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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
  • Domestic Violence
  • Real Estate Law
  • Appeals & Appellate
  • Personal Injury
  • 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
James A. Abate's Website Profile
Legal Answers
113 Questions Answered

Q. Is there intent to operate
A: There is case law that the cart needs to be capable of operation. So a possible defense. But there is an inference from the fact that the car was on the shoulder that you had operated before it ran out of gas.
Q. Can a lawyer text you saying they’re pressing charges on behalf of their client?
A: Anyone can do anything. But that does not mean its valid. First of all, a lawyer does not press charges. Charges are in the name of The People of the State of New Jersey. Not the lawyer. In my view, a text from a lawyer is not legitimate way to contact. Knowing some more about the facts would enable a lawyer to advise you.
Q. I was charged with 2C:35-10B Im undocumented should I bring a lawyer to court? Should I be worried about ICE? im 18
A: Yes you should always retain a lawyer when facing a criminal charge. If you are undocumented, the stakes are even higher. There have been stories about ICE showing up to courts. I cannot predict if you will have issues if this is a first offense. I would retain a criminal lawyer and recommend you consult with an immigration lawyer as well.
Q. can my daughter( a minor) be charged with conspiracy to commit a crime, if I have proof that wasnt her intent.
A: She can be charged if there was probable cause can be charged. If you have information that can form a defense hire a lawyer to advocate on her behalf.
Q. Looking for lawyer on Middlesex county Nj for 3rd degree terroristic threat charge that I didn't do or say
A: We are not permitted to solicit business on this site. So you need to look around and contact lawyers that interest you. Many cases are filed and a great many are shams. My firm recently represented a Giant's player who was accused of domestic violence and we were able to have the TRO dismissed. But many cases linger causing damage. The best way to make sure you are vindicated is to hire a talented attorney.
Q. can a 19 year old press charges on his own father?
A: There is nothing to prevent a person of majority from seeking either a TRO or FRO against a family member.
Q. my brother was arrested for wire fraud and aggravated identity theft. it has been 2 months since his arrest.
A: There are constraints which can result in motion practice, a judicial order and dismissal if the order is not obeyed. But it depends on why they have not been produced.
Q. Being charged with with originaly 2C:5-1A(1) downgraded to 2C:33-2.1B. Didnt possess anything no exchang. Asked how man
A: There are many angles to this. Would need to know more about the facts and your background. But yes this will show up on criminal background and you would be wise to hire a lawyer and do everything you can do to keep it off record.
Q. Is it illegal for a 34 year old and a 17 year old to have a baby in the state of New Jersey?
A: No.
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Contact & Map
James A. Abate and Associates
82 E. Main Street
Somerville, NJ 08876
Telephone: (908) 210-9755