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James Alexander Abate
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James Abate’s Answers

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  • I have a 5 day TRO w/ no contact . I clicked send on an email before TRO. Outlook sent it next day. Now I have violated the TRO

    First off. What does this mean? Will it now be final? I'm pretty sure that I can prove that this was a technical glitch from the properties tab of the email. I know I would have to have a hearing to get it dismissed. Obviously I need a law...

    James’s Answer

    You face a criminal contempt sentance. I have had clients send a linked in request to everyone in their contacts. This inadvertently included the protected party. The State took it incredibly seriously and we had to go to trial. While it may have arisen as a trivial thing, the authorities my not find it so.

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  • Proving that a TRO is frivolous. How scared can she be if she sent email to a guy on Ashley Madison 20 mins before hearing?

    Bottom line is this. She tried to set me up by inviting me over then calling the police saying she was scared. Then 20 minutes before the hearing she sends a message to a new guy on Ashley Madison. There are other things like she said she pla...

    James’s Answer

    • Selected as best answer

    Admitting that you committed a federal computer crime and have been stalking her is not going to help you. She can be afraid of you and not be afraid of someone on a dating site.

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  • If I don't have money to pay my bail bond how long I stay in jail after my first court day

    I never arrests in my life but if I fight how long I stay in jail

    James’s Answer

    Until the completion of your trial and if you're convicted any additional time required to satisfy your sentence.

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  • I got into an accident while driving w/o my interlock. What are the fines in nj

    minor accident, not drunk

    James’s Answer

    That would depend on what you were charged with. You could have simply received a ticket for the careless driving or you could have been charged with driving while revoked under the DWI enhancement (Jail plus Suspension). Without information on what you were charged with, its not possible to give you any guidance.

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  • Does 39:4-215 result into additional points on my driver license?

    I got a ticket for failure to obey signals signs or directions. Will the municipal court be able to be more specific about the traffic violation I made (I no longer remember what the police officer told me at the time). I also got +4 points fo...

    James’s Answer

    4-215, is a no point violation and usually there has to be a state of emergency declared by the governor to write this offense. I'm confused as to what you are talking about with getting 4 points. Perhaps you had other tickets.

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  • Two people caught shoplifting.

    If two people were caught shoplifting on camera, both were seen putting the stuff in bags, but only one walks out with the cart of stuff with the other behind them are they both guilty of the crime or is it only the one that walks out with it?

    James’s Answer

    It's a factual sensitive inquiry. But from your description both could be charged.

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  • Negotiate ticket with a provisional license

    If one has a provisional license when they get a ticket, however, graduate to a full license by the time of their court date, can they negotiate the ticket to zero points?

    James’s Answer

    I say this not in self interest since I don't handle that court. Your chances improve with competent local counsel. It is possible, but not a sure thing. If it is important to keep this off your record, hire an attorney.

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  • Should I worry about losing my license in NJ from driving with a suspended license?

    Long story short: I moved back in December and never updated my address. I had insurance surcharges from the NJ DMV from an old ticket. I missed a payment and was unaware of my license getting suspended from this (the notice went to my old address...

    James’s Answer

    • Selected as best answer

    I have had an office in Bridgewater for 8 years and have dealt with the Court there 100's of times on issues like this one. As Mr. Aalsberg notes, you are facing serious charges, which you note could result in loosing your job. So you are correct to take it seriously. At the same time, Mr. Chesser is also correct that Prosecutor Bateman and Judge Kellher are somewhat reasonable. as many have stated, you should retain counsel to see your way through ice bergs on your horizon.

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  • Can officer pull me over for cracked window?

    I was pulled over by a cop who was driving in front of me at the time. The cop pulled over to get behind me then pulled me over. He said he pulled me over because i have a cracked window. The crack is in the bottom center of the front wondow goes ...

    James’s Answer

    The basis for the stop will stand as the officer had a reasonable suspicion that you were operating your vehicle in dangerous condition. Upon stopping the vehicle, they allegedly smelled marijuana and you rightly declined a search. This is where things seem to go wrong from your description. The police should have brought out the drug sniffing dog to confirm the suspicion. A recent Supreme Court case, US v. Rodriguez I believe, held that police cannot detain an individual (or their vehicle) for more than a brief time to bring out the dogs. This case may prohibit the towing of your vehicle. I recommend you retain counsel to evaluate a motion to suppress based on the detention of your vehicle.

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  • Can I file bankruptcy on municipal court fines traffic court fines

    In collections

    James’s Answer

    I am not a bankruptcy lawyer. But I doubt that would work. The court's position will likely be that you can always serve your fines as jail time at $50 per day.

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