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Questions Answered by H. Scott Aalsberg
1 Answer | Asked in Criminal Law and Communications Law for New Jersey on
Q: I was arrested on a bogus 911 call they have a warrant to see if anything on my phone was pinged back to me.

I have a restraining order on someone and they violated it using a text now number but the cops are trying to see if it gets pinged back to my phone

I received a summons when I was arrested last, if they were to find something on the phone would I be arrested again or would it go to court... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 4, 2023

Yes, generally if you have a restraining order against you and they find something to show you have contact with the victim, you would be arrested on a warrant and can even be held over until trial. Get a lawyer if you think they may find something, especially one good with hiring and using a... View More

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: What is probable cause for a cop to search your car and make you perform a field sobriety test

A cop pulled up behind me while i was sitting in my car talking to my girlfriend. He made me and my girlfriend get out of my car and wanted to search my car and made me perform a field sobriety test. He did not pull me over while i was driving, we had just gotten in the car and were about to leave... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 22, 2023

Each case is fact dependent, just because your car was on for over 3 minutes does give him the right to stop you as it is a violation of the law,but not the right to test you for a DWI, he would have needed some other articulable reason.

2 Answers | Asked in Car Accidents and Criminal Law for New Jersey on
Q: Hello, someone hit a parked car while pulling out and thought there was no damage. He now has a court appointment.

Hello,

Someone hits a parked car while pulling out of street parking and thought there was no damage on the other car. He just checked the car from rear mirror and left the scene.

A police officer called after a few days and said the car had camera and reported very minor damage.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 5, 2023

You better tell your friend to hire a good lawyer. Your friend is facing up to 30 days in jail and 6 months loss of his license and some fines. If convicted which it sounds like it would be easy for the state to do, due to the video evidence, these penalties are a real possibility without good... View More

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: What does the word operate mean in statue 39:4-50?

Someone advised me that the NJ AG made it clear that “operate” means in forward motion. Which from my understanding would exclude parked vehicles and vehicles running but not in motion.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 25, 2023

Even if the AG made this clear its up to a judge to determine and unfortunately the courts have made operation not just actual operation but go by whether the person had the ability to operate the vehicle in general. If your charged with a DWI or DUI get a good lawyer as the laws are against you... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If I’ve never had an offense before or been pulled over and got a ticket for texting a driving do i get points?

It was leaving my college in bumper to bumper traffic and i was on it for 2 seconds just to put in an adress, what do you think the court will give me

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 5, 2023

I don't know where that other lawyer got his information from. But its no points for a first or 2nd offense and a 3rd offense or more has 3 points. Here is what is says directly on the MVC website:

Use of a handheld cellphone or electronic communication device while driving:...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: I own a store(NJ) if I see someone shoplift can I legally lock the front door and detain them until the cops arrive.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 11, 2023

Per the terms of service of this website, we cannot give you specific legal advise on this website, so I will talk generally, you are allowed to make a citizens arrest when someone steals from your store, while you await for the police to come. just you better be right otherwise the shoplifter may... View More

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2 Answers | Asked in Estate Planning for New Jersey on
Q: We are interested in creating a Living Trust in NJ. Asset=House to 2 children, Bank accounts = to 2 children. What is t

Asset=House to 2 children, Bank accounts/annuity = to 2 children. What is the process/concerns. Would like to avoid probate. Or should we create a different document?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 9, 2023

Unless you are willing to give them all your assets now a living trust in NJ doesn't really accomplish avoiding probate in most cases in NJ. They are great outside of NJ, but not in NJ and thus the reason they are rarely used in NJ. Other process's however may accomplish your goals.... View More

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I have a third time moving violation, using my cell phone while driving. Will my license be suspended? NJ

I was trying to recalibrate my Google maps. Phone was being weird and just as I made the decision to pull over, I got pulled over. I cannot lose my license - I’ll take points and paying a fine but I don’t have the option to lose my license right now…

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 21, 2023

The judge always has the final say in what your sentence will be But you are facing with a 3rd or Greater Offense: Fine of Not Less than $600.00 or more than $800.00 plus up to 90 Days Drivers License Suspension and 3 Motor Vehicle Points. The key word is up to and thus the reason must people hire... View More

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Should I attend the virtual hearing myself or hire a lawyer?

