Michael J Sluka’s Answers

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...

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...

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.

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 (...

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...

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.

Since this Restraining Order is for your protection you should contact the Court where it was issued and advise that you would like to have the Restraining Order dissolved or dismissed. Normally, you would have to appear and testify that you are making this request voluntarily and nobody is forcing you to do this. You would also be asked if you are afraid of this person and if not and the Judge is convinced you are doing this voluntarily then the Court would normally dismiss the Resratining...

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...

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.