Daniel A Serratelli’s Answers

Daniel A Serratelli

Clifton Criminal Defense Attorney.

Contributor Level 6
  1. Should I fight this parking tickets I received for double parking I believe to be mistaken?

    Answered over 1 year ago.

    1. Daniel A Serratelli
    2. Vikrant Kishin Advani
    3. Mark M Cheser
    4. Michael J Palumbo
    4 lawyer answers

    You only received one ticket? One thing to consider is if it is worth it for you to take the day off (if you work) to appear in court for one ticket that probably doesn't impose a very high fine. Also if they ticket everyone on a regular basis who parks the same way you were parked it sounds like a losing argument. Courts are not very big on dismissing parking tickets unless you have clear evidence that it was wrong for the officer to issue the ticket under your given circumstances.

    4 lawyers agreed with this answer

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  2. Is consent a viable defense to an assault?

    Answered 24 days ago.

    1. Michael Alvarez
    2. John B. Brennan
    3. Dean I. Schneider
    4. Gary X Moore
    5. Stuart A. Lautin
    6. ···
    10 lawyer answers

    I agree with my colleagues, however as several of them have stated it is very fact specific. More information would be needed. In my opinion, a consent defense will usually be weak, self defense would usually be a better option if applicable. As the others have stated if it was mutual fighting it can be charged as a DP, but you asked if it can be dropped. Were there any witnesses...for example, did the police or some other 3rd party witness any of the incident? Or.....did you just fight...

    4 lawyers agreed with this answer

  3. Got pulled over in NJ while Change of Non-immigrant status is Pending(USCIS) Got 2 tickets. What's next?

    Answered almost 2 years ago.

    1. Vikrant Kishin Advani
    2. Daniel A Serratelli
    3. Mark M Cheser
    4. Stephen D. Berman
    5. Brian David Lerner
    5 lawyer answers

    It is important to know whether or not you have been licensed before in NJ and also if you have a current drivers license in NJ or any other state at this time. Even if you only have an expired license, that can make a difference. Driving without a license is the bigger issue regarding your tickets. There are various options available to you as far as trying to work out a plea. Pay attention to the distinction between 39:3-10 (A) and (B). I do not know if you have an immigration lawyer,...

    3 lawyers agreed with this answer

  4. Why cant I plea out on a first appearence?

    Answered over 2 years ago.

    1. Daniel A Serratelli
    2. Mark M Cheser
    2 lawyer answers

    More details would be very useful here. Are you a United Stated Citizen? Often a judge will advise you to consult with an immigration attorney to understand any immigration implications of your plea (if citizenship is an issue) . There can be a variety of other reasons, but more details are needed to give definitive answers. Consult with an attorney if you are concerned that they may take that offer off of the table when you return.

    3 lawyers agreed with this answer

  5. If I "caused" an accident, wouldn't I get more than a "delaying traffic" ticket?

    Answered over 1 year ago.

    1. Steven J. Margolis
    2. Daniel A Serratelli
    3. William Gaston McLean III
    3 lawyer answers

    Delaying traffic and a seat-belt ticket are two relatively minor tickets. Keep in mind it is always best to consult with a lawyer in person to make sure you aren't overlooking any important details, If I was presented with the facts as you stated them and there is no indication of an accident you were involved in or a required court appearance I would probably just pay the fines. If there is no mention of you being involved in the accident anywhere I do not see how you can be held liable....

    2 lawyers agreed with this answer

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  6. I was arrested with the charge Simple Assault. Judge downgraded that to Boro Ordinance. Now do I have a criminal record?

    Answered 17 days ago.

    1. Kristy L. Bruce
    2. Eric M. Mark
    3. Alfonso Caprara
    4. H. Scott Aalsberg
    5. Kenneth Albert Vercammen
    6. ···
    8 lawyer answers

    I agree with some of my colleagues and this seems to be an area where I see attorneys and prosecutors giving conflicting information. You should go to the town and request a disposition so you have a record of exactly what you plead guilty to. Many municipalities will tell you they are unable to amend a domestic violence charge to an ordinance. Often the ones who will accept anger management do it in exchange for a dismissal upon completion if the complaining witness is ok with it. While...

    2 lawyers agreed with this answer

  7. Possible defense to 39:4-81 red light camera ticket in NJ (Does not clearly reveal the vehicle's and the make and model)

    Answered over 1 year ago.

    1. Daniel A Serratelli
    2. Vikrant Kishin Advani
    3. Mark M Cheser
    4. Michael J Palumbo
    5. Ric Futerfas
    6. ···
    6 lawyer answers

    In my opinion, rather than go to court, (possibly several times) it may be worth it to just pay the ticket. It is $85 with no points. The license plate is the most important. I don't know if you are only referring to the photo on the ticket you received, but keep in mind that if you plead not guilty and go to court they usually will subpoena the officer who will come with a video. The video may show the car more clearly. If you truly feel you are not guilty and will not lose money making...

    2 lawyers agreed with this answer

  8. What is the right route to take for an immigrant with a expiring green card with pending criminal charges?

    Answered about 1 month ago.

    1. Jeffrey A Kilmark
    2. Daniel A Serratelli
    3. Alexander Joseph Segal
    4. F. J. Capriotti III
    5. Giacomo Jacques Behar
    6. ···
    6 lawyer answers

    More information would be required here becasue there are many factors to consider in this situation. As my colleagues have mentioned, you should speak with both a criminal and an immigration lawyer. In my opinion it is important to get either a lawyer who is knowledgeable in both areas or an immigration and a criminal lawyer who either work together or have a working relationship so that there is an open line of communication. If you husband has to enter a guilty plea to something the...

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  9. Got 60/45 speeding ticket (4 points) and careless driving (2 points) ticket at the same time. Officer paced me, didn't use radar

    Answered almost 2 years ago.

    1. Vikrant Kishin Advani
    2. Anthony J Van Zwaren
    3. Mark M Cheser
    4. Leonard Roy Boyer
    5. Daniel A Serratelli
    5 lawyer answers

    I agree with my colleagues. If I had to add anything it would be for you to keep in mind that any municipal trial is a bench trial, their prosecutor, their judge, their officer. Unless you get lucky and an important witness (the officer) doesn't make the trial date the chances of beating the tickets at trial are probably not very good. An attorney in the majority of cases can negotiate a better deal. You can try for the unsafe driving (0 points) on the 4 pointer....Maybe you can get the 2...

    1 lawyer agreed with this answer

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  10. What are the chances for an 18 year old not to be sent to prison for being arrested for selling marijuana?

    Answered about 1 month ago.

    1. H. Scott Aalsberg
    2. Lee A Gronikowski
    3. Dean I. Schneider
    4. Mark M Cheser
    5. Eric M. Mark
    6. ···
    9 lawyer answers

    Further information would be needed to really answer your question. What I would want to know first and foremost is, how much marijuana and if he has any prior convictions. Since he is 18, we would assume either he did not have a record or at least it couldn't be much. If he was released without a bail it is likely it is not something he would necessarily go to prison for, however as my colleagues stated, a guilty plea to anything can seriously impact his future. You should speak to a...

    1 lawyer agreed with this answer