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Questions Answered by H. Scott Aalsberg Esq.
1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for New Jersey on
Q: I have a complaint against my employer for harassing me through text messages calling me names and stalking my house.

I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 30, 2022

We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If a police officer marks down the speed limit on the ticket then can I fight the speeding ticket since he can't prove?

I was regrettably doing 88mph in a 35mph school zone. Honest to God I didn't know I was in a school zone I thought the speed limit was 50 either way I was late for work and speeding. So the officer told me I was doing 88mph then comes to give me the ticket and I realized he marked it down and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 29, 2022

First by you requesting discovery, (radar, laser certification and logs, videos etc) you will also be giving a copy of this to the prosecutor which will then make his job much easier to convict you. Not that a lawyer wouldn't normally do this for you, but when you do it, it raises a red flag... Read more »

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1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Can I still receive a ticket in this matter?

Hello, I was in a traffic accident approximately 1yr and 5 months ago where I rear ended a motorvehicle. My vehicle (Sedan) was totaled the other vehicle (SUV) had some had rear end damage. After flagging down an Officer they completed their investigations and towed my car. I received the tow... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 19, 2022

You can't still receive a ticket as you would be past the statute of limitations, but it sounds like you may already have had one. I would hire an attorney to research this and see if any tickets arose out of the situation to make sure you don't have a warrant for your arrest for not... Read more »

2 Answers | Asked in Criminal Law for Ohio on
Q: If a defendant was under the influence of drugs when they confessed. Can they be prosecuted for corruption w drugs/ohio.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 19, 2022

Maybe but you would need to post your question in the Ohio section not the New Jersey section to get the correct answer for that state, thus I suggest you repost your question.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: a police officer motioned for me to put seatbelt on and i did. then 30 secs later he pulls me over and gives me a ticket
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 16, 2022

That's the same as the police officer motioning/telling you over his speaker to slow down. That doesn't mean that he can't give you a ticket later for speeding at that time. So yes you can still get a ticket for what happened.

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1 Answer | Asked in Probate for Puerto Rico on
Q: Under Puerto Rico inheritance laws do all heirs have to be present to collect their inheritance money from the bank
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 15, 2022

You need to repost your question under the Puerto Rico section not NJ as you have to have a chance of getting the right answer as here you will only get NJ lawyers and most don't know Puerto Rican law.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is there a legal distinction between the terms “roadway” and “highway?” Are they interchangeable?

For example if a section in this law refers only to “highways” does that law apply to all roadways? In regards to a pedestrian moving law.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 14, 2022

It would depend on the statute where each one is written. Don't forget that statutes are written in different years and times so many words may mean something then and something different now, you have to look at the definition at the time the law was passed.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is Camden county transferring inmates to state institutions.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 3, 2022

To my knowledge the answer to your question is yes but you can check with the county.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: How do I get out of a ticket for 39:4-135? I am not guilty, I parked just fine and legally.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 30, 2022

You will need to call the court plead not guilty, the court will send you a court date, and on that day, you wait your turn and speak with the judge and explain your reasoning why you are not guilty.

1 Answer | Asked in Probate for New Jersey on
Q: Hi my father has land and a house in Puerto Rico, he's been divorced for 30 year's. Is the ex entitled to the property
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 29, 2022

That would depend on a lot of information that is missing such as was their a property settlement agreement when they got divorced. Was she still named on the deed. Was she living in the property and this is just three of the many questions a lawyer would need to ask before giving you an answer.... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I still be charged with 2C: 33-2 (b) if there was no one around that heard the offensive language being urrered ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 25, 2022

Someone would need to be able to hear you if you were charged as their must have been a complainant. If not you may have a good defense. If charged speak with a good criminal lawyer. Most of us criminal lawyers offer a free in office consultation.

1 Answer | Asked in Criminal Law for New Jersey on
Q: It is unlawful to a car owner to deny the name of another person who committed a crime while driving the owner's car?

