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Questions Answered by H. Scott Aalsberg Esq.
3 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: Am I entitled to any money for being hit by a drunk driver/watching my driver diein a car accident when I was 15 in 2019

In November 2019, I was 15 (I’m 18 now) and was behind the passengers side of a Lyft driver. Is was around 3am and we got hit by a drunk driver on the highway. I watched my Lyft driver die and that was the last thing I remember. I woke in the hospital with a scraped knee, a broken rib and a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 29, 2022

Yes you should be able to recover some money for your injuries, but you need to find a lawyer immediately because the normal statute of limitations (time you have to sue) is 2 years. Since you were a minor this time could be extended but not for long. You need to call one of us personal injury... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a ticket for Traffic on Marked Lanes- Trucks 39:4-88E . No points? Also officer wrote wrong state for plate#?

I received this ticket on the New Jersey turnpike.

Officer said that particular ticket was no points, is this true? Also officer wrote the wrong state for my plate. He wrote NJ, and it's NY. Can I beat this, because of that error?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 27, 2022

Its a 2 point ticket in NJ check your insurer if they are going to charge you for these points. Unfortunately, clerical errors in NJ generally don't void a ticket. Your best chance to get no points on a ticket like this is to hire a good lawyer and fight the ticket.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I am a crime victim. Will the attorneys/judge consider that when I report to jury duty?

I live in NJ. I am a crime victim. One defendant pled guilty to other charges and the charges related to my case were dismissed. Second defendant pled guilty and is currently on probation and paying restitution to me. Third defendant is a fugitive (so, open case). I appeared in court and made... Read more »

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

Being a crime victim is not a reason to be excused for jury duty, but a criminal lawyer may not want you on the case because of it. However, that being said generally you won't be on the only one on the jury that is a victim of the crime. In the last few years more and more people seem to be... Read more »

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2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ, if there are two Memorandums of Tangible Personal Property, does the most recent override the first one?

One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.

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

Sounds like you have the item and it was on the later list so it sounds like you have the right to keep it. But a lawyer would need to review all the documents and the estate documents issued by the probate court to tell you anything with certainty.

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3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My sister passed away and I am the one who managed her trust. It is to be split between me and two brothers.

My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 24, 2022

Without reading the trust documents a lawyer would not be able to properly advise you. But sounds like you need both a CPA and a Lawyer for the answers you seek.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: ARE THERE ANY POINTS FOR CONVICTION OF 39:4:88E IN NJ
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 23, 2022

Yes this violation carries two points in nj

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: if someone’s will says you recieve the money through the trust at age 21 but the trust now says 40

the trust didn’t always say 40. just lost the copy of the original but would i. e able to take it to court and get atleast some of

the money

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

Looks Like something fishy is happening here looks like you should hire yourself a good lawyer to investigate and file a suit if necessary.

2 Answers | Asked in Car Accidents for New Jersey on
Q: Hi. I got into a accident I was making a left turn over a traffic median into a parking lot and a car

That was behind me didn't realize I was turning and drove into the median and hit me on my turn is he responsible or we both are because maybe I shouldn't have turned there?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 21, 2022

Unfortunately, it appears, the law would consider you at fault for the accident as from your description it appears you were making a left turn into on coming traffic and therefore you must yield to oncoming traffic. But an attorney would need to see the accident report before making this decision.

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: My husband was innocent but charged with domestic violence in NJ due to my emotions, ignorance, and cultural difference

My husband and I had arguments and he was trying to hug me from the back to calm me down. The police saw it and noticed there was a red mark on my arm. I was too emotional and didn't know what I said would cause legal consequences. So I said he did it. He was charged with domestic violence. In... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 20, 2022

First your husband needs a lawyer, he is facing criminal charges that will leaving him with a criminal record of conviction and he can even go to jail if convicted. The lawyers that told you he doesn't need a lawyer aren't representing him so of course they will tell you just speak to... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a 14 1/2 year old who gropes 12 year old multiple times against his will be held liable under this statute?

Specifically, can the 14 1/2 year old be convicted under the child endangerment stature?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 19, 2022

Your failed to mention any statute in your question but generally just like an adult a 14 year old will be liable for their actions

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2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Charged with 39:3- 29A for the third time. What am i looking at legally
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 12, 2022

The penalty range does not change no matter how many times you get convicted of this offense. That being said if the judge orders you to do something and you don't do it you could be charged with contempt of court.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket for backing up about 3 ft so i could park in a diagonal parking spot. Is this legal?

I was waiting for someone to pull out. Thought they needed a few mor feet to back up. There was no one behind me so I did. The officer in training maybe 19 yo, screamed at me to stop so crazy I though I hit someone. I told her I was just parking she said you can't back up in a one way. Then... Read more »

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

Wrong date and time would probably be considered a clerical error. Second, yes you can get a ticket for backing up 3 ft. The question is should you fight the ticket and the answer depends on what exactly the violation number of your ticket was since you did not List It.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was in a hospital and was charged with cds ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 7, 2022

Just because you're in a hospital does not mean that you're immune from getting a drug charge. That being said based on the facts of your case you may have a defense. I would suggest that you set up one of the free in office consultation that most of us criminal lawyers offer.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Just curious, about hoe much is it to have a lawyer for a cell phone ticket in NJ a round about number …
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 7, 2022

The price depends on the facts of your case" your prior record and quality of attorney you choose.

Generally, the better the attorney you choose, the more you will pay.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Cop gave me cell phone ticket but it was written in my spouse name(registered in spouse name) gave my license though

Car registered-spouse

Insured under me

Gave my license

Ticket written to my spouse who was not with me he put all of her information on ticket what do i do he did have body cam going

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 1, 2022

Your problem is that if you don't do this case correctly they will just re-issue the ticket to the correct party you. I suggest that you get a good lawyer to make sure you have the best chance of winning this case. The State will try to argue this is a clerical error where as your attorney... Read more »

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2 Answers | Asked in Criminal Law and Tax Law for New Jersey on
Q: Potential outcome for breaking & entering by breaking a door, simple assault on adult, breaking TRO, IRS tax fraud

I am looking for information on the potential outcome for the above. There was harm done to a child and involvement of DCPP, the assault done to the child has not been established in court due to postponement. I am curious about this outcome as it will severely affect parental time and the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 30, 2022

Jail time certainly looks like it is almost certain for the above offender as this person has multiple charges that could lead to that. That being said everything depends on the facts of the case and how good of a lawyer the defendant hires and lastly never under estimate luck.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it illegal to use the General Power of Attorney, when in fact the principal is now incapacitated?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 30, 2022

An attorney would need to review the power of attorney document to properly answer your question to determine whether the powers remain effective after the onset of a disability. Every attorney will write, the power of attorney to the clients wishes and the word general is just that general and... Read more »

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 29, 2022

Attorney Boyer is right. A Postnuptial agreement however is only enforceable provided it is fair at the time they are made and fair at the time that they are sought to be enforced. The deed really wont help you. Make sure both of you have your own lawyer.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for New Jersey on
Q: do students under the age of 15 have to be questioned with their parents present by a guidance counselor?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he/she may be charged with something, setup a consultation with a lawyer. It... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: Must a parent be present when a guidance counselor asks questions that can incriminate a 12-year-old student?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he may be charged with something, setup a consultation with a lawyer. It may... Read more »

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