Thomas William Hartmann’s Answers

Thomas William Hartmann

Plainfield Litigation Lawyer.

Contributor Level 10
  1. Can someone be found guilty of possesion of CDs if it was not in their possesion nor where they found it was not their residence

    Answered about 4 years ago.

    1. Thomas William Hartmann
    2. Cynthia Russell Henley
    2 lawyer answers

    Under New Jersey law (as outlined in the statutes and in the criminal jury instructions), to “possess” an item, one must have a knowing, intentional control of that item accompanied by a knowledge of its character. So, a person who possesses an item must know or be aware that he possesses it and must know what it is. Possession cannot merely be a passing control, fleeting or uncertain in its nature. One must knowingly obtain or receive an item or be aware of his control of the item...

    Selected as best answer

  2. Can police interview under age child in school without parent constent??

    Answered about 4 years ago.

    1. Thomas William Hartmann
    2. Alan James Brinkmeier
    2 lawyer answers

    In general, questions related to a juvenile’s treatment in a criminal context are covered in the New Jersey Code of Juvenile Justice, N.J.S. 2A:4A-20. The juvenile also has the protections of the U.S. and New Jersey constitutions. Under N.J.S. 2A:4A-33, if a juvenile is taken into custody (a reasonable person would not think he could leave), the parent or guardian must be notified immediately. It is not clear from your question what circumstances surrounded your child’s questioning....

  3. Is there anyway I can get my license earlier than the suspended date or does NJ offer a work license which allows you to drive?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Thomas William Hartmann
    2 lawyer answers

    Your positive reaction and concrete responses to your earlier actions are admirable. It sounds as though you had at least two DWI convictions is a short period, though. For a second offense in this state, the legislature has mandated the loss of driving privileges for two years. The law allows sentencing judges no discretion in determining the length of a license suspension. There are no conditional licenses, despite your excellent rehabilitation record. I encourage you to continue...

  4. If I got a ticket for dui and blew a .07 what will most likely happen if i plead not guilty in n.j.

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Thomas Carroll Blauvelt
    3. Thomas William Hartmann
    4. Greggory M Marootian
    4 lawyer answers

    By falling below the “per se” blood alcohol content level of .08%, you have given yourself a good bit of running room. A “per se” violation means that the mere act of having a .08% blood alcohol content or higher while operating a car is sufficient evidence to constitute the offense of drunk driving in New Jersey. Without that “per se” support, the prosecution must show other evidence that you were intoxicated while driving. The prosecutor will have to rely much more heavily on human...

  5. How many times can the court postpone my dui charge for lack of discovery on behalf of the state

    Answered about 4 years ago.

    1. Thomas Carroll Blauvelt
    2. Steven W. Hernandez
    3. Thomas William Hartmann
    3 lawyer answers

    The New Jersey Municipal Courts follow Supreme Court Directive 1-84, which sets a general target of 60 days for resolution of drunk driving cases. Knowing about this and relying on it might help in your goal to move more quickly, though the courts also understand that discovery can often slow that 60 day timeline. But before you decide that moving quickly is beneficial, you would be well served to speak with an attorney who has studied the New Jersey DWI laws and can guide you. Why?...

  6. How can i fight a theft case. knowing im innocent

    Answered about 4 years ago.

    1. Thomas William Hartmann
    2. Cynthia Russell Henley
    2 lawyer answers

    In general, theft involves taking someone else’s property with the intention of depriving them of it permanently. In New Jersey, there are many forms of theft that are identified by statute for special handling or disposition as criminal matters. For example, New Jersey has unique penalties for motor vehicle theft. Also, the seriousness of a theft crime is determined by the value of the property stolen, how it was stolen, and what was stolen. Depending on the ultimate facts proven in a...

  7. Wrongful Termination?

    Answered about 4 years ago.

    1. Thomas William Hartmann
    1 lawyer answer

    In the private business world, absent an employment contract, the general rule is that your employer can terminate you for almost any reason as long as it is not a violation of the law such as discrimination on the basis of race, creed, religion, ethnicity, sex, veteran status and so on. If you had an employment contract, that could help, as it might spell out the exact reasons that can be the basis for your termination. A company handbook might also set out some termination procedures....

  8. What is the maximum sentence for a juvinille for 2nd degree robbory

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Thomas William Hartmann
    3. Judith Michael Fouladi
    3 lawyer answers

    This State of New Jersey sentences by the degree of the crime: first degree (more serious) through fourth degree. Possible elements of any sentence include incarceration, fines, probation, community service, weekend or night time incarceration, and driver’s license or auto registration suspension or revocation, among other things. While robbery is generally a crime of the second degree, it can become a crime of the first degree if, in the course of committing the theft, the actor...

  9. Whats the punishment for possession of 4 ecstasy pills in new jersey??

    Answered about 4 years ago.

    1. Colin G Bell
    2. Thomas William Hartmann
    2 lawyer answers

    Ecstacy is a street name for Methylenedioxymethamphetamine, a member of the phenethylamine and amphetamine families. New Jersey law has schedules which identify illegal drugs (or Controlled Dangerous Substances) by their seriousness. Ecstacy is a Schedule III substance, as an amphetamine derivative. There are five schedules, with Schedule I the most serious. New Jersey also sentences by the degree of the crime: first degree through fourth degree. Possible elements of any sentence include...

  10. Am I going to jail for 3x communiy service violation?

    Answered about 4 years ago.

    1. Elliot S Stomel
    2. Thomas William Hartmann
    3. Cynthia Russell Henley
    3 lawyer answers

    Your question raises more questions and does not allow a simple answer. For example, it would be important to know what other sentencing elements were involved in terms of fines, jail time, the length of time between your various convictions, whether you had any form of in-patient rehabilitation and so on. It would also be important to know if and how any court has previously addressed your failure to complete community service and whether you have any plausible reasons for your failure to...