It's been 4 months that I had been assaulted in Newark, N.J. I called the Police on that day since the guy punched me on the head and also threw away my personal phone. Since then, a Detective contacted me via text message about the case. I provided the Detective the picture/plate of the car... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 24, 2022

A person always has the right to remain silent with the police. Yes you can sue her, but many attorneys won't take this type of case unless you pay them per hour.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How much time or distance does the law state that you have to pull over when an emergency vehicle comes up behind you?

I was pulling a travel trailer and can't be expected to stop the same as a car!

50 seconds & less than 1 mile does not seam reasonable. I just viewed a copy of the dash-cam disc.

Why do I feel this is loosely determined by the officer and how he felt that day?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 24, 2022

No set mileage is in the statute, but if you look at the cases its a reasonable distance/time. The problem is some people just aren't that aware of their surroundings and thus don't pull over right away even though the cop was behind them, and then they get the charge. if charged make... Read more »

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1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Can a juvenile be detained for a criminal act he admitted to even if everyone involved was not questioned?

My 16 yr old is being detained because he admitted to a criminal act but not everyone involved in the incident was questioned yet. Also, the weapon in the complaint is not what my son admitted too - and the complaint document was shown to us after he was detained.

Is this process correct?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 21, 2022

The short answer is yes a juvenile can be detained for a criminal act he admitted to even if everyone involved was not questioned. That being said that does not mean that the police didn't do something wrong in the investigation and you should definitely hire a lawyer to determine this and... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New Jersey on
Q: My fiancé is close to receiving a plea deal and close to his sentencing. Is it too late to change lawyers.

He was supposed to go to a hearing on Thursday but for some reason they did not have it. Also by any chance can the money we already paid the current lawyer be transferred to the new lawyer?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 12, 2022

You can always change lawyers however, your old lawyer will be entitled to the money he has earned already generally computed at the lawyers normal hourly rate. That being said a lot of lawyers are weary of taking a case at the last minute like this as it will take a lot of time for your new... Read more »

2 Answers | Asked in Car Accidents for New Jersey on
Q: My car was totalled, not due to my fault, it was 100% the other party but the value is 19k, his insurance only has 10k

I own a car rental company in NJ, One of my customers was hit and it was deemed the other drivers fault.

The insurance company is having me sign a waiver that I will not sue the driver after I get the 10k even though to make me whole, it would be the value of the vehicle 19k, tow and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 11, 2022

A lawyer would need to ask you several questions to properly answer this question starting with do you have an under or uninsured insurance to cover loss, does your contract speak to an accident and does it include recovery of attorneys fees etc. Although it may cost a few dollars to speak with a... Read more »

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1 Answer | Asked in Estate Planning and Tax Law for New Jersey on
Q: If I claim my deceased father's property & he's in debt, will I become responsible? Or is it just taxable income?

If it is a debt will I become required to pay his debt if I am heir? If not a debt & income how can this effect my tax liability?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 9, 2022

I suggest you setup a consultation with a lawyer. You have more than a simple question here and a lot will depend on who you are in the will. For example are you executor or just a beneficiary. As for tax liability that should be asked to a CPA

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was issued a summons in Robbinsvile New Jersey for touching the traffic fog line.

I was issued a summons in New Jersey @3 AM on my way home for touching the traffic fog line. The officer followed me for quiet a while b4 I did something that he could justify a traffic stop. After going back to the area of the stop the next day I noticed that the traffic lines were faded and in... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 8, 2022

That is an issue that you can fight the ticket over but you would need to go to trial over it and you will need to take pictures/video of the area where you were stopped. Without a lawyer these cases are hard to win because you will have to prove that a reasonable person could not make out the... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is the common sentence in New Hersey for the charge of Possession of CDS, Manufacture and Distribution of CDS
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 7, 2022

The common sentence depends on the degree of the charge you had and the amount of drugs as distribution has different levels depending on the drug. The most common is a 3rd or 2nd degree both of which carry jail terms. The third degree has 3 to 5 years in jail but if you have a clean record and a... Read more »

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can a DUI that’s been dismissed in NJ be refiled?

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H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 4, 2022

Maybe we would need to know much more information such as did a trial start for the case etc. When were the offenses etc, etc.

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