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Alissa D Hascup
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Alissa Hascup’s Answers

143 total


  • What are the new 2016 NJ expungement laws for municipal dismissed cases, and when are they effective?

    I have read over the changes and thought April 18. The court website has old motion kit, confused on which way to proceed.

    Alissa’s Answer

    The new law has no bearing on expungement applications for dismissed municipal court matters. The application is the same.

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  • Will the expungement be automatically granted once the 10 yr requirement is met?

    From the research I've done regarding expungement, it shows that I am eligible. I was convicted of 3rd degree theft by deception and completed probation July 21, 2006. I have no other convictions or misdemeanors on my criminal record and was a fir...

    Alissa’s Answer

    If what you have indicated is correct (probation successfully completed, fines and restitution paid in full, and no prior or subsequent arrests or convictions in NJ or any other state), then the expungement will be granted without issue.

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  • I would like to retain "the" criminal defense lawyer, the best one. Now, how to I decide who is the best? His connections? Hi

    his results? Or his "pizzaz"? Now, if he has good results all the time, is it because he is good or because of "his connections"? I would like representation in a major criminal case involving fraudulent concealment of contraband. For my newph...

    Alissa’s Answer

    Keep in mind that the "best" attorney for your nephew may also be a female.

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  • If I plead guilty, will I face jail time?

    I was cited with disorderly conduct and intoxication (357-2). I have a court date on Thursday. This is a first offense.

    Alissa’s Answer

    My colleague is correct - technically, on a petty disorderly persons offense (like Disorderly Conduct), you face a maximum of 30 days in the county jail if you plead guilty. (Generally, jail time is not imposed for ordinance violations). As a first time offender, however, there are ways for you to avoid a conviction altogether.

    Do NOT go to court and simply plead guilty. You should at least speak with an attorney or the public defender in Hawthorne about your options. (The public defender is available for a nominal fee if money is an issue.)

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  • Newark got receiving stolen property for a car that was loaned to me it was in municipal crt now in high crt what am I looking a

    Newark got receiving stolen property for a car that was loaned to me it was in municipal crt now in high crt what am I looking at legally?

    Alissa’s Answer

    My colleague is correct - if you are convicted of Receiving Stolen Property (a motor vehicle), which is a third degree crime, you face 3-5 years in prison. There are other options for first time offenders. Additionally, if the State cannot prove that you knew the vehicle was stolen (a required element of the crime), you may have a defense. Hire an attorney ASAP.

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  • What is going to happen?

    So I got arrested for possession of under 50 grams of marijuana, and another charge was possession of paraphernalia which included 4 one hitters, a glass bong, a metallic grinder, and a metallic pipe. This happened in the state of New Jersey.

    Alissa’s Answer

    You have been charged with disorderly persons offenses (equivalent of misdemeanors in another state). If convicted, you face a maximum of 6 months in the county jail, $1000 fine, a $500 DEDR (Drug Enforcement Demand Reduction) penalty and a potential license suspension for 6-24 months. If you are a first time offender, you are eligible for a diversionary program (called the Conditional Discharge) that will allow you to keep your license and avoid a conviction on your record.

    You were likely given a date to appear in Wayne. Plead "not guilty" and hire an attorney to review the case and determine whether there are any legal issues that can be pursued.

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  • What is the the difference of above?

    Hi, What is the difference between the NJ law (about restraining order violation) 2C:29-9A and 2C:29-9B? Is the 2C:29-9B a misdemeanor and the other a 4th degree felony? Thanks!

    Alissa’s Answer

    2C:29-9a indicates that it is a 4th degree crime to violate a judicial order or protective order. This can be any judicial or protective order, not necessarily one relative to a domestic violence matter.

    2C:29-9a indicates that it is a 4th degree crime to violate a order entered under the provisions of the "Prevention of Domestic Violence Act of 1991" or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense. Otherwise, it is a disorderly persons offense to violate an order entered under the provisions of this act or under the provisions of a substantially similar statute.

    In other words, restraining order violations are governed by 2C:29-9b. It is a 4th degree crime to violate a TRO/FRO only if the actual violation is also a crime or a disorderly persons offense. If it is a simple violation, that is a disorderly persons offense. For example, if you violate the TRO/FRO by committing an Aggravated Assault (a crime), that elevates that violation to a crime of the 4th degree. If, however, the violation is simply that you tried to contact the person when you weren't supposed to, that makes the violation a disorderly persons offense. Note that all the language about "substantially similar statutes" was added to potentially make it a crime in NJ to violate a restraining order that was issued in another state.

    2C:29-9a generally governs matters that don't relate to TROs and FROs.

    If you've been charged under this statute, it's best to get an experienced attorney involved ASAP.

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  • What gives New Jersey the legal standing to force me to live in their state and what would happen if we just moved?

    I live in New Jersey but want to move to California. My son is on probation and is required to attend a class here. It has about 3 months left. But the longer we live in New Jersey the more likely he'll commit another crime and I'll still be fo...

    Alissa’s Answer

    • Selected as best answer

    He will likely be required to complete the class in NJ. But after that, you can apply to have his probation transferred to California.

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  • Will my new charge violate my probation yes or no please??? It's a missminor charge

    I'm on probation for 3 years for domestic violance. right now I still live with my girl with lawful contact and taking anger management classes. everything was going well till 5 months later I caught a missminor domestic violance charge. My girl...

    Alissa’s Answer

    A new charge of any kind is enough for probation to file a VOP. But under the law, you need a new conviction for a judge to find you guilty of that VOP. It's a small but important distinction, which is why you need an experienced criminal attorney representing you.

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  • How to defend a 20 year old in this case. What consequences might the male face?

    A 20 year old male inside a high school consensually touches and kisses a female student. Age maybe 14-16. She might press charges.

    Alissa’s Answer

    Under the law, it's not consensual because she's too young to consent. A variety of charges could apply depending on what "touching" actually occurred. Most seriously, he could be looking at jail, Megan's Law registration, and a number of other collaterals consequences associated with a conviction for a sexual offense.

    If charges are pressed, do NOT speak to law enforcement under any circumstances without a lawyer present. He has an absolute right to remain silent - make sure he invokes it.

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