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Questions Answered by H. Scott Aalsberg Esq.
2 Answers | Asked in Domestic Violence for New Jersey on
Q: Why would a warrant for a domestic violence case be recalled the the person didn’t comply with the court order

It has been 2 years since the case he did not pay his fines or do the anger management that was court ordered and 2 years later nothing has yet to be done to him from the courts

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 28, 2022

We would need to know a lot more about the case to answer this question for you and probably do some research in calling the court.

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1 Answer | Asked in Car Accidents for New Jersey on
Q: 4 car accident on rt 80 2019 paid my fines. Recently tried getting license back 2 tickets were never put in system

After I went to court and other parties didn't attend 3x I was told by public defender to pay fines which I did. Now 3 years later I have to attend court for the additional 2 .tickets that were not in system.Can the town do this?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 26, 2022

They may or may not be able to do this, an attorney would need to ask you and the court a lot of question starting with ,one like were the tickets issued and served on you, the reason why they were not in the system, were the tickets sent to another court thus a double jeopardy problem. That... Read more »

1 Answer | Asked in Small Claims and Consumer Law for New Jersey on
Q: Can I sue a company for losing my laptop?

I brought my computer in for external repair (Screen Frame replacement). The company mistakenly recycled my computer. They provided me with a new one, but it wasn't the same as the one I previously had. They also promised to recover my hard drive but have never followed up on the status of the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 26, 2022

The answer depends on many factors from how valuable your data was to you, to whether you signed a limitation of liability when you took the computer in for repair. You will probably need to setup a consultation with a lawyer and that in and of itself will cost money for the attorneys time so... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: This device was held by US customs and thoroughly tested for US compliance. The device passed and is legal in US

Flipper Zero is a portable Tamagotchi-like multi-functional device developed for interaction with access control systems. The device is able to read, copy, and emulate radio-frequency (RFID) tags, radio remotes, and digital access keys.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 23, 2022

And the use of such a device can still be illegal depending on what your using it for.

2 Answers | Asked in Traffic Tickets and Immigration Law for New Jersey on
Q: My friend was given a ticket for driving with fictitious plates. He is undocumented. Should he plea online?

He was also given a ticket for lack of supervision of permit holder.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 22, 2022

He should speak with a lawyer to see what his best options are we are not allowed to give specific legal advise on this website, plus we don't know the facts of his case to do this even if we were allowed to.

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2 Answers | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: warning for offense 39:4-32 pedestrian crossing roadway signals

if you receive a warning in new jersey for failing to stop for a pedestrian in a marked crosswalk will that increase your auto insurance rates. Not a ticket but a warning. I have a camera in my car and the video shows nothing except a cop waving to turn left. Can I contest this ?

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

I doubt that your insurance company will find out about a warning, warnings are generally considered gifts from a cop for you to be more careful.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: So i have a ticket and all the information is under my moms name license number hair color height and name:

Can i get this ticket dismissed since none of the information identifies it was me. The person they put on the ticket owns the car but wasn’t driving. The tickets i got was for speeding and not providing insurance

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 16, 2022

Generally you won't get it dismissed instead they will consider this a clerical error and re-issue the ticket under the correct information for you the driver. I suggest hiring a lawyer if your looking to get the best result for your case. Most of us traffic ticket lawyers offer a free in... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a ticket for reckless driving after I was caught speeding which I have to go to court for.

Should I get a lawyer? This is my first offense and I’m extremely lost and unsure it was the middle of the night no cars were on the road and I never wish to harm others this is the first time I got fines let alone pulled over and got a ticket.

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

Reckless driving is a very serious ticket. With a reckless driving ticket in NJ you face the following penalties:

1st Offense : Up to 60 days in Jail and a $50.00 to $200.00 Fine

2nd Offense : Up to 90 days in Jail and a $100 to $500 Fine

In addition to the possibility of...
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2 Answers | Asked in Probate for New Jersey on
Q: If I just found my biological father in November 2021 and we were building a relationship and he passed away in October

He left everything to his neighbor. The will was dated November 2020. Can I contest as being Omitted Child?

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

Based on what you are saying you may have a chance of being successful in our claim. However the first thing a lawyer would need to do is to read the will.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is it true that a prosecutor will purposely get a no bill from GJ to get rid of a case?

