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Questions Answered by H. Scott Aalsberg Esq.
1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Is it okay for an 18 year old girl to be dating a 15 year old boy in New Jersey?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 3, 2020

Sex does not matter, age matters and if this gets sexual in any way it could be considered endangering a welfare of a minor.

1 Answer | Asked in Criminal Law for New Jersey on
Q: My cousin just went in jail, the charges are 2C:39-4D, 2C:39-5D,2C:5-1.A1 and 2C:11-3a(1) class 1D?

How long he can stay in jail bc of those charges?

how much will it cost for a lawyer to defend him according to these penalties?

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

Without knowing more information I would have to defer to the standard answer which is he will probably be doing a stint in jail if convicted because it's mandatory on these charges. I suggest hiring a good lawyer to see what if anything can be done to win or reduce the charge.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was convicted of offical misconduct in the 3rd degree in 1985. Is this a felony or a misdemeanor?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 29, 2020

New Jersey does not have felony or misdemeanor classifications, but other states would consider it a felony as you faced 3 to 5 years in jail for a third degree crime and most states consider a felony anything over 6 months possible jail.

3 Answers | Asked in Contracts, Divorce and Family Law for New Jersey on
Q: In a premarital agreement, can you make a specific clause that only takes effect if one of the parties files for divorc
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 29, 2020

Yes it can be done but just like anything else it needs to be properly drafted. I suggest hiring a good lawyer to represent you and if the other party isn't represented make sure they have a lawyer on their side as that is how most of these prenuptial Agreements are invalidated.

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3 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How much does the average attorney charge to appear and represent in a civil court matter?

I have a civil case court matter coming up and I need help with representation.

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

Depends on the quality of attorney you choose. You can spend anywhere from $200 to $2,000+ per hour. Generally you will pay more for a better attorney just like everything else in life.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Is it legal to have a small LED light bar that emits a white light mounted on your windshield?

It is a small LED dash bar light with only a white light that has a variety of different strobe patterns that is used merely for photoshoots and car shows as I own a car that I often take to car shows and photoshoots. Can I have it mounted on my windshield (without turning it on) and drive on a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 28, 2020

You're not allowed to put anything on your front windshield that could obstruct your view even a air freshener is considered to do this so the light would be even worse.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi my husband was very drunk an in a bar fight in which, him and the other guy was arguing at first for about an hour or

2 the guy walked in back of him and my husband sort of back kicked him but did not make contact he turne to look at the guy and the guy repeadly punched my husband in his face and head , his neck fracturing his nose fracturing his cheekbone 2 black eyes swollen on whole face needless to say the guy... Read more »

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

Yes you can ask the police or prosecutor to file charges, but he would have a good defense which is self defense since he did not make the first contact.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Does an expungement in NJ clear or seal my only arrest for simple assault that was dismissed in court?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 24, 2020

It seals your record from certain parties such as the general public but law enforcement the courts etc and certain governmental agencies can still see it. Sometimes it is actually better on your record to keep the dismissal rather than expunge as this shows your dismissal and you can still get... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Am I obligated to pay public defender fees from 17 years ago if there was no crime committed to warrant such fees?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 24, 2020

Public defenders are not free in NJ so in general if you used the PD you need to pay.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Do you sever jail time for criminal mischief 2C:17-3A(1) if the person never had a criminal record in his life.

It was smashing a front door window at another family house. The person suffers with mental problems since the year 2000.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 23, 2020

Yes a conviction for criminal mischief could subject the offender to a period of jail time even if a first time offender, BUT many defense exist especially for first time offenders to avoid jail time. If charged make sure that person has a good lawyer, most of us criminal defense lawyers offer a... Read more »

1 Answer | Asked in Contracts for New Jersey on
Q: Does a city declaring a state of emergency override an existing contract ie overtime compensation between police & city
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 19, 2020

Maybe I guess that would be a question for the court to be litigated. But my inkling would be to say yes if you are considered an essential employee which police and fire are generally definitely considered as such.

1 Answer | Asked in Business Law for New Jersey on
Q: I want to ask about the "Force Majeure" clause in my lease.

I am a restaurant owner and my restaurant is located in a mall of Jersey City, NJ. There is a huge impact for my business due to the Coronavirus outbreak. Especially, striating 3/12, the mall has a close order by the local governor. Currently, the mall is still close. And we already paid for this... Read more »

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

An Attorney would need to read and review your lease to see if you were able to avoid paying rent or even get a reduction. Generally the clause protects the landlord.

2 Answers | Asked in Criminal Law for New Jersey on
Q: 2C:33-12A my son got a summons with this code for setting off fireworks the neighbors thought were gun shots.

Should I get a lawyer? If I don't get a lawyer besides the fine is there a major charge on his record he can get?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 16, 2020

Generally if no prostitution is involved etc, it is a disorderly persons offense which comes with a criminal record, up to 180 days in jail, fines and probation. Thus yes, I suggest hiring a good lawyer.

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1 Answer | Asked in Contracts, Criminal Law and Workers' Compensation for New Jersey on
Q: What type of lawyer do i need?

I reside in NJ where but i was doing work in NY, where a county specific license was required to do home improvement. I have a court date and i need to know what kind of lawyer i should find. I didn't qualify for a public defender.

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

You will probably need a New York criminal lawyer if the case is in New York. Speak with one to find out.

1 Answer | Asked in Probate for New Jersey on
Q: Hi, I need some help and would really appreciate it. My grandfather who I have had no contact with has just passed.

He passed in Puerto Rico and I live in New Jersey and his son has recently contacted me asking me to send him my original birth certificate but no other information. He hasn’t told me if there is a will or not. What should I do?

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

You should probably hire a lawyer in Puerto Rico where he died. As it appears that he live there as that's where the will would have been written most likely.

2 Answers | Asked in Criminal Law for New Jersey on
Q: What can happen to me when I go to court 2c:35-10A(1) Posses of Crystal Rock Meth
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 8, 2020

In general. Its a third degree offense so you could go to jail for 3 to 5 years. Thus I suggest hiring a good lawyer. Most of us criminal defense attorneys offer a free in office consultation. I would suggest that you set one up so we can look at your charges and determine exactly what you're... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: threatened by a neighbor for soliciting because I was in my car parked in the parking lot that I pay for. is this legal?

Wasnt doing anything except sitting in my car with my friends talking. he pulls up says he took pictures of our plates and is gonna call the cops on us for soliciting.

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

That doesn't sound like a crime to me however if charged get yourself a good lawyer.

1 Answer | Asked in Criminal Law and Identity Theft for New Jersey on
Q: A caregiver stole money from my mentally ill niece & she needs an attorney pro bono

Cash was stolen from her safety deposit box by a caregiver while my niece left the area to see a teller

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 7, 2020

She needs to go to the police and report the crime so the caregiver is arrested.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was charged with shoplifting on 3/4/20. I was charged for two separate incidents. I have the same charge in1998

So now that is the 3rd charge now. I am on permanent SSD due to the fact that I have major medical and mental health issues.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 7, 2020

Unfortunately the passage of 32 years does not matter when computing how many priors you have. Thus 1988 will count as your first offense and now you have a 2nd and 3rd offense. A third offense shoplifting charge carries with it a mandatory 180 days in jail (assuming the amounts for the third... Read more »

2 Answers | Asked in Estate Planning for New Jersey on
Q: I was named in my mother's will along with 4 siblings. Can I choose to give up my share of the inheritance to one of my

Sisters or will giving it up just put my share back in the "pot" to be distributed among all 4 siblings?

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

The simple answer is an attorney would need to review the will. But you can also give this person the money once you get it, but the taxes may be a problem.

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