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Questions Answered by H. Scott Aalsberg Esq.
1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will I be contacted by the Prosecutor to discuss being a witness in an assault charge I filed against my husband?

My husband is the defendant and now I've been told, I would be a witness in this case. Will the prosecutor's office contact me to go over my testimony or should I contact them?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 24, 2023

Generally the prosecutor will contact you, but lots of time they don't contact you until the day of court. They don't really go over you testimony with you, but do ask some questions if they are interested in pursing the case. For that you may want your own private lawyer.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Pro bono help needed for Woodbridge,NJ Traffic license suspension need all expunged who to call?

I have been homeless on and off. Trying to get back on my feet requiring a license for full time employment

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 20, 2023

Unfortunately you cannot expunge traffic violations only criminal charges in NJ

2 Answers | Asked in Criminal Law for New Jersey on
Q: I own a store(NJ) if I see someone shoplift can I legally lock the front door and detain them until the cops arrive.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 11, 2023

Per the terms of service of this website, we cannot give you specific legal advise on this website, so I will talk generally, you are allowed to make a citizens arrest when someone steals from your store, while you await for the police to come. just you better be right otherwise the shoplifter may... Read more »

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2 Answers | Asked in Estate Planning for New Jersey on
Q: We are interested in creating a Living Trust in NJ. Asset=House to 2 children, Bank accounts = to 2 children. What is t

Asset=House to 2 children, Bank accounts/annuity = to 2 children. What is the process/concerns. Would like to avoid probate. Or should we create a different document?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 9, 2023

Unless you are willing to give them all your assets now a living trust in NJ doesn't really accomplish avoiding probate in most cases in NJ. They are great outside of NJ, but not in NJ and thus the reason they are rarely used in NJ. Other process's however may accomplish your goals.... Read more »

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2 Answers | Asked in Contracts for New Jersey on
Q: If I rented space in my yard to store boats and wrote a receipt without terms, is the receipt a binding contract?

I rented some space in my yard to someone to store a couple boats. He paid me $500 upfront for 2 months. I was not aware of the cost of storing a boat. I left for a couple hours and when I came back there was 5 boats, a total of 120 ft in total length and scattered all around the yard not parked... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 4, 2023

We are not allowed to give specific legal advise on this website. But generally a signed contract in writing will be enforced by a court. Best to do what he said and get a legal consult/opinion , but we would need to see the contract to tell you if your contract could be enforced and expect a... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: How to bind together multiple pages of the last will?

If the will has multiple pages how to bind them together? Do I need to number and initial every page? Can notary stamp every page? asking for NJ

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 23, 2023

Honestly, if you need to ask this question you should hire a lawyer to prepare your will. I have seen many people save a thousand dollars on having a will made only to end up in probate court spending tens of thousands to rectify the errors that were made in the Will. It is called being penny... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I have a third time moving violation, using my cell phone while driving. Will my license be suspended? NJ

I was trying to recalibrate my Google maps. Phone was being weird and just as I made the decision to pull over, I got pulled over. I cannot lose my license - I’ll take points and paying a fine but I don’t have the option to lose my license right now…

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 21, 2023

The judge always has the final say in what your sentence will be But you are facing with a 3rd or Greater Offense: Fine of Not Less than $600.00 or more than $800.00 plus up to 90 Days Drivers License Suspension and 3 Motor Vehicle Points. The key word is up to and thus the reason must people hire... Read more »

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Should I attend the virtual hearing myself or hire a lawyer?

The ticket was careless driving. I hit a railing and my friend was injured. Now I am contacting my insurance company. I don't know what this hearing is about. If I say something wrong at the hearing, will I take all the responsibility for this accident and then the insurance will not pay the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 17, 2023

I always recommend that anyone that has a ticket with a mandatory court appearance hire a lawyer as you face up to 15 days in jail and up to a $200.00 fine. Now although the jail part is not likely to happen in most cases, it could in your case as someone is claiming an injury in your case. If... Read more »

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1 Answer | Asked in Car Accidents for New Jersey on
Q: What do I do if I receive a letter from an attorney in Chicago notifying me of a suit for an accident I wasnt in?

