Questions Answered by Jonathan Herron

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?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Mar 26, 2018
Jonathan Herron's answer
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 to file suit against you. If you are unsure of how to proceed consider consulting a landlord-tenant lawyer to ensure that you properly handle the security deposit.

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

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Mar 26, 2018
Jonathan Herron's answer
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.

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

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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 charges. Getting rid of the tint will likely be a wiser course of action in the long term.

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

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Mar 26, 2018
Jonathan Herron's answer
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 be transferred.

No matter what happens with the case it is important you have an attorney representing you. Depending on the degree of the charge you are facing jail time of 18 months-10+...

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

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Mar 26, 2018
Jonathan Herron's answer
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.

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

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Mar 26, 2018
Jonathan Herron's answer
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.

This charge is a serious matter. It carries penalties of 18 months in jail, fines of up to $7,500, and probation of up to 5 years. It is important to have an attorney on your side. Many attorneys...

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?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Mar 26, 2018
Jonathan Herron's answer
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.

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

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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 consultation.

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?

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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.

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?

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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 ticket.

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

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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 best interests here.

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

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Answered on Mar 26, 2018
Jonathan Herron's answer
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 details of your case on this, or any other public, forum. As a public forum, the police can view your posts and use any information against you. Consult an attorney and any information you give...

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.

2 Answers | Asked in Estate Planning for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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.

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

2 Answers | Asked in Estate Planning for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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.

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

2 Answers | Asked in Estate Planning for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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.

Q: FTA warrant

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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 prior court date. The bail is thought to be a guarantee of your appearance at future court dates.

If you do decide to go to court to seek a lower bail make sure to bring recent pay stubs and...

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

2 Answers | Asked in Collections, Estate Planning and Real Estate Law for New Jersey on
Answered on Mar 27, 2018
Jonathan Herron's answer
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.