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Questions Answered by H. Scott Aalsberg
2 Answers | Asked in Personal Injury and Legal Malpractice for New Jersey on
Q: OK my case is CRAZY NEEDLESS TO SAY and I'm totally lost in what to do next please help me. Briefly... I hired an attorn

Fir a personal injury case. He lied numerous times in court case was dismissed with prejudice. I filed an ethical complaint I just received a letter from my attorney admitting his office committed fraud. What do I do now. New Jersey case.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 17, 2024

You need to hire an attorney that practices malpractice law and quickly because just like your personal injury case the statute of limitations is running on your case and if it runs out you will be barred from collecting any money for your loss.

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1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: How to get rid of a warrant?

My friend was driving without a license and given a ticket. I’m assuming she also got a court date but she missed it and never received anything in the mail because she moved to a new address. Because she missed the court date, she now has a warrant and we would like to know how she can get rid... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 29, 2024

A good lawyer can help your friend by turning her into the court and thus keeping here most likely out of jail on the warrant, then a new court date will be set. That being said, based on what she is charged with again a good lawyer may be able to help keep her out of jail on the original charges.... View More

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: What does a zero- point traffic violation mean? In what type of situation does this violation apply?

The violation is failure to change lanes for an emergency vehicle. This is very serious. However, it is classified as a zero-point violation. The ticket that the person received was mailed, because the officer that signed the ticket was not present at the alleged violation event. The officer... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 16, 2024

Failure to change lanes 39:4-92.2 which should be the violation your charged with has 2 points. I suggest hiring a lawyer to try to get these points reduced. You may be looking at the old law as prior to 2020 it was a zero point ticket. Most of us traffic ticket lawyers offer a free in office... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is the penalty for shoplifting in bloomfeild under 500$

2C:20-11b(1)

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 23, 2024

Its the same penalty in Bloomfield as in any other court in Essex County or even the whole state; Up to 18 months in Jail, $10,000 fine. and 10 days community service assuming it is a first offense. The community service requirement increases if you have priors. That being said other penalties... View More

1 Answer | Asked in Estate Planning for New Jersey on
Q: NO CURRENT WILL. I'M 68. MORTGAGE ABOUT $100K. SHOULD I DIE PRIOR TO WRITING, WILL THEY GO AFTER ANNUITY, STOCKS, ETC?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 8, 2024

It is possible under certain circumstances that a mortgage holder may go after your assets if for example you owe more on the mortgage than property mortgaged is worth and you or your heirs are in default. If you have a house that means you have assets and that means you should have a Will. Some... View More

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: 39:4-92

Cop only had lights on no sound and no emergency, just to give tickets i guess. I was driving behind numerous cars all who were going faster and did not move over as well. only i got stopped. what can i do. any points for this

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 7, 2024

Failure to yield to an emergency vehicle in NJ is a 2 point ticket with an up to $200.00 fine. If you want to get rid of the points, I would suggest a hiring a good lawyer. Just so you know the law, the law only requires the cop or other emergency vehicle to have its emergency lights on. No... View More

1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 31, 2024

Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was charged with simple assault, is it better for the victim to be there to ask for the case to be dismissed?

I was charged with simple assault and today is the arraignment, the complaint was made by the state not the victim. The even issued a warrant out for my arrest and I was incarcerated because of this, I’ve talked to some lawyers and they told me to plead not guilty, but would it make a difference... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 28, 2024

The answer is it depends on the court, prosecutor and judge you are dealing with some, Don't care what the victim wants and just want to protect the victim from possible future problems. Otherwise especially in more of the city courts tend to be more liberal and will follow the victims... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: After seeing a judge for simple assault in NJ, how fast is someone freed?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 16, 2024

Generall depends on the persons past record such as even if you have a outstanding warrant for a traffic ticket the judge could hold you over until trial. But generally for simple assualt most people are released the same day they see the judge, but again depends on the facts of the case, injury... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What are the possible consequences for simple assault in NJ without previous criminal record?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 16, 2024

A first time offender faces the same penalties as a previous offender its just that a first time offender has alternative disposition options to eliminate the possible jail time. (Still needs consent of the judge but generally given assuming the injuries were not that bad) Thus the general... View More

4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2024

Yes just call up the court speak with the judges law clerk or go online thru the courts JEDS system and request it in writing (always better) and depending on the judge and the court your in will determine how easy it will be to do this.

Different counties and different judges rules and...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is the possession of tiny plastic bags with no drug residue evidence a crime in New Jersey
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 13, 2024

No, not by itself it would not be paraphernalia, but for example if found with a spoon a needle and a lighter it would probably be an easy case for the prosecutor to win. Every case is different and depends on the facts and circumstances of its own.

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Can I type up my own Last Will and Testament (NO LAWYER), Witnesses & sign in presence of notary...IS IT VALID IN NJ?

Would it be valid in NJ? What about those "Will kits" that Staples sells, are they valid? Also can I do the same for a POA document?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 29, 2024

If done correctly it certainly could be valid, the problem is many aren't and thats where your heirs will spend tens of thousands of dollars and can take years to settle your estate where as if you just spend a few hundred more you could have saved them all that trouble. Be smart hire a lawyer... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi I live in nj , today I was caught shoplifting at boscov’s

They caught me and wrote down price tags which total up into 539$ but most them were on sale it shouldn’t be more then 200$, cop were called he saw the video me and told I will receive something in mail for boscov’s for 150$ civil fine and they will send a court meet within a month if i don’t... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 25, 2024

First the price of the items for determining the amount taken for a shoplifting charge is based on the retail price of the items not the sale price of the items thus then fact that they were on sale is irrelevant to your charge.

Second yes you did jeopardize your future, but a good lawyer...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was given a ticket on the NJ TURNPIKE North bound at 9 am in the morning in the hov LANE the hours going that way are

4 pm until 7 pm why was I giving a ticket ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 7, 2024

That is a good question and you and your lawyer if your smart and hire one will find out in court or in the discovery that your lawyer will order. Because based on what your saying you shouldn't have gotten the ticket, but maybe he will testify in court that you were doing something else... View More

3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2024

Your only obstructing law enforcement in general if they were investigating a crime or had a reasonable suspicion that you were involved in a crime. Others reasons may exist such as the community care taker function, but everything is fact dependent. I would definately speak with a lawyer, they... View More

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3 Answers | Asked in Car Accidents for New Jersey on
Q: Jan this year a water sewer truck hit my parked Pathfinder and damaged my whole right front. How do I get my truck fixed
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 23, 2024

You have three choices you either 1) contact their insurane company and see if they will pay. 2) file a lawsuit yourself or 2) hire a lawyer to try to recover your property damage. The problem is a good lawyer may cost more than the damage is worth. Please remember you must do this quickly as... View More

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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there definitely jail time for a first time third degree shoplifting offense
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 25, 2024

No Jail time is not mandatory for a 1st time criminal offender for a 3rd degree shoplifting charge (means no other prior criminal charges not just shoplifting). Now that doesn't mean that you can't get jail time, its just not mandatory like it would be for a 2nd degree charge. That... View More

2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: I was arrested for contempt of court September 12,2023 then police charged me with a another contempt filed by plain tif

But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 16, 2024

We would need to see the documents to properly answer your question, but many times the arrest date is considered the date the complaint was filed. But you shouldn't be in contempt if you were never served with the order. Get yourself a lawyer a contempt charge is a serious criminal offense.

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