It gives me an address in Chicago where the accident happened, but I’ve never been to Chicago, nor have my vehicles. They want me to call them with my insurance or forward the letter to them. What do I do?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 15, 2023

Much more information would be needed to properly answer your question such as was the accident a covered event under your insurance, Did someone drive your car to Chicago, Was your car stolen etc. Speak with a lawyer or if you have insurance for this event your insurance company. I suggest a... Read more »

2 Answers | Asked in Estate Planning for New Jersey on
Q: Does a Last Will and Testament with a trust signed before marriage valid after my marriage in NJ?

What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?

What if I pass before I have a chance to... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 4, 2023

More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there a time frame or deadline for how much time a prosecutor has to formally indict someone on criminal charges?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 2, 2023

The answer is the time depends on the crime committed and the prosecutor does not necessarily have to indicte you to charge you with a crime. If you think you may be charged with a crime speak with a lawyer, if you are already charged most attorneys offer a free in office consultation if you... Read more »

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 28, 2023

The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I have a car that is originally manufactured and sold in Ohio. It never had a front license plate bracket.

Do I have to add a front license plate if the car is now registered in NJ?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 24, 2023

Yes it doesn't matter where a car is sold, it matters where the car is registered for license plate rules.

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case

Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 19, 2023

Maybe but a lot more information would be needed to be known before a lawyer could properly answer your question. Most evidence can be used in criminal court, but evidence standards still apply. Furthermore if this is a criminal case and you are not the defendant you generally can't present... Read more »

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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 12, 2023

You can only fight it by going to court (which is mandatory) with a good lawyer on your side. Unfortunately, she has the upper hand in this matter and you need to try to even the playing field.

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2 Answers | Asked in Business Law and Contracts for New Jersey on
Q: Can a client tell you not to do work after he signed a contract?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 11, 2023

To make it simple it all depends on the terms of the contract. Without reading the terms of your contract or agreement any answer would be mere speculation on what your rights are.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: do I need lawyer if my company vehicle got ticket in Lincoln tunnel 32:154.2-apperance required
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 10, 2023

Unfortunately, Yes most courts will require a company to be represented by a lawyer in NJ. Most of us traffic tickets offer a free in office consultation where you can learn more.

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Jersey on
Q: can i be charged for criminal trespassing if I was not even on private property when police arrived to my residence?

I injured my back while riding my atv and had to call an ambulance to get to the hospital since i couldn't drive. Police came to my home upon the call as they stated they needed to fill out a report for any type of accident called in via 911. The officers stated they were not issuing tickets... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 10, 2023

Yes they can charge you even up to a year later for criminal cases in Municipal Court. That being said I would suggest hiring a lawyer you may have a defense in this case. Most of us criminal lawyers offer a free in office consultation, I would suggest that you set one up.

1 Answer | Asked in Criminal Law for New Jersey on
Q: What does an intake conference mean in Mercer county courts

I found a wallet and mailed it back to its rightful owner and now I’m being charged with theft I have to go to court for an intake conference.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 8, 2023

More information would be needed to advise you which you probably don't have but could be accessed thru the courts to properly answer your question. But it sounds like you have been charged with theft. The right thing to do with the wallet was to immediately give it to the police,... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is it ok to ask a prosecutor to get my tickets move to another district if I feel the town may be racist?

Officer saw my good record and pleasantly came over and gave me 3 tickets for speeding. Unlawful operation and not obeying. Signs . He basically said I was speeding 3 different ways. After he complimented me for having no points

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 3, 2023

It never hurts to ask but it probably won't be done without some type of proof, just getting 3 tickets for the same offense is not that uncommon these days as cops tend to write more tickets as everything today is videoed. You may want to request that video.

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