Questions answered by James A. Abate

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Protected by an FRO but Ex may still have access to a gun

James's answer | Answered on August 14, 2014

The question is whether the firearms are within her access/dominion or control. If you believe she has access firearms, then bring your proof to...

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My son was arrested. He Has asbergers, & ADHD. Was not appointed attorney. 2nd court date coming up.how can the court do that?

James's answer | Answered on August 14, 2014

You have my sypathy on the situation you are dealing with concerning your son, his father and the courts. I cannot really tell what is going on...

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If I get an out of state license before my license is suspended will the out if state license be suspended too?

James's answer | Answered on August 14, 2014

If you are looking to drive in New Jersey, it would be a crime to drive while suspended for DWI even with a license from another state. It is...

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How do I handle an Adult Bully whom lives across the street? We've gone to court, she has filed false police reports against me.

James's answer | Answered on August 14, 2014

I agree with my colleagues that you should be bringing charges after collecting evidence. You may want to retain a lawyer/ Private Investigator to...

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Is this stalking or harassment?

James's answer | Answered on August 14, 2014

You should file both charges with the police. They will likely seek a TRO. The family court will then consider granting a FRO. You can also go...

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Should I have received a felony for Theft from person when the value was $32.I never agreed or was told I was receiving a felony

James's answer | Answered on August 14, 2014

I think this needs to go under the heDing of what happens to criminal defendants when they do not take charges seriously and simply go with the...

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Should I have received a felony for Theft from person when the value was $32.I never agreed or was told I was receiving a felony

James's answer | Answered on August 14, 2014

I think this needs to go under the heDing of what happens to criminal defendants when they do not take charges seriously and simply go with the...

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If someone gave me the permission to use gis credit card can he press charge against me?

James's answer | Answered on August 14, 2014

The individual does not file charges, the state does. If he complains, the police would likely not file charges until speaking with you. If that...

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In an assault case against my husband I pleaded the fifth(was still living in the house no job no money) can I refile chargs now

James's answer | Answered on August 14, 2014

I think there are several factors that could tip the scales one way or the other. The only way to know for sure is to consult with an attorney. ...

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Can i make city return money for illegal citation?

James's answer | Answered on August 14, 2014

You should be able to get the information you are seeking via an OPRA request. As for money being returned, take it one step at a time.

James A. Abate's Answers (4939)

Protected by an FRO but Ex may still have access to a gun

My son was arrested. He Has asbergers, & ADHD. Was not appointed attorney. 2nd court date coming up.how can the court do that?

If I get an out of state license before my license is suspended will the out if state license be suspended too?

How do I handle an Adult Bully whom lives across the street? We've gone to court, she has filed false police reports against me.

Is this stalking or harassment?

Should I have received a felony for Theft from person when the value was $32.I never agreed or was told I was receiving a felony

Should I have received a felony for Theft from person when the value was $32.I never agreed or was told I was receiving a felony

If someone gave me the permission to use gis credit card can he press charge against me?

In an assault case against my husband I pleaded the fifth(was still living in the house no job no money) can I refile chargs now

Can i make city return money for illegal citation?