Sometimes for various reasons, the prosecutor cannot dismiss a bad case and will work the GJ to no bill to get rid of it. If the case is no billed it often is the end of the case.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 11, 2022

I guess what your saying is possible and I have heard rumors like this, but I have never seen it happen here in NJ.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: A friend of mine took my car to a family engagement and after the party was stopped by police. My friend had a suspended

My friends license was suspended. A few days later I have received notifications from separate attorney offices advising me that I need to get counsel. What are my rights to handle this situation?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 9, 2022

Yes you need a good traffic ticket lawyer as you are probably charged with allowing an unlicensed driver to drive your car. If you get convicted of this offense which is I would assume 39:3-37.1(a) which carries a fines up to $500 and or up to 15 days in Jail. Thus yes you need a lawyer and a good... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: My friend borrowed my car to go to a family engagement. After the party on her way back to my house, she was stopped by

She was stopped by police for having a suspended license, which I did not know about. A few days later I receive notification from attorney offices advising me to get counsel. I am wondering what are my rights here and what should I do?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 9, 2022

Yes you need a good traffic ticket lawyer as you are probably charged with allowing an unlicensed driver to drive your car. If you get convicted of this offense which is I would assume 39:3-37.1(a) which carries a fines up to $500 and or up to 15 days in Jail. Thus yes you need a lawyer and a... Read more »

2 Answers | Asked in Estate Planning for New Jersey on
Q: MIL died jan 8th with over 100k credit card debt none of the creditors have made a claim against the estate do we pay?

we have many credit card companies and debt collectors sending letters of condolance and saying she owed money but it is past the 9 months and we do not have enough funds to pay them all, can we distribute what is left legally to the heirs?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 8, 2022

You need to speak to a lawyer. IN general, the executor of the will or administrator of a New Jersey estate should pay all debts before they distribute any assets otherwise they could face rather severe penalties.

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2 Answers | Asked in Banking, Business Formation and Business Law for New Jersey on
Q: How do you start a business?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 8, 2022

After you create your business plan you hire a lawyer to make sure you have the correct corporate entity for your business which in general is either a Corporation or LLC.

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1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Municipal Law for New Jersey on
Q: Personal Injury Lawsuit, filed in the wrong County, can I get it tossed out?

Hello, I have a personal injury lawsuit on my hands due to someone falling on my property and having injury due to them not following my walk way and cutting across my property/lawn while working for a Big company. The Case was filed in Superior Court; Civil Division, but in the wrong County.... Read more »

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

Yes if you have a lawyer you should definitely advise him of this fact.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: my mother had passed away, im the eldest son, what are my options to her estate

there was an old will, but my sister said she cant find it. i need help because my mom said the house was mine but my sister is trying to scam me from it. is there a way to find the original will?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 6, 2022

If you know the lawyer she used you could call that lawyer to see if he/she still has a copy of the will.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is 32.1.146.8(4) a criminal offense or a disorderly person offense
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 4, 2022

In general, It is a disorderly persons offense, BUT it does appear on many people's CCH (Criminal Case History) so most people consider it a criminal offense, because it shows up as a criminal offense. If that is confusing it is. NJ unlike other states does not have felony and misdemeanor... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I be arrested in LR,Ar and held for extradition for NJ state on a felony warrant for assault with a deadly weapon?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 4, 2022

You should ask an attorney where you think you may be arrested. But many states will extradite for a warrant from NJ.

1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: I got a ticket in NJ for having a handheld device active but I wasn't in use when I was driving

The officer only saw it when I pulled my window down can I fight it. And i also got a ticket by the same officer for failing to not stop at a stop sign when I locked both way before moving and did come to a complete stop

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 4, 2022

We would need to know more information to properly answer your question. But you are not allowed to have the phone in your hand while driving unless to turn on or off a function of the phone. Even for that however, many judges will still find you guilty these are tough tickets to win without a... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I parked within the driveway apron but was not impeding the driveway at all. Should I fight this?

I have photos to prove I was not blocking anything. The ticketing officer showed up within moments of me retrieving the ticket to harass me and tell me "I come to this house all the time" even though I was just visiting. The neighbor who called came out shortly after also to harass and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 4, 2022

You can try to go to court and fight the ticket but many judges will consider the apron part of the driveway and thus you blocked it.

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