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Michael J Sluka

Michael Sluka’s Answers

11 total


  • Is a second DWI in NJ the same charges as a 1st one if it is over 10 years later that you were arrested again?

    getting a second DWI 12 years after a 1st one, how does that work in regard to the penalties? Confused

    Michael’s Answer

    If the second is over ten years after the first one you should be able to get a 'step down' which means the second is treated as a first for sentencing purposes. A knowledgeable attorney would be able to make sure you get this benefit.

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  • My son was arrested. He Has asbergers, & ADHD. Was not appointed attorney. 2nd court date coming up.how can the court do that?

    20/special needs. Asbergers, ADHD Bi-Polar, DV charges. No criminal history. Letter requesting leniency written due to the tragic accident of his sister. Enermous loss zach. We're a family in crisis. 1st court date Court asked if he had attorney...

    Michael’s Answer

    My colleagues are correct. He needs an attorney right away. There are skilled attorneys on this site. His diagnoses can in some circumstances be used as a defense or at least some mitigation. I have experience in dealing with this type of disability and am familiar with autism and asbergers etc. In any event you should get him representation as soon as possible. Good luck...... Michael J. Sluka, Esq.

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  • Charged with trespassing and possession of alcohol. Forgot to show up for court date. What should I be expecting?

    I am 19, I got charged with trespassing and possession of alcohol. I forgot to attend my court date and have been issued a new one. What kind of consequences should I expect for both my original charge and failure to show up to court?

    Michael’s Answer

    Trespass is a criminal charge as well as the underage alcohol charge. As long as you received a new court date and not a warrant you are fine. You should be represented by a criminal lawyer. I am familiar with Secaucus Municipal Court and would be happy to help. Please call me at 201-798-6500.

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  • Unintentionally I put one under garment taht i was trying in my bag. The Kohls people thought that i am shoplifting . Advise ??

    I was trying some under garments the changing room and unintentionally put that in my bag. The Kohls lady thought that i am shoplifting . I tried to convinnce but .. She had me filled a form a form and said taht I cant shop for 1 year in Kohls. A...

    Michael’s Answer

    There is some confusion here. If you were not arrested and therefore not charged, there is no reason you should have to appear in court. Having extensive experience in this area some stores will take your information and have you sign a no trespass form and not formally have you charged with shoplifting. When this occurs however you need not appear in court. The only reason you would to appear in court would be if you were charged. You did not mention your age though and if you are a juvenile (under 18) this could be a reason you were not charged on the spot but may receive something in the mail. You should get an attorney ASAP do younger the correct information and resolve this situation.

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  • How much is the fine or what is the penalty for domestic violence charges for wildwood nj if its someones 1st offense ever??

    last thursday while on vacation in wildwood i was very drunk and i hit my step dad in the face with my fist and i got hit with domestic violence from the cops.. now my parents didnt press charges so i was wondering what the fine/penalty would be s...

    Michael’s Answer

    You would be wise to retain counsel on this. This sounds like a mandatory arrest based on the officer observing an injury even if your step- dad did not want to prosecute. You may have a temporarary restraining order and also criminal charges probably simple assault which carries a maximum sentence of 6 months in jail and/or up to a 1000 fine. A good lawyer may be able to get the criminal charge dismissed as well as getting the restraining order dismissed. This is too far south for me but you should definitely retain counsel.

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  • How to name beneficiary to life insurance policy??

    If I have a will and have named a beneficiary to a specific life insurance policy in the will, is that good enough?The policy has no beneficiary named. If on a life policy I have named a beneficiary but forget and assign the beneficiary as some o...

    Michael’s Answer

    It is essential that you speak with a Florida attorney. In New Jersey when you name a specific beneficiary, upon your death that account passes to the beneficiary immediately WITHOUT going to probate through your Will. So, if you name a beneficary for example on a bank account but your will says everything you have gets split bewteen 3 people then that asset goes to just that one person and not split 3 ways as per your Will. You should sit down with an Estate Planning Lawyer asap.

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  • Do banks usually freeze the checking accounts of people who file for bankruptcy??

    Do banks usually freeze the checking accounts of people who file for bankruptcy??

    Michael’s Answer

    I do not believe banks should be doing this . While most banks do not there are some that do . They freeze the account and then look to the Trustee appointed for guidance. When this happens to one of my clients I provide the Trustee with proof of what is in the account which amount I would have claimed as exempt in the Petition. I then ask the Trustee to fax a letter to the Lender authorizing the unfreezing of the account . I have not had any issues with getting this done fairly quickly but each case is different and will stand on its own specific facts.

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  • How long does it usually take for a chapter 7 bankruptcy ? from filing to finish, if no complications?

    how long does it usually take for a chapter 7 bankruptcy ? from filing to finish, if no complications?

    Michael’s Answer

    This answer depends on a few things. Once you have met with your attorney and provided all the necessary information including tax returns, credit reports, bank statements etc. the attorney can prepare the Petition for filing. Provided you have done the mandatory credit counseling the attorney can than file after you have signed the Petition. In my office we take about a week to prepare the Petition unless it needs to be filed sooner. Once filed a 341A hearing is scheduled to take place within about 30 days. 60 days from that meeting assuming no complications or objections the Bankruptcy Court enters a Discharge and the case is complete . Therefore, in total I would say 4 months is a typical time from beginning to end. You absolutely should have Counsel to do this correctly . Whenever I see people who have either tried to do it themselves or used a preparer service there are problems Sibiu should have a bankruptcy attorney.

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  • Demand letter from attorney for $150 civil penalty – should I pay penalty, get release in exchange for no criminal charges?

    My 18 year old son was caught shoplifting an item that cost less than $10 at a retailer. He was stopped before he left the store and immediately handed over the item. They asked for his driver’s license, copied down his information but he did not ...

    Michael’s Answer

    There is a one year statute of limitations on this dp offense. Technically, It is unethical to receive money in exchange for not filing criminal charges so I doubt the store would include this in a Release. Since criminal charges were not brought yet it is unlikely they will. You may want to pay the civil demand and be done with them. In addition I would make sure your son stays out of the store and he should be fine.

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  • My 17 year old son was caught shoplifting some video games from a store in Paramus. The value of the item is about $50.00.

    It is his first time, never been in trouble before and he is a good kid. What penalties is he facing? will the matter be handled in Paramus municipal court or some juvenile court? will my son have a criminal record as a result of this. Any ...

    Michael’s Answer

    I am the public defender for the Paramus Court and have handled over a thousand shoplifting cases over the years. This is a disorderly persons offense. Since your son is under 18 however his case will be handled in the Family Division of the Superior Court in Hackensack. With proper representation your son should be placed on a review or period of adjustment for a short time after which the charges should be completely dismissed. This is general advice and a review of all the reports etc. would be something an attorney would need to fully evaluate this matter. Obviously coming out of this with no permanent record is the goal.

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