Benjamin G Kelsen's Answers

Failed field sobriety test , was arrested n pass breathalyzer test .o4 ... do i need a lawyer?

It is my opinion that any time you are facing potential loss of license and other "consequences of magnitude" you should have an attorney. Even though your breath test was less than the legal limit you are still charged with serious violations. You could be convicted on only the officer's observations. Do yourself a favor and hire an attorney. You can call me for a no cost no obligation consultation at your earliest convenience.

8 lawyers agreed with this answer

Can I know the real address where my wife keeps our 11 month old child during her parenting time under joint custody?

you really need an attorney for this one. Depending on the circumstances there are times where a husband/father would not have to know where she is living. on the other hand, that would need to be determined by the court. you would need someone to bring a motion to clarify. in short, without reading the order i cannot tell you if she is in contempt. you may or may not be entitled to know where she is during her custody week. legally you may or may not be entitled to know her address. i would...

8 lawyers agreed with this answer

Can I sue for petty theft and if so, for how much?

You can definitely sue, as can anyone. The question is how much would you be able to get. You can probably get the actual value of the ring but the question is how does one put a dollar amount on the sentimental value. As a general principle, most courts throughout the United States hold that the proper measure of damages for lost or destroyed personal property is its market value, the theory being that the injured party should be made whole, by being able to buy items to replace the others...

Selected as best answer

My 21 yr-old brother has no prior crimes, was charged w/aggravated assault, DUI, & more. Will a public defender sufficient?

Some of the public defenders in the county are amazing attorneys. That being said they are overworked and underpaid and may not be able to keep your family as "in the loop" as you may like. This does not mean that they won't be doing a good job. If you have the funds you may wish to consult with private counsel who can devote more time focusing on your case.

7 lawyers agreed with this answer

1 person marked this answer as helpful

Issuing officer failed to check "court appearance required" on ticket; is this condition enough to challenge the validity?

Unfortunately, this is not the case. In almost all municipal courts in NJ this would be seen as a "typographical error" and not an error which is fundamental to the summons itself. Thus it would not be grounds for dismissal. You may have other valid defenses though and should call me to discuss them.

Selected as best answer

Am I facing jail time? Extremely scared and nervous.

First thing you need to do is take it easy and speak to your attorney. If you do not have one then call me immediately. Bad news first - any charge such as this will violate the terms of your PTI. Good news - You may be able to deal with the shoplifting charge in a way that does not endanger your PTI but you need to get in touch with an attorney right now and get in front of this.

7 lawyers agreed with this answer

What are the penalties for Dwi in a school zone?

The school zone enhancements for a second offense can be found on the mvc website. Please feel free to call to discuss the matter in greater detail.

7 lawyers agreed with this answer

I received a ticket in 92 for suspended license,no headlights,and open container.Should i obtain an attorney?

Yes. You should absolutely hire an attorney. Is this in Bergen county? Call me to discuss the matter in greater detail.

7 lawyers agreed with this answer

How much can one trust his/her criminal defense lawyer?

I would find it very hard to believe that any attorney would risk everything for such a thing. It is also highly unlikely that a prosecutor would engage in such behavior. Talk to your attorney openly so that you feel comfortable. Very often what seems to a layman to be simple is not so. The wheels of justice turn slowly. Be patient and make sure that your attorney explains to you what is happening and why. Also dont be afraid to ask questions. Call me if you have any further concerns.

7 lawyers agreed with this answer

My 17 yr old son received a 2 pt speeding ticket. Is there a chance to downgrade it to 0 pts? we live in nj

Sure. But the bigger question is the status of his provisional license.

7 lawyers agreed with this answer