Howard M Weinstein’s Answers

Howard M Weinstein

Millburn Criminal Defense Attorney.

Contributor Level 8
  1. A question about criminal charge being downgraded

    Answered over 1 year ago.

    1. Jeffrey Anthony Skiendziul
    2. Thomas Carroll Blauvelt
    3. John George Ducey
    4. Mark M Cheser
    5. Howard M Weinstein
    5 lawyer answers

    Downgrade I the offense affects only the level of charge that you are facing. The amount of restitution can be determined by either a Superior Court Judge or a Municipal Court Judge following a downgrade, but that will not affect the amount of restitution.

    4 lawyers agreed with this answer

  2. I have a 20 year old warrant that I believed was taken care of. And I have a new charge that I must be in court for.

    Answered over 1 year ago.

    1. Eric M. Mark
    2. Keith Scott Massey Jr
    3. Howard M Weinstein
    3 lawyer answers

    You should call them and find out if a bail was set when the warrant issued. If you go there with the bail amount in hand, they will give you a court date and not detain you.

    1 lawyer agreed with this answer

  3. If people get thrown off Welfare for fraud, do they have to pay it back?

    Answered over 4 years ago.

    1. Howard M Weinstein
    1 lawyer answer

    I would contact the local welfare office and ask for their fraud hot line number. You can probably file an anonymous report of fraud. If they were investigated, charged and convicted, they could be ordered to pay criminal restitution. In addition, the State can pursue them for civil penalties for fraud.

    2 people marked this answer as helpful

  4. Under New Jersey landlord tenant laws can my landlord demand additional monies for moving my wife in

    Answered over 4 years ago.

    1. Howard M Weinstein
    1 lawyer answer

    As is usually the case in LT cases, it depends upon what you agreed to in your lease. A limit on occupancy is a typical term of a lease, and the landlord has the option of serving you with a Notice to Quit that would demand the additional occupant vacate or terminate your lease and file for summary dispossession (eviction). Your best be would be to negotiate with the LL for a modification to the lease.

    1 lawyer agreed with this answer

  5. Criminal Mischief Penalty NJ

    Answered over 4 years ago.

    1. Howard M Weinstein
    2. Howard Woodley Bailey
    3. Carlos Gonzalez
    3 lawyer answers

    As usual, the answer is "it depends." If the value of property is under $200, then the offense would be grade a Disorderly Persons offense, which has a maximum penalty of $1000 fine plus assessments and/or up to 6 mos in county jail. More than $200 in value, and it becomes an indictable offense, which has harsher penalties and potential for felony conviction on record.

    1 lawyer agreed with this answer

  6. I was cought with cds(10 pills of extacy) , and under 50 gm of marijuana and i have court

    Answered over 3 years ago.

    1. Howard M Weinstein
    1 lawyer answer

    As with most legal questions, the answer depends upon a number of issues. The first and most important is whether or not the charges have been downgraded to Municipal Court. While 10 pills of X is a felony, since it is a relatively small quantity it could be downgraded. The <50 grams marijuana is already a disorderly persons offense (misdemeanor). I would strongly urge you to have an attorney, as depending upon your record you could receive a jail sentence for these charges. Your...

    1 person marked this answer as helpful

  7. Can someone file a restraining order just to take your daughter away from you?

    Answered over 4 years ago.

    1. Howard M Weinstein
    2. Ronald Anthony Sarno
    3 lawyer answers

    As with most disputes in court between former spouses, credibility is everything. If you can prove she was not truthful in one instance, you can argue that she should not be taken at her word in any other instance. Can she file a restraining order based upon a lie? Of course she can file. If she does, your response has to be to put up a rigorous defense and be certain to prove to the court that she is lying. Once a judge views her as a liar, it will be very difficult for her to try to use...

    1 person marked this answer as helpful

  8. How much it will be the fine ? what can i do because iam student in egypt nd iam there right nw nd the court is after 2 weeks?

    Answered over 3 years ago.

    1. Thomas Carroll Blauvelt
    2. Howard M Weinstein
    2 lawyer answers

    I agree with the previous answer, if you do nothing you risk a warrant being issued for failure to appear in court. If that happens and you return to the US, you could be detained at the port of entry. I would strongly urge you to retain an attorney who can advocate on your behalf and attempt to resolve the case for you. It is very likely that you will have to appear in court at some point in order to resolve the case. The offense is an Indictable offense (felony), so I would not ignore the...

  9. Will a citation be issued via mail.? Should she contact the police?

    Answered over 3 years ago.

    1. Howard M Weinstein
    2. John P. Yetter
    2 lawyer answers

    It is possible that the officer will mail a summons, as there is no rule that prevents him from doing so. The best advice would be to do nothing and to wait and see. If you do not want to wait, you should call the local municipal court and ask the administrator if any complaint has been filed.

  10. Where do I file harassment charges, in the town I live or the town where the person who posted a negitive comment about me.

    Answered over 3 years ago.

    1. Howard M Weinstein
    1 lawyer answer

    While jurisdiction lies in the State of NJ, venue would lie in the jurisdiction where the unlawful conduct occurred. One exception to this I am aware of deals with a phone call. Venue for an act of harassment via phone has been held to exist at either end of the phone line. I would argue that the same applies in your case and file in your local jurisdiction. The worst that could happen if it gets dismissed on venue grounds, you would have to refile in the correct venue.

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