Severiano Emile Lisboa IV's Answers

How can I pre-screen a Criminal Defense Lawyer?

Referrals from someone you trust are always helpful. You should also be aware that the law has increasingly become specialized as such you should look for an attorney who specializes in criminal law. For example you may want to look for a certified criminal trial attorney. More information as well as a list of certified criminal trial attorneys can be obtained from the New Jersey Judiciary’s web site. Thereafter I would make an appointment and interview the attorney(s) to determine which...

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How possible is it to be convicted on drug charges for text messages that do not actually name drugs or the exchange of money?

Every narcotic related wiretap investigation I have handled over the last six years has involved a court order specifically requesting the incoming and outgoing text messages for a target’s phones. The police know that criminals text. Moreover, it is rare that a person dealing with narcotics over the phone will ever say “cocaine” or “marijuana.” It is usually always in “code”. 9 times out of 10 both the cops and the jury will be able to figure out the code. In sum I have seen many successful...

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Indian Citizen in US with DUI (still in pre-trial discussion) entering UK?

Your question lacks some key information. First the the UK Boarder Agency changed it's policies After 2004. They will deny a visa to anyone convicted of "serious offenses abroad". As such Martha Stewart learned this the hard way when she was denied entry to the UK because of her obstruction of justice conviction. http://www.guardian.co.uk/world/2008/jun/20/usa1. When you are inspected boarder officials most often run the chip in your passport, fingerprints etc. They will see any arrest...

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Expungement. How long would expungement of one drug charge take perhaps in Bergen County system? Is there a range of fees?

An expungement can take up to eight months in Bergen county. You cannot expunge while on probation. After you complete probation you have to wait 5-10 years, 5 years for dp charges. Only simple possession is expungable. If you were convicted of distribution or intent, you are out of luck. You cannot expunge a prior conviction if you have a pending charge. Fees vary.

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What can I expect to be my punishment for a 1st offense DWI in NJ

Your case may be defensible so I would not give in that easy. Your confusion is common. In fact many states refuse to recognize a NJ DW or refusal because of this confusion. Similarly, they probably advised you that you could get your own test performed if you submit to the police breath test. The problem is that this is not really true, due to the fact that the police will not let you leave to get this test done; they wont take you the doctor. You are not entitled to a jury. You can...

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Is it illegal to post a sex video with an ex girlfriend on the internet in Tennessee without permission?

Did she give you permission to post it to the internet — thereby allowing the videos to be copied and downloaded for infinity? Probably not. I have represented numerous clients that have done what you are intending to do. Your ex-girlfriend usually will call the cops, who will charge you with harassment, domestic violence and various other charges including restraining orders. Many states have passed cyber stalking laws to prevent and punish such activity. She will then likely sue you for...

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If my parents find out im having sex with a 21 year old can they go after him for anything?

16 is the age of consent in NJ unless the 21 year old is your parent, guardian, teacher or is otherwise responsible for your care.

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If i left my gun collection to my son can he legally keep them without a firearms i d? i live in new jersey

In New Jersey a person does not need a permit at all to maintain a gun in ones own home. There are a few fatal exceptions. Specifically, if he has a felony conviction he cannot even touch a gun. Same goes for people with temporary or final restraining orders. You can’t have a machine gun or other automatic weapon. If the guns have obliterated serial numbers, you can’t have those either. You have to be careful with the ammunition as well. For example, you can have a 60cal round for a...

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I was convicted of Endangering the Welfare of a Child in the 4th degree by possessing child pornography. Is this expungeable?

Co-counsel is incorrect. Pursuant to 2C:52-2 - Possession -- 2C:24-5(b) - is expungeable after a period of 5 years if you can show compelling circumstances. Otherwise you have to wait 10 years. Only production and distribution of pornography are banned from expungement.

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ARE TOWNS IN NEW JERSEY REQUIRED TO MAINTAIN PARKING METERS AND IF SO IS THERE A DEFENSE FOR A BROKEN METER ?

There is no state law requiring towns to maintain the parking meters in proper working order. Rather the rule is that if the meter is not operating you should not park in the spot. Many municipal prosecutors are pretty good about this however it may just dismiss the ticket unless you are a habitual offender, under the theory that there may have been no other spots available for parking at the time you parked in the spot. However, you may end up waiting in court all night long. Moreover, if...

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