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Michael A. Berman

Michael Berman’s Answers

171 total


  • An Assignment judge in Superior Court in N.J. is not allowing me to have information on my case matter.

    A assignment judge has issued an order denying me the right to find out information on a criminal matter,he has notified all judiciary staff not to talk to me.The original complaints are disorderly persons complaints in municipal courts,but alleg...

    Michael’s Answer

    If you are representing yourself, then you have the right to discovery....but if you are represented, then the request flows through your attorney, who would then be able to share the information with you. You cannot remove the case to Federal Court.

    A word of caution: You are playing with fire by antagonizing the Judge and staff.

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  • I was hit by another car and today I received a careless driving ticket . I live in NJ and don't understand why I got the ticket

    I was in a rural area, and I stopped for a stop sign and proceeded across the intersection when I was hit on my rear passenger side making my car either roll or slide on it's side to the point where it is totaled- it is a grand cheerkoee Jeep SUV....

    Michael’s Answer

    The only thing you can do is enter your Not Guilty plea at this point....you can try to handle this yourself, but in my 20+ years of experience, the likelihood that you would win at trial on your own is not very good. You will be a lot more successful at trial using an attorney. Most, like myself, offer free consults to have a better discussion about the circumstances. You should take advantage of this and call a few.

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  • Buying out a part of the house in an estate

    My sister and I were left a house as part of an estate. In order to settle the estate the house must be sold. I do not want this, I wish to buy out the other half of the house. The problem comes in that I need the remainder of my half of the es...

    Michael’s Answer

    The short answer is probably yes, you could request a payout from the estate, and then use that money to make the purchase....however, more information would be required to give you a definite answer.

    It sounds like you need to get your own representation since your sister's lawyer (who is acting on behalf of the estate) seems to have issues with you. I would at least consult with a few attorneys...many, like myself, offer free consultations.

    Mike

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  • How do I go about downgrading a disorderly persons offense to a municipal ordinance?

    drug paraphernalia. no prior record.

    Michael’s Answer

    First things first, you hire yourself an experienced criminal defense attorney who will then begin constructing your options. I say that because it is highly (extremely) unlikely you would be able to convince a prosecutor to downgrade this type of charge by yourself. Many lawyers, like me, offer free initial consults to get acquainted with the facts of a case and to give prospective clients an idea about how they would handle a particular case. Take advantage of this and call a few.

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  • If your case is going to trial you only picked nine juriors. And you go on the run can the case continue with out you?

    My brother Only picked nine juriors and decided to go on the run cause he is facing to much time. He has only been running two days.

    Michael’s Answer

    Don't say another word about this in public.

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  • What is the outcome of assault?

    my daughters father hit me & he got charged with assault 3rd degree , menacing & harassment in nyc. we are on PTI in jersey city ... is he likely to get jail time or probation? im thikning about dropping the charges depending on what the outcome...

    Michael’s Answer

    This is trouble. In a few ways. First off, the arrest is a violation of PTI, so that could come to an end with bad results. Second, there is the new charge which you reported/made a statement to the police about. Once you did that, and the police brought it to the District Attorney for charging, the decision to "drop the case" is not yours alone...in some cases of Domestic Violence, the District Attorney can move forward without your wanting them to. Lastly, having been involved in Domestic Violence cases for years, I have to say I have seen the violence escalate in many of my own cases. It is something called the spiral of violence. You should immediately seek out counseling services for both you and your daughter's father to learn different ways to bring the situation down to a non-violent level.

    Mike

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  • Can I become an engineer or accountant with a harassment charge (pushing and shoving) that got a deferred disposition?

    I was 16 and in the wrong company. The judge saw my grades and granted a deferred disposition. The waiting period was one year and unsupervised probation. My lawyer told me only government agencies and law enforcement have access to the record. P...

    Michael’s Answer

    You are fine. Worry about something else.

    Mike

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  • A tax abatement expired in April on a condo I closed on in June. The expiration was not pointed out by my attorney.

    I believe the expiring abatement was not disclosed by the seller. Saturday, October 12th, I emailed the attorney I hired to guide my purchase, on Monday, left a message with her assistant with no response as of yet. Do I have any recourse if the ...

    Michael’s Answer

    • Selected as best answer

    This sounds pretty bad....

    Start gathering your information and put everyone, from the seller, realtor, attorneys and title company on notice regarding your inquiries.

    Once you have some detail to back you up, schedule an appointment to review everything with a lawyer. Most, like I do, offer free initial consults.

    Good luck

    Mike

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  • 39:3-37.1(B) Allowing Unlicensed person to Drive MUNI CODE (offense) 1616

    Parents rec'd a non-payable offense ticket for 39:3-37.1(B) Allowing Unlicensed person to Drive MUNI CODE (offense) 1616 Parents did not know the driver may be unlicensed or his license may have expired.... what do I ne...

    Michael’s Answer

    The other attorneys have it right...so there is little I can add except that many attorneys, like myself, offer free consults to get better acquainted with the particulars of a case. So call around, and explain the situation. You will get a good idea of fees, as well as a better feeling about which attorney is right for the job.

    Mike

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  • In search of a lawyer & im not sure where to look?

    My boyfriend is searching for a lawyer. He is being held in delaware & waiting to be extradidted to new jersey for a v.o.p he missed appoinments no other charges.

    Michael’s Answer

    Do you need an attorney in South Jersey or Delaware?

    Mike

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