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Questions Answered by H. Scott Aalsberg Esq.
1 Answer | Asked in Personal Injury for New Jersey on
Q: Is there a NJ statue that mentions excessive smoke and high flames from an outdoor fire pit.

The excessive smoke From neighbors fire pit filled our home causing my husband and myself physical distress He was unable to breathe and began wheezing I also experienced shortness of breath, headache and swollen watery eyes

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 30, 2020

Check your local town nuisance laws in your townships local code.

1 Answer | Asked in Car Accidents for New Jersey on
Q: Driver hit parked car the police suspected it was distracted driving, but the report does not say that, should I hire
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 30, 2020

If you got a ticket for an offense with points, I would suggest hiring a lawyer. Most of us traffic ticket lawyers offer a free in office consultation.

1 Answer | Asked in Estate Planning for New Jersey on
Q: Hello i am in an estate for a will. I just gave lawyer ssn dob, address and full name. What is this for. I am in NJ

I am a beneficiary

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 23, 2020

The answer would depend on who you are in relation to the will. Are you an executor, beneficiary, trustee, guardian etc.

1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What are the reasons that a prosecutor can withdraw a plea ?

The prosecutor prior to sentencing realize you made a mistake and now she wants to send it back to Grand Jury the defendant did nothing wrong and changed nothing

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 22, 2020

In general If you talking in regards to a plea bargain, they don't need a reason to withdraw a plea unless the plea deal was already accepted by the defendant in court.

1 Answer | Asked in Criminal Law for New Jersey on
Q: can a 34 year old man go to jail for having a sexual relationship w a 16 year old girl in new jersey?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2020

Yes, the crime is called endangering the welfare of a minor so don't go out with her. If you have already done this and have been charged get yourself a good lawyer

1 Answer | Asked in DUI / DWI for New Jersey on
Q: If you have a dwi and 2 years later are charged with a refusal to submit are the penalties enhanced as a second DWI or

remain the same as a first time refusal?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2020

More information is needed to properly answer your question, so I suggest consulting with a lawyer to get the correct answer for your situation, but In general they are different offenses so the answer would be no, but generally if you have a refusal you get a DWI also so that would be your second... Read more »

4 Answers | Asked in Domestic Violence for New Jersey on
Q: I am charged with 2nd ag assault. I have a restraining order given to me in prison. The hearing date was 10/5.

That hearing didn't happen. On Nov 16 at 930 am I got an email that the hearing was that day at 9am.I understood that hearing not be more than 10 days from being issued. Is this tro still in effect. I'm in nj.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 17, 2020

Yes it should be still in effect, especially now with COVID everything is getting pushed back and I am sure if your in prison you have heard about people now waiting months for a court date.

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1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: If the person doesn't want to press charges on me can i still go to jail?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2020

Depends on who filed the charges, if filed by the police it generally doesn't matter what the victim wants.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: I committed a felony for the first time ever, I have no criminal record at all. It was a third degree, and I'm a minor

I am 16

What may be the outcome? If I am charged.

The company said if I pay back the money that will be the end. It was a civil demand letter to be exact. They said they will not press charges or get the cops involved but I just want to know what can happen.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2020

If they keep their word and don't file charges nothing will happen to you.

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is a defense to a cop changed with assault. The cop was caught on camera hitting a man

A cop was on video hitting a man the man was telling the cop to hit him and calling the cop names so the cop slapped him.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 14, 2020

We would need to see all the evidence in the case to determine the best defense. That is why by law the prosecution must show the defendant the discovery prior to the trial of the case so a proper defense can be determined based on all the facts of the case for which we have none.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I send photo of document I have a question on my nephews sentence he seems to think it’s an illegal sentence
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 14, 2020

You should never send a document like that over a public website. If you need a lawyer to give you a second opinion on a case, you should seek out a lawyer for a second opinion and bring the document with you, otherwise you should ask his lawyer.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for New Jersey on
Q: I am a minor, and I may be charged with a 3rd degree felony. The amount of money that was taken was $6,000 from my job.

What may be the charges and what can happen.

The company said they would not press charges, but it wasn't on paper.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 14, 2020

It would be the same as if you were an adult. It's a third degree case which subjects you up to 3 to 5 years in jail $15,000 fine probation and restitution as required by the court. If you do get charged to make sure your parents hire a good lawyer for you to reduce or eliminate these penalties.

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled over for speeding as stated by the officer 19:9-1.2 .39 and also ticketed for 3 other offenses

I was pulled over for speeding in Jersey as stated by the officer 19:9-1.2 .39 but ticketed for 3 other offenses 39:4-96, 19:9-1.3c, 39:4-88A. Two are payable the other two I have to appear in court. What would you recommend I do? Pay the two or just wait until my court date to see what happen also... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 9, 2020

First you should hire a lawyer, as you do face up to 60 days in jail on that reckless driving ticket assuming it is a first offense and up to 90 days in jail if you have done this before. Also you face a probable suspension of your drivers license on the speeding ticket. That is why those tickets... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Is it true if a simple assault happens with a minor child present it is an aggravated assault?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 5, 2020

If charged speak with a lawyer, most of us criminal lawyers offer a free in office consultation.

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1 Answer | Asked in Elder Law, Nursing Home Abuse and Wrongful Death for New Jersey on
Q: My mother was in a nursing home, sent to the hospital with UTI, kidney stones and malnutrition

She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 5, 2020

Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have.

1 Answer | Asked in Criminal Law for New Jersey on
Q: My husband is being held on a theft charge out of pa in the state of nj. Can a judge release him from nj jail?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 1, 2020

Yes but generally that will need to be a Pennsylvania judge. Speak with an attorney because unfortunately we don't know any facts of this case to give you a certain answer.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I signed a plea deal to a fourth degree. Judge signed problem is their no fourth degree illegal wire taping charge

The cops charged it right on the green sheet

Awaiting sentencing. My attorney told me i hade to resign my plea i asked why he said their was a typo i asked where. I am now pro.say. until i find a attorney

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 26, 2020

I think you are on the right track you need to find another attorney. We are not supposed to give specific legal advise on this site. I suggest that you setup a 2nd opinion consultation with a lawyer, it may cost a few bucks for the lawyers time, but it may be well worth it for you.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was charged but not arrested of 2C:34-1B(2) what are the penalties?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 23, 2020

We would need to know much more information to answer your question properly and even if this is what you are originally charged as the complaint can be amended at any time. Basically it can be anything from up to 180 days in jail to 5 years in jail depending on the grade charged and if you have... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Whats the difference between charges 2C:35-10A(4) and 2C:36-2
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2020

2C:35-10A(4) is generally for having in your possession Marijuana

2C:36-2 is generally for having a pipe, rolling papers, cutter, scale or other item that is used to help to ingest a drug.

Both charges generally have the penalties of up to 180 days in jail, probation and fines from the court.

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: Can I get arrested if my parent forces me to take and buy drugs?

So basically my mom made me buy/take street xanax. So she gave me money for me to buy the xanax and she told me what to ask for and when and how much. When i did find someone who had it and i told my mom about that and showed her what the person was saying. “i” (my mother) said yeah i’ll buy... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2020

Yes you can get arrested as you are committing a crime and so is your mother. The same as if your mother asked you to shoot a gun at a person, just because someone told you to do it, does that mean that you have to listen or that you have immunity from prosecution. By the way it is a crime for... Read more »

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