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Questions Answered by H. Scott Aalsberg Esq.
2 Answers | Asked in Criminal Law for New Jersey on
Q: If you are arrested the day after a search warrant expired can you get the case dismissed
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 19, 2022

Maybe, but the arrest would have had to be about the search warrant. A lawyer would need to review the search warrant before telling you anything in this regards as arrest warrants generally don't expire. So many if's as much more information is needed. Have a lawyer review your case,... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission as it is considered an invasion of privacy. Can I legally sue?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 17, 2022

The answer will depend on many factors which are unknown the main being who is the person the phone plan is under, and who paid for the phone etc.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Hello I’m driving a commercial truck In the left lane to get back in the middle lane receive the ticket 39:4–56
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 14, 2022

You have failed to ask a question here however trucks are generally not allowed in the left lane as that is considered a passing lane for cars.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Single with children and no will

My partner and I are unmarried with two

minor children. With no will what would happen to the property in only his name?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 13, 2022

If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: N.J.S Charge 2c:12-1a (1) 2c:29-2a (1) is there jail time with this charge

what can happen at court

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 12, 2022

Yes, you could get jail time on both charges, but the amount of time will depend on the facts of your case and how good of a lawyer you have representing you to defend the charges. Generally, the better your fact and the better the lawyer that you choose, the better your chances are of avoiding or... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Should my friend sign a tasc evaluation in jail?

He has 2 possession charges and theft under $200.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 10, 2022

Your friend should ask his lawyer as we don't know anything about his case here online.

1 Answer | Asked in Traffic Tickets, Car Accidents and Sexual Harassment for New Jersey on
Q: Can I sue?

I was recently just on a zoom meeting for a court case dealing with my reckless driving. And during the court case there a bunch of other people on the meet with their own cases. And one if the men showed himself going to the bathroom on camera and his private parts were showing. I am also 17 years... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 10, 2022

If you saw it the court probably saw it and will probably take care of the matter for you by reporting it to the police.

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a speeding ticket for $55 in New Jersey. The cop told me I don’t need to go to court I should just pay online

Does this mean I also got points on my lisence ?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 7, 2022

Yes, all speeding tickets in NJ come with points. With a good lawyer you should be able to reduce or eliminate these. Most of us traffic ticket lawyers offer a free in office consultation, I suggest you set one up.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: 4 out of 6 charges consist of a weapon charge however there is no evidence backing a weapon just hearsay.

Can somebody be charged any charge relating to a weapon if there is insufficient evidence? If not will those charges be able to be reduced or dropped?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 5, 2022

Yes insufficient evidence can lead to charges being dropped or reduced. That being said what you consider insufficient may not be what the state considers insufficient. Speak with a lawyer to learn what is and isn't insufficient evidence if you are charged with a crime, expect a lawyer to... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is the least amount of time somebody could receive for the charge 2C:15-1A(1), considering a lack of evidence.

My fiancé is being charged with that charge however there is not a strong case against him, with that being said is there anyway to reduce that charge to something more minor, if not what would be the least amount of time he would be eligible to receive?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 5, 2022

Robbery is always a tough charge to defend against. That being said everything would depend on the facts of his case (like you said how strong the evidence is against him) and how good of a lawyer he hires to defend the charge. Generally, with a better lawyer you will get a better result. If... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket for driving past a police car where no officer was present. Can I contest the ticket?

There was an accident, the tow truck was removing the wreck. I attempted to stop and ask police for direction, no officers were near by so I drove down the block to greet and speak with them. I was ticketed Uber this statute but I would like to contest as no officers were present to provide... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 23, 2021

You can contest any ticket by calling up the court and pleading not guilty to ask and ask for a trial. However I would suggest hiring a lawyer as you have not provided a defense in your question.

1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: Can you get in trouble for traveling in NJ with a firearm and ammo. If you have illegal tinted windows on your car

I know I can get a ticket for the tinted windows. But will I have any more trouble because of the fire arms and ammo in the car. I am traveling with the firearms completely legal

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 19, 2021

If you follow all the rules that NJ requires for being an interstate driver with a gun you can do it legally, but I would suggest not traveling to NJ with a gun if you are going to have tinted windows.

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Why is it that a lawyer wouldn’t show up for a pre-indictment hearing?

Today was my fiancés pre-indictment hearing, we have been waiting to hear about any discovery found, the strength of the evidence (which as we know it isn’t too strong), the possible charges, etc. However the lawyer did not show and the pre-indictment hearing was literally under five minutes and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 16, 2021

If you paid your lawyer he/she should have appeared for the hearing. It is an important hearing, but generally your lawyer would have already spoken to the prosecutor and some lawyers even go to the court house to pickup that discovery also prior to the hearing because many hearings today are not... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: How much time can u serve for having a gun in nj

With no permit

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 12, 2021

The answer depends on several factors such as who charged you state or federal, was the gone used in a commission of a crime etc. Speak with a lawyer this is a serious charge and generally has a mandatory term of imprisonment.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: What do i do when a person lies about not threatening me and has 3 witnesses defending them

The person threatened my life and inturn i threatened hers, they had coworkers taking her side and lied to cops about her being scared for her life so i got arrested because they said that i said id kill her but her coworkers said that she didn't say that apparently.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 8, 2021

All you can do is hire a lawyer and hope these people either change their testimony or get caught in the lie. Not easy to do, but you don't have many options to prove they are lying.

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I want to fight a driving on a suspended infraction from 7 years ago. Will it be difficult considering the time passed?

I have a driving on a suspended from years ago that I never dealt with (I probably have a bail on this matter). I want to get it taken care of so that I can finally get my license restored, but I would like to fight the infraction if possible.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 8, 2021

Yes you can still fight the ticket if you never went to court for it and plead guilty. The key however is what will be your defense. I suggest setting up one of the free in office consultations that most of us traffic ticket lawyers offer to determine your best defense.

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2 Answers | Asked in Estate Planning for New Jersey on
Q: See below

My mother passed away a few days ago, in her will she left me my home (my home is in her name) in a trust. She listed me as trustee and sole beneficiary. Does mean the home will be transferred to me right away or does it take a long period of time for probate?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 29, 2021

An Attorney would need to review the will to properly answer your question. That being said generally when a will is transferred to a trust you may only be the beneificiary not necessarily the owner to have the property put in your name.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket for parking in a spot that there is a parking guide lines on the ground right next to the crosswalk,

So basically this spot due to the signs on the ground suggests i can park on the crosswalk and I did follow the grids on the pavement

Do i have any chances to fight the ticket?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 23, 2021

A lawyer would need to see a picture of the area to tell you what your chances of winning are. That being said your never supposed to park on a cross walk.

2 Answers | Asked in Criminal Law for New Jersey on
Q: what is the punishment for armed robbery in NJ? Also, what is the punishment for a second-degree offense?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 22, 2021

2nd Degree offenses generally have a punishment of 5 to 10 years in State Prison.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: I just got hit with a 2c:29-1A someone called in that i was pulling handles on cars and we see dt and started running

They only charged me with obstruction this is my first charge over 18 do you think I'll do some time?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2021

Maybe it will all depend on how bad your juvy record is and whether you are still on probation for any of those charges. You got really lucky that you only got that charge.

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