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Questions Answered by Jonathan Herron

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on

Q: My NJ tenant moved out 12/1 I'm ready to mail sec dep refund but she has not given me her new address in CO Can I keep?

Is there a statue of limitations on the length of time it takes her to give me her new address before I can keep the deposit?

Jonathan Herron answered on Mar 26, 2018

You would be unable to keep the deposit. The money is not yours. There are procedures to turn the money over to the State of New Jersey as unclaimed funds. It is important to follow those procedures properly. Not handling a security deposit properly can lead to your former tenant having grounds... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on

Q: I am selling my home and closing is supposed to be feb 28. my lawyers paralegal tried telling me today to not attend

she told me basically to sign over POA to the lawyer....sorry but she has been the main contact and i am very unhappy so no i wont sign POA and I am attending to collect my money...she even tried saying since I am using them for the house I am also buying they usually keep the money til after that... Read more »

Jonathan Herron answered on Mar 26, 2018

Typically this will depend on the terms of the contract you have with both your buyer and your attorney. The contract can direct how funds are to be dispersed.

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: Do 39:3-44 unsafe vehicle carry any points ever?

I got the ticket in Trenton new jersey for my front windshield having tint

Jonathan Herron answered on Mar 27, 2018

As previously stated tinted windows is a no point ticket. It is also an invitation to be pulled over. This can lead to you being required to pay multiple fines just to have tinted windows, and in the event, there is ever a reason to search the car/spot any contraband in plain view more serious... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on

Q: When a judge recuse itself off a case is the case suppose to be moved to a different vicinage or stay in same courthouse

Jonathan Herron answered on Mar 26, 2018

It depends on the nature of the recusal. If the judge recused himself due to a personal conflict in the case then a different criminal judge in the vicinage would likely be assigned. If the recusal is based on the inability to get a fair trial in the vicinage then it is more likely the case will... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on

Q: Can a drug court judge rule on a non drug court matter like a conspiracy case or motions

Jonathan Herron answered on Mar 26, 2018

Drug court judges are judges of the Superior Court. They are assigned to the criminal division. They generally only hear drug court cases due to the docket size. They are allowed to hear other criminal matters.

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2 Answers | Asked in Criminal Law for New Jersey on

Q: Can a harrasment complaint in the forth degree that has been filed be settled out of court

Jonathan Herron answered on Mar 26, 2018

Short answer: no. Once a criminal complaint is filed then the matter is handled by the County Prosecutor and not a private litigant. The prosecutor may be willing to plea bargain but the end result will be a plea on the record before a judge. Any sentencing will be done by the judge.... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on

Q: 18 years ago I was charged with: 2C:24-4A- dismissed, 2C:29-1- plea guilty; 2C:29-3- dismissed can I expunge them?

Jonathan Herron answered on Mar 26, 2018

Probably. You should consult with an attorney to review your criminal record. Only with all the facts can an attorney give you a solid answer to a legal question.

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: I have a probationary license and received a speeding ticket (41 in a 25) and one for not having the red decal.

This is the first time I was pulled over. Should I plead innocent? Also will my license be revoked? How do I avoid getting points on my license or having it taken away altogether?

Jonathan Herron answered on Mar 27, 2018

It would be a good idea to consult an attorney. There are policies limiting the ability of prosecutor's to plea bargain a traffic offense with a probationary driver. In speeding cases, there might be defenses an attorney can use once they have all the information. Many attorneys offer a free... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: My traffic ticket has false information on it. My vehicle is a 2 door but on the ticket it says 4 door what will happen?

Jonathan Herron answered on Mar 27, 2018

Typically the court will consider this clerical error and it will not affect the validity of the ticket. Depending on the charge listed on the ticket it will be wise to hire an attorney. Many offer a free consultation.

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: If I go to court to fight a ticket an officer gave me will the officer know I went to go fight his ticket?

