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Questions Answered by H. Scott Aalsberg Esq.
1 Answer | Asked in Criminal Law for New Jersey on
Q: Do I have the rights to be sentence in person rather than zoom video call by the judge
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 14, 2020

Very good question you should read the Omnibus orders that the Supreme Court has handed down for what you can and cannot do. Since we know nothing about your case it would be improper to advise you otherwise. If you have a lawyer best to ask him or her as they know your case..

1 Answer | Asked in Criminal Law, Employment Law, Federal Crimes and Sexual Harassment for New Jersey on
Q: Is there a Statute of limitations in NJ for sexual assault? Can I stay anonymous? This person was just publicized.

This happened at a place of employment.

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

Yes a statute of limitations does exist both for the criminal charges and the civil charges. Speak with a lawyer if you have been assaulted you may be entitled to a large recovery for your injuries.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: How long does a temporary refrain from order lasts?

My ex girlfriend (children's mother) assaulted me and was given a temporary refrain from order by criminal city court. We have two children together.

She was just served 4 days ago. Honestly, I want her off that order, its divided her from our children.

I forgive her for her... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 13, 2020

It lasts until either the court issues a final order or dismisses the case. Thus you will have to wait until your day in court. I suggest she hires a lawyer to give her the best chance of a dismissal.

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2 Answers | Asked in Divorce, Immigration Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How do I find an attorney in New Jersey when I'm not sure which type to look for as my issue overlaps specialties?

I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 8, 2020

A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can you be ticketed the day after an alleged offence of being a public nuisance and having an open container in street

The police showed up and gave my neighbor those tickets today but it was yesterday. Also, the police office called him over from his own yard and asked him to step into the street to speak to him and he did but was holding an alcoholic beverage at the time

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

Depends on the offense of what he was charged with on how long the police have to issue a violation. Some violation have as little as 30 days to be issued some have up to 5 years. Speak with a lawyer to determine what the statute of limitations is on your violation.

4 Answers | Asked in Car Accidents, Personal Injury and Small Claims for New Jersey on
Q: When I was under the car, One of scissors jack suddenly broke down and my car came down on my arm.

When I was under my car, one of scissors jack suddenly broke down and my car came down on my arm. I got injured I can barely move my arm. Do you think I can sue this scissors jack company? If so, do I need a police report and receipt when I purchased?

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

Yes you can sue the scissor jack company. First get medical attention and make sure you tell them how you injured your arm. Then, Immediately contact a good lawyer.

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3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Would prosecutors have been allowed to bring criminal charges against the priest?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 5, 2020

Just because you are priest does not mean that your above the law thus yes a priest can be charged with a crime.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: How can I get more information on a case
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 3, 2020

If your looking for more than public records it would depend on how you are related to the case.

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1 Answer | Asked in Contracts for New Jersey on
Q: Hello: I am looking for some advice on crafting a letter for my son to sign, see more information

Hello: I am looking for a letter that I need my son to sign in exchange for $20,000.00. We bought him a house five years ago and he wanted another place and I financed it for him. He wants to stay at the other property but wants 20,000.00. I am willing to give it to him but I want him to sign a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 2, 2020

It would not be called a letter it would be a contract/agreement. Contact a good lawyer to get this done for you.

2 Answers | Asked in Contracts for New Jersey on
Q: Need a letter

Hello: I am looking for a letter that I need my son to sign in exchange for $20,000.00. We bought him a house five years ago and he wanted another place and I financed it for him. He wants to stay at the other property but wants 20,000.00. I am willing to give it to him but I want him to sign a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 1, 2020

You don't need a letter, but an agreement/signed contract to get what you want.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: My traffic court date has been changed 3 times. Since then I moved to NJ and need to change my license for work. Can I?

I got the ticket back in September 2019 and the date was scheduled for February 2020, due to the pandemic it got changed to March and then July and now January 2021. I need to change my NY license to an NJ since I moved here back in March. I’ve tried to plead guilty online and pay the fine but my... Read more »

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

You need to call the MVC to check, but as long as you don't have a warrant it should not cause a problem in getting your license in NJ

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2 Answers | Asked in Car Accidents for New Jersey on
Q: Is my employer liable if my car window was damaged by a ball while parked in the employee lot during my school work day?

My car was parked in the employee lot at the school where I work. After school was done for students, but I was still working, my car window was broken by students playing on the ball field next to the parking lot. My insurance covered all but my 100.00 deductible. I put in a claim through the... Read more »

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

We are not supposed to give you specific legal advise on this site, but I would tend to agree with the insurance company.

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2 Answers | Asked in Criminal Law and Identity Theft for New Jersey on
Q: Hello I live in condominium. I was taking out my garbage and this lady was recording from her condo. I live in NJ.

Is this legal? And what should I do? I feel like my privacy was affected by this? What legal steps should I take? The garbage container is right in front of my house and she lives across the street.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 29, 2020

As long as you are outside and she is not on your property trespassing, she can record whatever she likes, just like everyone who records police officers today.

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1 Answer | Asked in Contracts for New Jersey on
Q: I signed a computer service contract online. Does NJ give me the right to cancel within 5 days?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 28, 2020

The answer depends a lawyer would need to read the contract, but 5 days is a long time to allow for rescission.

2 Answers | Asked in Probate for New Jersey on
Q: My brother passed away and had no will his kids made me administrator of the estate. How do I split the home

His son was living with him and wants to stay in the house. His Half sister says it’s ok but when he sells she wants half. How do I set that up? There are no other assets so how do I pay off his debts and end my responsibilities As administrator?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 27, 2020

You need to have a lawyer write up a new deed and agreement.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can 3rd degree official misconduct charge be downgraded after probation in NJ
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 25, 2020

If you already got probation that means that you plead guilty. Once you plead guilty you cannot then have your charges downgraded.

1 Answer | Asked in Consumer Law and Criminal Law for New Jersey on
Q: Is it legal to purchase paystubs and use them for renting
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 22, 2020

It could be considered fraud among other possible crimes. Never try to trick someone when they are giving you something of value in this case a rental agreement lets say.

1 Answer | Asked in Criminal Law for New Jersey on
Q: recently got into a fight with a delivery driver who was on a delivery i was wondering if i could get any extra charges

i had previously tried to fight him before he’s also 22 and i’m 17

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 19, 2020

Generally its the same as hitting any other person, but that can depend such as hitting a postal worker can be a federal offense which of course is much worse than a state offense.

2 Answers | Asked in Probate for New Jersey on
Q: Can a lawyer use incorrect information to justify a client's self dealing?

Estate executor used dealer "trade in" value as the basis for purchasing a vehicle for 7K that she had previously valued at 10-15K. Lawyer claims that because a dealer wrote a note claiming this is trade in value, it is now an appraisal that represents fair market value. I think there... Read more »

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

It doesn't sound like self-dealing in regards to the facts given however you can always let a lawyer look into the case. It is common for cars to be sold at the trade-in value rather than the private party or retail value.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was driving my dads car and he got summoned to court for something I did because the car is under his name

Does he have to appear to court even though it had nothing to do with him or can I appear because I was operating the vehicle .

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

If the summons is in his name he needs to go to court, but if you want to give him a good defense you will go with him and you both will have a lawyer if it is a serious ticket. I suggest that you set up one of the free in office consultations that must of us traffic ticket lawyers offer.

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