Howard M Weinstein's Answers

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

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.

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Criminal Mischief Penalty NJ

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.

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

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...

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

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...

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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?

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...

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

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.

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

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.

Am I in foreclosure? Do I need a lawyer, what kind?

Part of the foreclosure process involves your being served with a Complaint in Foreclosure. If you have not been served with that document, your lender has probably not yet actually filed the action against you. You should probably consult a Bankruptcy attorney, as if filing a Chapter 7 is appropriate it may get you additional time by automatically staying any foreclosure action. One of my partners handles Bankruptcy. Please contact me if you would like to set up a phone consultation.

Radar guns

An experienced attorney will know to request the appropriate maintenance records for the equipment used in your case, as well as certification reports for the tuning forks used to calibrate the radar equipment. While technical defenses do occasionally work out in your favor, the vast majority of speeding cases are resolved by your attorney negotiating a reduction to a low or no point violation.

3rd degree burglary and and criminal tresspasisng

I would hope to get you into PTI as your first line of defense. If that is not possible, your next best hope would be a downgrade to a disorderly persons offense. With no prior record, depending upon which County you are in, you are most likely looking at a non-custodial (probationary) sentence. Much of what will happen will depend upon your attorney, the prosecutor assigned and your Judge.