Questions Answered by H. Scott Aalsberg Esq.

Q: What's the standard penalty for a second speeding ticket in NJ? If they happened far apart, does it make a difference?

3 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Oct 12, 2018
H. Scott Aalsberg Esq.'s answer
In general the penalties if you pay online or thru the mail are the same and are based on your speed over the limit, type of zone you are in etc. no matter how many you get. The penalties when you go to court can be different because the judge can see your prior record and possibly give you a higher or lower fine or even suspended your license etc, if the judge thinks your a bad driver, the reason why many people hire lawyers to win or reduce the penalties they face.

Q: Once dissolving a business if your suing a client and they send a check. Can you still cash the check?

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New Jersey on
Answered on Oct 11, 2018
H. Scott Aalsberg Esq.'s answer
Best to ask the lawyer that helped you dissolve the business, unfortunately the answer can vary on who can deposit the check.

Q: I inherited house upon dads death. Cousin was staying there as she lost her home. Can I evict?

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Answered on Oct 10, 2018
H. Scott Aalsberg Esq.'s answer
Sure, but I suggest that you hire a lawyer to handle the eviction process.

Q: My wife and i were charged with 2c:33-4a what should we do. We are not trying press charges on each other

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Oct 9, 2018
H. Scott Aalsberg Esq.'s answer
These are criminal charges both you and your wife need to hire lawyers and you will both need separate lawyers because there would be a conflict of interest for one lawyer to represent both of you. If you get lawyers that know each other and are willing to work with each other maybe both of you could get the cases dismissed. But remember it is up to the judge and the prosecutor to dismiss the cases since neither of you filed the charges on your own. most of us criminal lawyers offer free in...

Q: Charged with 3 cts of possession of drug paraphernalia and a disorderly person's. I was overdosed had to be hospitalized

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Oct 8, 2018
H. Scott Aalsberg Esq.'s answer
The Good Samaritan law doesn't work as well as people think it would. I would not trust that as your only defense. Your better defense is always was there probable cause for the search. However remember again if something is in open View they don't need a warrant. Your big problem is that you're already on probation so even the charge itself and cause a violation. Make sure you get yourself a good lawyer to explore all possible defenses.

Q: Can you get charged with lewdness If you were in your household checking out something on your genital area

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Oct 7, 2018
H. Scott Aalsberg Esq.'s answer
Yes it could be lewedness and you see this charge all the times and cities where one person has their apartment next to each other and they can see from the window what the other person is doing. if charged make sure you get a lawyer as you're facing possible jail probation and a criminal record. Most of us criminal lawyers offer free in office consultation I suggest you set one up as soon as possible.

Q: in my mothers will all 3 of my sisters and I will inherit her home. should we put it in a trust? to avoid probate?

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Answered on Oct 6, 2018
H. Scott Aalsberg Esq.'s answer
Depends, we would need to know much more information to determine that. That being said for most individuals with assets of less than 5 million a will works just fine. Just make sure her will is recent (i.e updated within the last 5 years) and drafted by a lawyer. Lastly probate in NJ is not such a bad thing compared to other states, but can be avoided with certain trusts, but that is very expensive to setup and the best trusts generally put the assets in the trusts name way before the...

Q: Can you go to jail for getting a first-time offender DUI?

2 Answers | Asked in DUI / DWI for New Jersey on
Answered on Oct 6, 2018
H. Scott Aalsberg Esq.'s answer
Yes it is possible for a first-time offender to go to jail however generally you need some exceptional circumstances such as a high reading or accident. The best way to assure that you will avoid jail is by hiring the best lawyer you can afford.

Q: I put a hamburger in someone’s mail box and they said they were going to call the police. Will I get a criminal record?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Oct 5, 2018
H. Scott Aalsberg Esq.'s answer
Probably nothing will happen but if it does it would be considered an harassment charge.

Q: A person under 18 charged with a felony in NJ will appear in ??

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Oct 5, 2018
H. Scott Aalsberg Esq.'s answer
It could appear on your criminal record if you were charged as an adult, this generally only happens on 1st or 2nd degree crimes as your close to 18.

Q: Can you get a DUI for inhaling dust off inhalant in a parked car not running but while sitting in the driver's seat?

2 Answers | Asked in DUI / DWI for New Jersey on
Answered on Oct 5, 2018
H. Scott Aalsberg Esq.'s answer
You can get a DWI but the question is can they prove intent to operate the vehicle.

Q: I am attending an event that I paid for and would like to use pictures that I take for my blog and my social media.

2 Answers | Asked in Internet Law for New Jersey on
Answered on Oct 5, 2018
H. Scott Aalsberg Esq.'s answer
Yes don't use the pictures except for personal use otherwise you violate the terms of the agreement and would be subject to a possible civil suit which could include both injunctive relief and monetary damages.

Q: TERMINATION OF LEASE

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Answered on Oct 4, 2018
H. Scott Aalsberg Esq.'s answer
A family member illness is generally not a valid reason to terminate a lease early.

Q: Got letter for resentencing after state vs hester overturned. Not sure what's gonna happen any advice would be nice ty

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Oct 3, 2018
H. Scott Aalsberg Esq.'s answer
Best to ask your lawyer as he knows your case and we know nothing about it. Everything always depended on the facts of your case your prior record and your mitigating circumstances

Q: Girlfriend got icket for criminal trespassing. believes that she was drugged at the bar and doesn't remember. Help!

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Oct 2, 2018
H. Scott Aalsberg Esq.'s answer
Unless she can prove that she was drugged at the bar (I suggest subpoenaing video which most bars keep) she is facing the full penalties of the charge which is up to 180 days in jail and $1000.00 fine. Tell your girlfriend to get herself a good lawyer who has an investigator.

Q: In NJ you can file expungement 6 years from completion of probation. Is there any way to do it sooner for a career?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Oct 2, 2018
H. Scott Aalsberg Esq.'s answer
If this happened in NJ you can expunge most cases quicker than 6 years from the completion of your probation, but fyi an expungment does not get rid of all of the public records of your arrest or conviction, but can be a good start.

Q: I was resentenced to probation 7/25/15 "5 years (tolled) beginning July 6, 2013" Shouldn't I have been off in July 2018?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Oct 1, 2018
H. Scott Aalsberg Esq.'s answer
Maybe you should be done with probation but the best person to answer this question would be the attorney that handled your case, as he or she knows all the facts about your case to give you the correct answer.

Q: Can I file a tort for minimal damages against the prosecutor and officer for maliciousness

2 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Municipal Law for New Jersey on
Answered on Oct 1, 2018
H. Scott Aalsberg Esq.'s answer
you posted your question under criminal law you need to repost your question under civil rights so a civil rights lawyer will see your question.

Q: Am I bound to pay back a security deposit outlined in a promissory note I signed if I don’t end up signing the lease?

2 Answers | Asked in Contracts and Real Estate Law for New Jersey on
Answered on Sep 29, 2018
H. Scott Aalsberg Esq.'s answer
Maybe a lawyer would need to read the documents before giving you an answer.

Q: A nother driver totaled my car while parked, now she is claiming vehicle malfunction so her insurance or mine wont pay

1 Answer | Asked in Car Accidents for New Jersey on
Answered on Sep 28, 2018
H. Scott Aalsberg Esq.'s answer
I suggest hiring a lawyer but it may cost more for the lawyer than what you will recover.

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