I got pulled over for running a red light even though I just turned on red on a light that I’m able to turn on red but the officer pulled me over but gave me a ticket for unclear license plate even thought I know I didn’t do any thing wrong should I fight it and will the officer be notified if... Read more »

Jonathan Herron answered on Mar 27, 2018

The officer will be notified if you plead not guilty as they will have to make themselves available to testify. Depending on how you turned right you might have gotten pulled over for doing a "rolling stop." The ticket which was written may have been the office being nice by giving a less serious... Read more »

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2 Answers | Asked in Estate Planning and Probate for New Jersey on

Q: What happens in simultaneous death to joint account? Unmarried couple

The surrogate increased my bond for this account. I just do not know if i will get anything out of it. They were unmarried and my mom was his power of attorney.

Jonathan Herron answered on Mar 27, 2018

More information is needed to properly answer this question. It likely would involve having to pay a consultation fee to an attorney. Many attorneys will apply that consultation fee to the initial retainer if they are retained to represent you in the matter. Hiring an attorney may be in your... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on

Q: I was recently charged with the bad check statute 2C: 21-5 in Glassboro NJ. What are the likely outcomes? First offense.

I am 21 years old graduating with a 3.8 gpa from Rowan University with a very bright future. I have no prior charges and plenty of professional contacts that can vouge for my character. It would fall under a 3rd degree bad check offense. How likey is this case dismissed? PTI?

Jonathan Herron answered on Mar 26, 2018

It would be rare that the case is dismissed in superior court. The facts of your case will be a heavy factor in whether you are granted PTI. Depending on whether you have had your first appearance the charges may have been downgraded to a dp offense.

It is important not to post specific...
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2 Answers | Asked in Estate Planning for New Jersey on

Q: I have a joint checking account with my mother and I am POA. Had to sell her house to pay fr her assisted living costs.

Money from proceeds are in the joint account. My siblings are in Mom's will. Can we just split the money when she passes or do we have to go to probate?

Jonathan Herron answered on Mar 27, 2018

The account would be part of your mother's estate. You would have to have the estate properly administered after her death. This is done through probate.

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2 Answers | Asked in Estate Planning for New Jersey on

Q: Hi, Can an executor lower the selling price on the decedent's house without first discussing with the beneficiary heirs?

My impression is the executor is supposed to do all possible to preserve the estate value. Decreasing the house price by 20% does not seem to be in line with this.

Jonathan Herron answered on Mar 27, 2018

It would depend on the reason the executor had for lowering the price. To provide an accurate response to your question would require much more information. If you are concerned about whether the executor is acting properly you should consult with an attorney.

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2 Answers | Asked in Estate Planning for New Jersey on

Q: in terms of a will in NJ what is the definition of "Issue"

Jonathan Herron answered on Mar 27, 2018

Typically "issue" means children of the decedent. The will might give a different definition. If the will gives a definition of "issue" than that is the definition for the purposes of that will.

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: FTA warrant

Hello , in November 2017 I was pulled over for having fake plates . I rented a bmw, and had the bmw under my insurance for the rented time. I did not know the plates were fake. The car was seized from the police. The women who rented me the car also got arrested , but I’m stuck with tickets and... Read more »

Jonathan Herron answered on Mar 27, 2018

You can borrow the money from friends or family and get a new court date assigned. You can also attend court when it is in session and ask (beg) the judge to set a new court date without requiring the bail payment. It is uncommon for judges to reduce the bail when the warrant is for missing a... Read more »

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2 Answers | Asked in Collections, Estate Planning and Real Estate Law for New Jersey on

Q: Is there a statute of limitations to collect on a judgement against a decedant’s estate when placed prior to death?

Deceased dates: 5/22/07, 4/19/13 Date of judgements (both medical bills): 1/4/05, 9/23/08.

I am currently trying to sell the house to an investor and had trouble determining if this type of judgement has an expiration date or lasts indefinitely.

Jonathan Herron answered on Mar 27, 2018

attorney Nachbar has given a correct answer. Judgments filed in Trenton are a lien on real property for 20 years. You should consult an attorney to get answers about the transfer of the real estate. They will be able to help make the sale go smoothly.

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