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James A. Abate
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James Abate’s Answers

2,399 total


  • Can I avoid Jail time and a lesser sentence for a 3rd DWI with times in between in New Jersey

    So I am 31 years of age and my first DWI was when I was 19 , my second DWI was when I was 22, and my third DWI was when I was 31. I just got arrested this last weds. A little backround is I am an alcoholic. I got sober when I was 22 and was sob...

    James’s Answer

    Please do whatever you can work on your sobriety. You are correct that you seem to fall short of the 10 year step down. The game plan for third offense defense is to treat it like a war. First attack the prior convictions via post conviction relief, while attacking the new offenses with expert testimony.

    If you are being over promised then you are dealing with fools. If you are being quoted under $10,000 then the attorney does not appreciate what it takes to win the war. Be prepared to spend that and at least another $5,000 for experts. Like I said, third offenses are war.

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  • Any flat rate lawyers?

    Hello, I received 2 tickets back in 2010 that I was completely unaware of until recently while I was paying a ticket in a different town. One ticket was for driving while suspended for a second DUI and the second was driving without insurance. I p...

    James’s Answer

    A flat rate simply means an estimate of the time it will take to handle your case. A flat rate for a second offense DWI could be $7500. So flat rate does not mean inexpensive. It just means you cap your fees.

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  • I would like to speak to a lawyer who handles possession of marijuana cases

    I was stopped and marijuana was found in the car I applied for a PD but I rather higher a lawyer

    James’s Answer

    Attorneys are not permitted to directly solicit business on this website. However you can use the find a lawyer feature and search for attorneys that practice criminal defense in the area that you are looking for. Good luck.

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  • Breathalyzer Refusal advisement, asked if was refusing, trickery to get refusal?

    I have read several cases referencing a confusion doctrine; I understand that one does not have a right to have attorney present at breath test. Continued requests, for an attorney could establish grnds for confusion doctrine. If an officers res...

    James’s Answer

    “despite the best efforts of police officers, some confusion may remain.” A defendant seeking to establish a claim of confusion bears the burden of proof. State v. Leavit.

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  • What can be found on a criminal history profile?

    I had a previous case but I won it and my case was expunged. I have to run a criminal background check can they still find anything? Everything was cleared except criminal background history...?

    James’s Answer

    With apologies to William zjefferson Clinton, it depends on who they are.

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  • Trying to find out if my nj driver license is suspended

    Don't think so but I would like to know any help would be appreciated

    James’s Answer

    Lawyers have no way to tell you this. Call the MVC.

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  • 39:4-97 Careless Driving: Likely To Endanger Person Or Property

    so i was driving and i was standing at a red light there was traffic in front of me im 8 months pregnant at the light i felt weak and i let go of the brake and i hit the car in front of me nothing happened to the other lady car but to my father i...

    James’s Answer

    Congratulations on your child. Definitely you should speak to your doctor about the weakness that caused the accident. Careless driving is issued for any read end collision. You are looking at 2 points. Depending on your record, you may want to plead guilty and take the points and then take a class to remove the points, or you may want to retain counsel and plead the matter to another violation which speaks to operating a vehicle in conditions which caused a danger and carries no points or you may want to buy your way out of the points. Schedule a phone consultation with a lawyer to see what is best. But nothing that should cause you to loose sleep.

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  • If I am being accused of rape but I was under the influence and the person accusing me was in their 5 senses, is there a case?

    Person Being Accused: Male 18 (intoxicated) Accuser: Female 19 (non-intoxicated) possible virgin Female Accuser called her friend crying saying I had raped her the night before and he came and assaulted me (person being accused) and opened a ga...

    James’s Answer

    A person cannot commit assault to retaliate for another charge. Do not speak about the rape online as that can be read by the police and used to prosecute you. But intoxication is not a defense to sexual crimes.

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  • From personal experience, will my fines exceed $500?

    Was pulled over for a license plate light being out. Come to find out my license had been suspended for not paying a surcharge, unknowingly. I had gotten a ticket for driving with a suspended license. After doing some research, I see that the judg...

    James’s Answer

    Your research is wrong. You face an additional 6 month suspension and $1289 in fines and surcharges. These are defensible charges, but you will need counsel to make sure this is effectively handled.

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