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Questions Answered by H. Scott Aalsberg
3 Answers | Asked in Car Accidents for New Jersey on
Q: Jan this year a water sewer truck hit my parked Pathfinder and damaged my whole right front. How do I get my truck fixed
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 23, 2024

You have three choices you either 1) contact their insurane company and see if they will pay. 2) file a lawsuit yourself or 2) hire a lawyer to try to recover your property damage. The problem is a good lawyer may cost more than the damage is worth. Please remember you must do this quickly as... View More

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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there definitely jail time for a first time third degree shoplifting offense
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 25, 2024

No Jail time is not mandatory for a 1st time criminal offender for a 3rd degree shoplifting charge (means no other prior criminal charges not just shoplifting). Now that doesn't mean that you can't get jail time, its just not mandatory like it would be for a 2nd degree charge. That... View More

2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: I was arrested for contempt of court September 12,2023 then police charged me with a another contempt filed by plain tif

But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 16, 2024

We would need to see the documents to properly answer your question, but many times the arrest date is considered the date the complaint was filed. But you shouldn't be in contempt if you were never served with the order. Get yourself a lawyer a contempt charge is a serious criminal offense.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I made a left turn into school at night. Affected by headlight glare and drove onto lawn and got 4 tickets in nj

I have very good driving records. My last traffic violation was 3 years ago. My car stuck in snow outside of driveway.

39:4-71 improper driving on sidewalk

39:4-123 improper right or left turn

39:4-97 careless driving

19.9-1.17 careless driving no personal injury... View More

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

No its not unusal to get more than one ticket if you performed more than one violation of the law. Thus you can be speeding and get a ticket for unsafe lane change and careless driviing at the same time. Now for your case the 2 careless driving tickets is a little circumspect but again we would... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: If the cops bring a dog to sniff your car, is that probable cause for them to go in the car?

I was arrested for pills I wasn’t in my vehicle. But they took my car I went to jail got released and 3weeks later they put a warrant out for my arrest. But I still go to probation. And when I called the public defender office to get information on the warrant but they said it’s not in the... View More

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

Yes in general the positive sniff by the dog would give them probable cause to search your vehicle, but everything is fact dependent and your lawyer would need to review the discovery to give you a certain answer so speak with and hire a lawyer if you are charged or think you will be charged.... View More

1 Answer | Asked in Probate for New Jersey on
Q: Hello My ex husband passed away in September and he had several insurance from work. Who can I contact at his job?

I have his children and he gave me papperwork for once insurance but the others were signed 20 years ago and he didn't have time to change info so I wanted to know if I am able to use a text message he gave me stating that everything he has belong to the girls and I, so I can claim?... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 2, 2023

Sounds like you will need to hire a probate lawyer to get what you want if the family is not cooperating. The main person you need to speak to is the executor of his will. You can find this out by going to the provate court yourself. As for insurance you can call the insurance company and see if... View More

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for New Jersey on
Q: In New Jersey, when is a pedestrian crossing a roadway?

Does the right of way begin when the pedestrian is standing on the corner waiting to cross or when they have stepped into the crosswalk? My question is because I received 'Pedestrian - Failure to Yield - Right of Way' ticket. In this instance the pedestrian was standing on the sidewalk,... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 11, 2023

Logically it would be when the person steps onto the road, the reality in court is generally different, thus it is when the person steps onto that pad that is right before the actual start of the road according to most judges. If charged get yourself a lawyer most of the time we can help you... View More

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

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