situation if at all possible, this is not a stand... View More

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5 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.

My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 13, 2025

Unfortunately, once someone tells anyone about a possible sexual assault at school, joke or not its going to be investigated by the county prosecutors office and the victim child will be seen by a social worker or psychologist to determine whether it really was a joke or not. Having done many of... View More

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5 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.

My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how... View More

Richard Diamond
Richard Diamond
answered on May 13, 2025

I presume that the police want to investigate an allegation of sexual impropriety by your son against your daughter's child (grandchild) and potentially, they are looking to criminally charge your son with an offense. Alternatively, based on the information provided, the police are planning to... View More

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2 Answers | 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

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2 Answers | 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

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

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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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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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.

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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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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