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Questions Answered by H. Scott Aalsberg Esq.
2 Answers | Asked in Estate Planning for New Jersey on
Q: If you go to law school and pass the bar without being sworn in are you a lawyer

if somebody goes to law school and earned the J.D, they took the bar exam which they passed But not sworn in Due to the criminal past they had does that make them a lawyer still? Or just a higher educated paralegal? Someone I know claimes they can still practice as a lawyer even though they... Read more »

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

If you are not sworn in you cannot practice law in New Jersey

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: “Registration suspended” and “registration expired” both are same?

Regarding the paperwork, i renewed my registration before attending the court.But still judge asked me to comeback

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

The offense is for what your registration was on that day pu were ticketed. It does not matter to the offense that you fixed it. However the fact that it is no longer expired or suspended can help your attorney get you a better results. I would suggest hiring a good attorney as the penalties even... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled by a cop for expired registration of my car.Gave a ticket as “Driving after registration suspended/revoked

And asked me to go to court.Attended the court but the judge asked me to return for next court hearing.Any idea about this

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

Yes it's because it has a consequence of magnitude where on a first offense you looking at a six-month loss of license the second offense 6 months loss of license and up the five days in jail and a third offense 10 to 90 days in jail

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Am I eligible for drug court in NJ if I have a disorderly persons charge?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 23, 2020

Depends on your current charge, but most people fail out of drug court so you should speak with a lawyer to see if you have any defenses to your case.

1 Answer | Asked in Criminal Law for New Jersey on
Q: What are the legal definitions of purse, pursuit, pursued, and chase?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

A legal dictionary would probably give you the best answer

1 Answer | Asked in Criminal Law for New Jersey on
Q: If you stop for a traffic stop, and you don't remain stopped, does it mean you never stopped?

The officer was allegedly assaulting the defendant, which is why he left. Does that still mean he never stopped?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

Actually a judge or jury would probably consider it worse because you knew you were supposed to remain stopped where is someone else may have thought the police were chasing someone else.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Does eluding by it's very nature involve motor vehicle pursuit?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

Not necessarily but I suggest you set up a consultation with a lawyer so he can properly evaluate your case

1 Answer | Asked in Traffic Tickets and Criminal Law for New Jersey on
Q: After stopping car for PD defendant fled in car prior to completion of traffic stop. Is this "failure to stop?"
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

More information is needed to properly answer your question however it definitely sounds like eluding a police officer.

2 Answers | Asked in Criminal Law for New Jersey on
Q: If during a traffic stop a cop smells marijuana can they pull you out your car and search it without consent from me?

Also can the cop search my trunk which is considered a lock compartment without a warrant?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

Yes smell is enough for a search but that doesn't mean you don't have other better defenses. Set up one of the free in office consultations that most of us criminal lawyers offer.

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: If someone uses another persons Facebook messenger to send money to themselves with a stolen credit card linked to acc

Someone stole a credit card and linked it to their Facebook messenger for Facebook payment then another person logged into their Facebook messenger and sent themselves money to their Facebook messenger

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 20, 2020

This is a crime go to the police.

1 Answer | Asked in Criminal Law for New Jersey on
Q: If a person is convicted in New Jersey and Connecticut, can that person get an extended term for both convictions?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 16, 2020

Don't know about Connecticut but it's possible in New Jersey based on your prior record

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Do the same penalties apply if you never had a driver's license?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 15, 2020

We would need to know the offense you were charged with to properly answer your question.

1 Answer | Asked in Criminal Law for New Jersey on
Q: if trying to reduce the charge from 2c:14-4A what would a lesser offense be?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 14, 2020

The answer depends on the degree of your lewdness charge for there is a fourth degree or disorderly persons offense. Either way get a good lawyer to make sure you get the lowest possible sentence and stay out of jail.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: A few months ago, I received a ticket for not stopping for stop sign. However, I know I stop. My case is tomorrow.

I asked for the video and it only show me the police stopping me and does not show me and the stop sign.

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

Unfortunately that's the way most videos work they don't start until the officer turns on his lights which is generally after the violation has occurred. If they video to everything it would be almost impossible to store all the data at a reasonable cost

1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: How to find a Attorney who will protect the rights of a patient who is handicapped in ICU and misdiagnosis and care

My son has been in two hospitals for a total of three months. He is handicapped mentally and delayed. The doctors still can not diagnosis the reasons for his fever spikes. He has gone on a downward medical path. He acquired a collapsed lung, 3 pneumonia, bed sores and with all the testing the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 11, 2020

You need to call around and attorney cannot call you as that is called solicitation. That being said the best part of the case is probably the bed sores or non/mis diagnosis. Bed sores should never occur in a patient that cannot move themselves. Generally bed sores occur because of the following... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: If I’m a constant delivery driver would I have to find parking instead of double parking in front of my deliveryLocation

I work for Instacart a grocery delivery company. I was doing a grocery delivery and double parked in front of the customers house right after I was done I went back to my car and sat down to set my gps while I was doing that’s cop came and put his lights on I didn’t know what he meant by... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 9, 2020

Yes it is illegal to double park you must find a legal space.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: How do I have a court date without getting pulled over or given a ticket for failure to yielding to an emergency vehicle

I live in NJ. I just received letters in the mail dated from 3 different law firms asking if I needed legal representation for failing to yield to an emergency vehicle. The issue is... I never was stopped by anyone nor was I given a ticket. The letters are dated 1/6/2020 and mentions that the... Read more »

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

First it is a public record when you get a ticket. Second you don't need to be pulled over to get a ticket they can be mailed to you. Thus I suggest you call the court in the morning and see if they mailed you a ticket and if so hire one if us lawyer's.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I ask for a lawyer before going in for questioning at the station?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 7, 2020

You can always ask for anything, just like you can ask them for a new car, but they will not give you a lawyer, until you are charged and appear in court and then you only get a free lawyer if you cannot afford one, which is generally defined as making 125% or less of the poverty level. That is... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Police called me to come to station for questioning regarding a theft incident do I have to go? And without a lawyer???
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 7, 2020

You do not have to go unless they have a warrant for your arrest, but it may be your only want to prove your innocence if you are innocent. Either way you need to hire a good lawyer theft is a serious criminal offense, which can lead to jail time and a criminal record. I suggest that you set up a... Read more »

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3 Answers | Asked in Criminal Law and Small Claims for New Jersey on
Q: I have court in 3 days for a summons of 50 grams or less of marijuana . It was 1G to be exact . I have a medical card

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H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 6, 2020

Everything is up to the judge and prosecutor but a medical marijuana card only helps you if you had it prior to your arrest. That's why I suggest you hire a good lawyer to try to avoid the loss of license criminal record possible jail and fines you face.

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