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Questions Answered by H. Scott Aalsberg
2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How to contest a fare evasion ticket with a valid pass not used?

I received my first fare evasion ticket on June 3, 2025. I have a valid pass, but I didn't use it at the time. How should I proceed with contesting this ticket?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 5, 2025

You contest this violation the same way you contest any other violation by calling the court and telling them you wish to plead not guilty and ask for a trial. Although I always suggest you send a confirming letter after the call saying this also. Now for your defense that depends on the fact of... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Consequences of 2C:14-4B(1) charge in New Jersey with no prior convictions

Do you go to jail for a 2C:14-4B(1) charge in New Jersey if you have no previous charges or convictions and have not yet been to court?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 3, 2025

The answer is never a simple yes or no as to whether you will go to jail as a first time offender. Everything depends on the facts of the case and the charges. Please know that charges can be upgraded as well as downgraded until you go to trial. Programs do exist that the prosecutor may agree... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for New Jersey on
Q: Can carrying pepper spray for self-defense lead to legal trouble in New Jersey?

I am frequently harassed and sometimes assaulted by strangers in supermarkets and stores in New Jersey. As a racially half black person with brown skin practicing Islam, although I don't wear a headscarf, I feel like people may be discriminating against me. I am considering wearing pepper... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2025

Yes you can get in trouble because remember the defense of self defense is not just based on what you feel at the time, but what a judge or jury after the fact will consider reasonable. In this state the best defense is always to withdraw from the situation if at all possible, this is not a stand... View More

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2 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: How to make an addendum to my will legally binding to involve both families in financial decisions?

I am working on my will for estate planning and want to make an addendum to the guardianship section. Currently, the will states that the guardian of our child has full power over financial decisions. I want to amend this so that both families are consulted in financial decisions pertaining to the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 14, 2025

To make sure something that is legally binding you go to a lawyer and even a lawyer can make mistakes but that is why they have malpractice insurance. If you want to make sure something is legally binding you will need to do the same thing a good lawyer would do which is to follow the rules set... View More

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5 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.

My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 13, 2025

Unfortunately, once someone tells anyone about a possible sexual assault at school, joke or not its going to be investigated by the county prosecutors office and the victim child will be seen by a social worker or psychologist to determine whether it really was a joke or not. Having done many of... View More

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2 Answers | Asked in Estate Planning for New Jersey on
Q: Cost for creating wills in NJ for a couple with a house, stocks, and 401(k)s.

I am interested in having wills created for both myself and my wife. We own a house located in New Jersey, have stocks, and 401(k)s. We also have four adult children who will be included in the will. What should we expect in terms of costs for creating these wills, considering our situation?

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 5, 2025

Good Question, but not an easy answer, a typical range would be $1000 to $5000.00 per person depending on your situation such as do you need a trust for the children, or grand children, Is the estate large enough where tax planning needs to take place and a real estate closing to transfer... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: Charged with possession but nothing found; search warrants not properly authorized.

I have been charged with possession of CDS, distribution, wandering, and possession on school grounds. However, nothing was found on me. During the process, the city police confiscated my girlfriend's car and executed a warrant to search my mother's home, but nothing was found at either... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 12, 2025

You need to do the only thing you can do when you are charged with a crime: hire a lawyer. The State feels its so important that you have a lawyer they will even pay for one for you, called the public defender if you make 125% or less of the poverty level. If you can afford a lawyer set up one... View More

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2 Answers | Asked in Probate for New Jersey on
Q: Can Letters of Administration for a $5M estate in NJ be issued without an attorney?

I am inquiring about the process of obtaining Letters of Administration for an estate in New Jersey, valued at over $5 million. The heirs, three siblings, agree to appoint one of them as the Administrator. Can this be done pro se, or is it necessary to have an attorney represent us?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 10, 2025

An administrator is appointed by the probate court / surrogates office based on who is the Executor of the Will. You don't pick one. If no will exists and you have 5 million dollar estate you have a gigantic problem. Either way you should have a lawyer.

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3 Answers | Asked in Business Law, Contracts, International Law and Employment Law for New Jersey on
Q: Lawsuit against me and LLC in NJ over alleged competition while employed abroad. Impact of non-compete?

I have received a lawsuit against me and my partnership LLC in New Jersey. The lawsuit involves my previous employment with a company registered in New Jersey, while I was physically working in a subsidiary in a foreign country. The accusations are related to damage to business and engaging in a... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 1, 2025

A lawyer would need to review the documents before giving you an specific answer, that being said the terms of service here don't allow us anyway to give specific legal advise to your situation. What I will say is if you are in violation of an agreement that you are a party to, the other party... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Consequences of pleading guilty to speeding and reckless driving in NJ; no past offenses.

I received a speeding ticket for driving 84 mph in a 50 mph zone, along with a reckless driving ticket. I want to plead guilty to the speeding charge, but I believe the reckless charge is unnecessary. This is my first offense, and I have no history of past tickets. My court date is in the first... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 25, 2025

The consequences are the same whether or not you have a past traffic ticket unless you have a second offense for reckless driving. Reckless driving is one of the few offenses with distinct penalties for first and second offenses. A good lawyer can definitely help you reduce or eliminate the... View More

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4 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can I get domestic violence charges dropped in NJ?

