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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
Legal Answers
153 Questions Answered

Q. I got my 1st DWI 1991- 2nd DWI 1996 - 3rd DWI - 2016, convicted 2018. The judge gave me a step down .
A: You are considered a second offender for the 2018 conviction. However, if you get another within 10 years you are not getting the stepdown and would be a 4th and face 6 months mandatory jail. It would be a really good idea not to chance fate and take uber anytime you have a drink,
Q. What would be the best option in this situation
A: You should retain an an attorney to have the warrant lifted and resolve the case.
Q. Defendant shot. State obtained a search warrant for ballistics. Search of car, found drugs in bucket in trunk.
A: You need to have a consultation with a criminal lawyer. These are serious charges.
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Contact & Map
James A. Abate and Associates
82 E. Main Street
Somerville, NJ 08876
Telephone: (908) 210-9755