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Questions Answered by H. Scott Aalsberg
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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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... View More

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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
H. Scott Aalsberg
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,... View 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
H. Scott Aalsberg
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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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was driving from Atlantic City.Officer gave me 3 tickets. Speeding/unlawful operation/ endangering people or property?

Pleasant interaction I had no points/ had all my credentials/ why so may tickets for the one offense. Then told me to plea not guilty in court and fight it. Why pleasantly give me 3 tickets to tell me to go plead guilty. Why give me so many tickets in the first place.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 1, 2023

Unlike in the past now that most interactions with police are recorded it is rare to get a warning and not a ticket if you committed the offense as they don't want to seem like they are giving one person and a ticket and not another. In your case if the officer has you on video violating 3... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: I currently have multiple active warrants from multiple departments for felony criminal charges. What should I do next

I'm currently wanted for alleged motor vehicle theft, car jacking, theft, etc in NJ. I also have a current probation violation out of pa, as well as on going felony court proceedings in New Hampshire. I know I can't run forever and the longer I do the worse it gets. The Pa warrant is a... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 29, 2022

If you truly want to take care of this you need to hire lawyers in each state and then follow their advise on how to turn yourself in to make this easiest as possible. The charges as you know won't go away and if you get found before turning yourself in that always looks worse as turning... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What does it mean when my civil case is going to court before my criminal case?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 26, 2022

The answer would depend on what the cases are about such is it a restraining order in civil court but an assault charge in criminal court, or it could be a restitution case in civil case for taking merchandise and a shoplifting charge in criminal court. See the problem everything depends on what... View More

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: First offense parked at a handicapped parking space? How much is the fine?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 18, 2022

It Depends, but in General, if you are charged with 39:4-197 a first offense is punishable with a fine of $250 and subsequent offense generally has a fine of at least $250 and up to 90 days of community service and you will generally get that community service in most courts.

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for New Jersey on
Q: Theft of Services? Customer wrongfully disputed credit card charge

We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 16, 2022

First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... View More

1 Answer | Asked in Civil Rights, DUI / DWI and Identity Theft for New Jersey on
Q: Someone used my name and identity during a police call and arrest for CDS and DWI. What type of lawyer should I seek?

Criminal Identity Theft

Defamation

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 15, 2022

To fight the DWI you will need a DWI lawyer. When you find out who used your name you will need a civil litigation lawyer to sue that person. Most of us DWI lawyers offer a free in office consultation during normal business hours.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: A state trooper pulled my son over in a single lane with a double line, when the state trooper did not have his light on

The trooper did not have his lights on and was pulled onto the shoulder and gave my son a ticket for failing to change lanes for emergency vehicle. He stated my son had a big truck and if someone was on the side of the road fixing their tire he would’ve hit them. My son states he was only... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 10, 2022

Yes you can fight any ticket and no a cop does not have to have a light on to track you or pull you over in the State of New Jersey. As for your question about your ticket we would need to know the summons number to properly answer your question but in generally failure to pull over to an... View More

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: 39:4-97 - Received a Ticket saying this offense, What is the impact. I plead guilty
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 9, 2022

The impact depends on whether the ticket has a mandatory court appearance or if it has a pay by date on the ticket. If a pay by date on the ticket your looking at a fine and 2 points on your license and increased insurance costs. If it has a mandatory court appearance on the ticket your looking... View More

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
H. Scott Aalsberg
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... View 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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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... View More

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
H. Scott Aalsberg
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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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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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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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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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... View More

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
H. Scott Aalsberg
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... View More

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
H. Scott Aalsberg
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... View More

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