The ticket was careless driving. I hit a railing and my friend was injured. Now I am contacting my insurance company. I don't know what this hearing is about. If I say something wrong at the hearing, will I take all the responsibility for this accident and then the insurance will not pay the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 17, 2023

I always recommend that anyone that has a ticket with a mandatory court appearance hire a lawyer as you face up to 15 days in jail and up to a $200.00 fine. Now although the jail part is not likely to happen in most cases, it could in your case as someone is claiming an injury in your case. If... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there a time frame or deadline for how much time a prosecutor has to formally indict someone on criminal charges?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 2, 2023

The answer is the time depends on the crime committed and the prosecutor does not necessarily have to indicte you to charge you with a crime. If you think you may be charged with a crime speak with a lawyer, if you are already charged most attorneys offer a free in office consultation if you... View More

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 28, 2023

The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: What does an intake conference mean in Mercer county courts

I found a wallet and mailed it back to its rightful owner and now I’m being charged with theft I have to go to court for an intake conference.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 8, 2023

More information would be needed to advise you which you probably don't have but could be accessed thru the courts to properly answer your question. But it sounds like you have been charged with theft. The right thing to do with the wallet was to immediately give it to the police,... View More

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is it ok to ask a prosecutor to get my tickets move to another district if I feel the town may be racist?

Officer saw my good record and pleasantly came over and gave me 3 tickets for speeding. Unlawful operation and not obeying. Signs . He basically said I was speeding 3 different ways. After he complimented me for having no points

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 3, 2023

It never hurts to ask but it probably won't be done without some type of proof, just getting 3 tickets for the same offense is not that uncommon these days as cops tend to write more tickets as everything today is videoed. You may want to request that video.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was driving from Atlantic City.Officer gave me 3 tickets. Speeding/unlawful operation/ endangering people or property?

Pleasant interaction I had no points/ had all my credentials/ why so may tickets for the one offense. Then told me to plea not guilty in court and fight it. Why pleasantly give me 3 tickets to tell me to go plead guilty. Why give me so many tickets in the first place.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 1, 2023

Unlike in the past now that most interactions with police are recorded it is rare to get a warning and not a ticket if you committed the offense as they don't want to seem like they are giving one person and a ticket and not another. In your case if the officer has you on video violating 3... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: I currently have multiple active warrants from multiple departments for felony criminal charges. What should I do next

I'm currently wanted for alleged motor vehicle theft, car jacking, theft, etc in NJ. I also have a current probation violation out of pa, as well as on going felony court proceedings in New Hampshire. I know I can't run forever and the longer I do the worse it gets. The Pa warrant is a... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 29, 2022

If you truly want to take care of this you need to hire lawyers in each state and then follow their advise on how to turn yourself in to make this easiest as possible. The charges as you know won't go away and if you get found before turning yourself in that always looks worse as turning... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What does it mean when my civil case is going to court before my criminal case?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 26, 2022

The answer would depend on what the cases are about such is it a restraining order in civil court but an assault charge in criminal court, or it could be a restitution case in civil case for taking merchandise and a shoplifting charge in criminal court. See the problem everything depends on what... View More

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: First offense parked at a handicapped parking space? How much is the fine?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 18, 2022

It Depends, but in General, if you are charged with 39:4-197 a first offense is punishable with a fine of $250 and subsequent offense generally has a fine of at least $250 and up to 90 days of community service and you will generally get that community service in most courts.

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for New Jersey on
Q: Theft of Services? Customer wrongfully disputed credit card charge

We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 16, 2022

First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... View More

1 Answer | Asked in Civil Rights, DUI / DWI and Identity Theft for New Jersey on
Q: Someone used my name and identity during a police call and arrest for CDS and DWI. What type of lawyer should I seek?

Criminal Identity Theft

Defamation

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 15, 2022

To fight the DWI you will need a DWI lawyer. When you find out who used your name you will need a civil litigation lawyer to sue that person. Most of us DWI lawyers offer a free in office consultation during normal business hours.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: A state trooper pulled my son over in a single lane with a double line, when the state trooper did not have his light on

The trooper did not have his lights on and was pulled onto the shoulder and gave my son a ticket for failing to change lanes for emergency vehicle. He stated my son had a big truck and if someone was on the side of the road fixing their tire he would’ve hit them. My son states he was only... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 10, 2022

Yes you can fight any ticket and no a cop does not have to have a light on to track you or pull you over in the State of New Jersey. As for your question about your ticket we would need to know the summons number to properly answer your question but in generally failure to pull over to an... View More

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