I am being charged with domestic violence after a dispute with my fiancé that escalated, and I am not entirely sure of the exact charges. There was one witness to the incident, and there have been previous instances where the police were called due to my fiancé acting out of control. My fiancé... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2025

The witness really complicates things, but the best way to make sure he gets the best result is to make sure both of you have attorneys. I know you may say only he needs an attorney but this is a false premise, as many people think the prosecutor represents the victim but they don't. The... View More

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3 Answers | Asked in Traffic Tickets and Appeals / Appellate Law for New Jersey on
Q: How to contest or reduce a $86 improper turn fine on CDL in NJ?

I unintentionally made an improper turn because I didn't see the sign while driving with my CDL license. There were some minor incidents involved. I haven't appealed the $86 fine yet, but I'm hoping to reduce it. This occurred in New Jersey. What steps can I take to contest the fine... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 17, 2025

You can contest a ticket two ways. 1) Do it yourself: Call the court and tell them you would like to plead not guilty and wish to have a trial or 2) you can hire a lawyer to do this for you and your lawyer will conduct the trial with you in your presence at court. Remember a good lawyer knows... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can I reduce my fine for an improper turn violation under section 39:4-123 in NJ?

I have a Commercial Driver's License (CDL), and I'm worried about the consequences of a fine I received for an improper right or left turn under section 39:4-123. I unintentionally made the turn because I didn't see the sign. Is there a possibility of reducing or lowering the fine?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 17, 2025

I would not worry about the fine its pennies compared to the cost of the 3 points on your CDL license that this ticket would give you. I would suggest hiring a good lawyer to try to eliminate those points. Most of us traffic ticket lawyers offer a free in office consultation, google one of us and... View More

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3 Answers | Asked in Contracts for New Jersey on
Q: Can a dentist charge me after I cancel a contract with no work done?

I signed a one-page dental contract with a dentist two weeks ago for extensive work costing thousands to repair one tooth, but I've changed my mind about proceeding. The contract had no stipulations, exit, or cancellation terms. I've made no payments so far. Can the dentist require me to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 16, 2025

An attorney would need to review the contract to tell you what your rights are, so the answer is maybe. If its a lot of money have a lawyer review the contract and get the proper answer before you pay. Sure a lawyer will charge you but it is probably a lot less than what the dentist is probably... View More

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2 Answers | Asked in Criminal Law, Contracts and Civil Litigation for New Jersey on
Q: Charges for toll violation and altered plate when not driving in NJ

I am the registered owner of a vehicle that crossed a toll with an altered license plate. I was not driving the car that day, and I do not have evidence to prove my absence. I have received official communication and charges related to the incident. I believe the license plate was altered without... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 16, 2025

You are responsible for any car registered under your name unless you have reported the car stolen prior to the incident. That being said you may still have a defense. These are serious charges, thus make sure you get a good lawyer that knows the defenses to this charge, or at a minimum a lawyer... View More

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3 Answers | Asked in Civil Rights and Civil Litigation for New Jersey on
Q: Received cease and desist for emailing ex about charity. What next?

I received a cease and desist letter from a lawyer on behalf of my ex-girlfriend for harassment due to emailing her four times regarding a charity donation. There was no prior warning that my communication was unwanted, but I am willing to cease all contact. I have blocked and removed her contact... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 15, 2025

Best to hire a lawyer to respond to the letter you don't want to admit to anything but you also want to make it known that you will comply. A lawyer can offer you the proper shield to make sure this is done properly, it may be expensive, but it will be cheaper in the long run to hire a good lawyer.

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1 Answer | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can a domestic violence case be dismissed when one party mistakenly admitted fault?

How can a domestic violence case be dismissed when one party mistakenly stated they hit the other party first during an altercation? There is a court date scheduled, but there have been no previous legal actions or arrests related to this situation.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 12, 2025

Basically if you admitted to the events of the crime, the only thing that will get your case dismissed is a good lawyer on your side and some good luck. For example, I have had many cases dismissed where my clients have admitted to the event in question, but my relationship with the court and... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What to do about a bench warrant for a missed court date in NJ?

I have a bench warrant in Edison, New Jersey due to a missed court date. What steps should I take to resolve this issue?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 10, 2025

If you have a bench warrant it means you have a serious case that you should have a lawyer representing you for. A lawyer can also ease the process of turning yourself in and may be able prevent you for being arrested at the time you turn yourself in. Most of us Criminal Lawyers offer a free in... View More

2 Answers | Asked in Agricultural Law, Divorce and Business Law for New Jersey on
Q: Is my spouse entitled to my inherited farm in NJ after 43 years of marriage?

I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 7, 2025

A lot depends on how long you have had it and whether you used marital assets to sustain the property or used estate assets. A judge will also look at the fact that the spouse did live on the property. I suggest you setup an in person consultation with a lawyer to determine what is most likely to... View More

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I accidentally parked in a handicapped space and got a ticket. Should I pay the fine or go to court and explain

I didn’t realize I was in a handicapped space. It was an honest mistake. Should I go to court and say this or just pay the fine?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 4, 2025

Most courts make this a mandatory court appearance since the judge will generally set the penalty and review your record to see if you have prior offenses. Without knowing these facts of your case an attorney can't tell you whether to pay it or go to court. What I can tell you is before... View More

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