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James A. Abate

James A. Abate

The future can be better can be better than the present
  • DUI & DWI, Criminal Law, Domestic Violence ...
  • New Jersey
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law

Going through the process, no one seems to want to listen to you. They have probably treated you like a number that is being prosecuted by a machine. The last thing you need is to have your attorney take your case and treat you and it as if it is like every other case. My office was founded on the principal that the future can be better than the present and we have the ability to make it so.

You will receive a consultation that focuses on your unique experience, while bringing our training and experience in having handled hundreds of cases. In a world of computers, data bases and gas chromatography, there is still a place for visiting the scene of the arrest and seeing things as you the defendant has seen them. Often getting a hands on view is what triumphs over bureaucracy and exonerates our clients.
After a client finds someone to listen to their side of the story, they want that person to fight for them. My office has the experience to listen to you, to find the crucial issues in your case, and apply our knowledge and experience to advocate for you. I am a member of the National College of DWI Defense and the Association of Criminal Lawyers of New Jersey.

I have been practicing for 20 years, starting my legal career as an intern in the United States Attorneys Office and also for United States District Court Judge David Trager. I then litigated complex matters throughout the United States. After gaining my experience with the government and with large national law firms, I opened the Law offices of James A. Abate, where I have successfully advocated for Criminal and DUI clients since 2008.

A dedicated criminal defense lawyer with offices in Somerville, Piscataway, Cranford and Felmington, James A. Abate and his team forms strong relationships when advocating for his clients. Mr. Abate works with clients on a one-on-one basis and personally sees their cases through to their ultimate resolution.

Practice Areas
    DUI & DWI
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
    Domestic Violence
    Domestic Violence Criminal Defense, Domestic Violence Restraining Orders
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
  • Free Consultation
    We engage on a complimentary strategy session on a case by case basis
  • Credit Cards Accepted
    Pricing is contingent on the type of charge a client is facing. We are happy to quote each client a cost of defense over the phone.
Jurisdictions Admitted to Practice
New Jersey
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  • English: Spoken, Written
Professional Experience
The Law Offices of James A. Abate LLC
John Portanova - Senior Associate
The Law Offices of James A. Abate LLC
Brooklyn Law School
J.D. | Law
Honors: cum laude Markhoff Scholar Trial Team — 1998 semifinalist Dean's List Achieved awards in Constitutional Law, Legal Writing, Civil Procedure and Trial Advocacy Cornelius T. Wickersham award
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City University of New York - Brooklyn College
BFA | Theatre
Honors: Departmental Honors in Theatre
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Professional Associations
Sommerset County Bar Association
Activities: Municipal Court and Criminal Practice Committee
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National College of DUI Defense
General Member
- Current
Activities: The National College for DUI Defense®, Inc. (NCDD) is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice. The National College is headquartered in Montgomery, Alabama.It consists of a governing Board of Regents, a Founding Membership, a Sustaining Membership and a General Membership. College members represent the most experienced DUI defense attorneys in the country. The original Founding Members funded the establishment of the college, and are among the top DUI practitioners in the United States. Since its founding, the College continues to recognize, as Sustaining Members, defense lawyers who have demonstrated the skill and experience of the original Founding Members, as well as the generosity to financially sustain the growth of the NCDD. General Members are the backbone of the college—capable, experienced attorneys who dedicate a portion of their practice to the defense of DUI cases throughout the country. When the National College for DUI Defense® was founded, the Board of Regents envisioned a Board Certification program as the culmination of its program of education. In 1999, the Board instituted Board Certification as a means of recognizing lawyers within the college who exemplify the program’s standards, and who meet the criteria established by the Board of Regents: extensive experience trying DUI cases and litigating pre-trial issues, a broad knowledge of the science involved in testing for intoxicants, and a command of the legal process on which DUI cases are framed.
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Association of Criminal Defense Lawyers of New Jersey
- Current
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Union County Bar Association
General Member
- Current
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New Jersey State Bar  # 020512001
- Current
Activities: Municipal Court Practice Section Criminal Law Section
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DUI Defense
National College For DUI
Standardized Field Sobriety Testing
National Highway Traffic Safety Administration
DUI Defense Certification
DUI Defense Lawyers Association
Websites & Blogs
The Law Offices of James A. Abate LLC Website
Legal Answers
180 Questions Answered
Q. What are the consequences for bomb threat in the state of new jersey
A: This could come under the definition of domestic terrorism. Acts of domestic terrorism are federally charged under specific laws, such as killing federal agents or "attempting to use explosives to destroy a building in interstate commerce". These charges come under the Patriot Act. If the government wants to, they can put you in Federal Prison for the rest of your life.
Q. If you are arrested the day after a search warrant expired can you get the case dismissed
A: Based on your description, no. A search warrant relates to the search, not the arrest. An arrest warrant is usually open ended and does not expire until executed.
Q. Can I sue my mother for placing a tracking app on my phone?
A: Sounds like you are on your moms cell phone plan. Otherwise she would not be able to activate the feature which is put there by ATT for a family plan. You cannot sue as there is no cognizable claim for damages. You can try to convince the police to do something. But there may be permanent consequences in the family dynamic.
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Contact & Map
James A. Abate and Associates
82 E. Main Street
Somerville, NJ 08876
Telephone: (908) 210-9755