Lawyers, Answer Questions  & Get Points Log In
Questions Answered by H. Scott Aalsberg Esq.
2 Answers | Asked in Criminal Law for New Jersey on
Q: If you bought a air rifle/pistol from pa not knowing you had to get it registered for New Jersey where you live

I have a nj firearms permit but not for the air powered gun/ pistol

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 25, 2022

You did not ask a question, but if your question is what are the procedures for licensing you can check out the NJ State Police Website and look under Firearms Information and Firearms FAQS

View More Answers

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I am 88 yrs and my wife 83 yrs do not have the strength to open and close the large windows in our rental. Is there solu
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 23, 2022

This is a question for a handyman not a lawyer, as maybe a motor to open them can be installed or maybe the window just needs some lubrication such as WD-40?

2 Answers | Asked in Estate Planning and Elder Law for New Jersey on
Q: What is the benefits or disadvantages of will compared to a trust

My mom is 90 years old and she has a will. I keep on telling her I think she should get a trust, I think it’s called a living trust. She has six children and everything is to be divided equally. Is a will sufficient

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 16, 2022

The honest answer is that a good Will is all the most people need. Why? A properly drafted living trust generally costs several times what a Will generally costs upfront and over your lifetime. Thus, the reason you will see most poor and middle class people use Wills and many of the Rich will... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Warrant due to missing court date,unaware . Ticket for “no registration “ but I had went to DMV have paperwork.

This is from 2 yrs ago. I called once I received the warrant and new court date. I called the township it sent the warrant to she told me can Monday morning due to weekend.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 14, 2022

Tickets don't just go away and eventually if you don't pay them they turn into a warrant or a suspension of your drivers license or both. You can pay the warrant any time at any NJ police station, BUT if you want to pay it at the court you have to wait to do this during the weekday. The... Read more »

View More Answers

3 Answers | Asked in Criminal Law for New Jersey on
Q: Can I drop a investigation for b & e

I had a family member Break into my home and steel stuff I called the police but know I don’t want the police to further investigate But I am scared of police Retaliation because I’ve had bad experiences

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 10, 2022

You can't drop a police investigation, what you can do is tell them its a mistake if it was, but if they find that you are or did lie to a law enforcement officer you can get in trouble. I suggest that you setup a consultation with an experienced criminal lawyer to determine your best options... Read more »

View More Answers

1 Answer | Asked in Probate for New Jersey on
Q: If my (now-deceased) mother has a will, but her estate is worth less than 10K, can we do "small probate."
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 8, 2022

You don't have to worry about doing small probate because she died with the will, just have executor file the will with the local county probate office. Luckily when you die having a will the probate process is much easier, even a simpler procedure than with "small probate". Using... Read more »

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Re nj 39:4-81 1. What a good defense can be for this offense? 2. What is the minimum and maximum fine?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 5, 2022

The best defense to any ticket is to hire a good lawyer.

The second best is to prove someone else was driving your car.

In general the maximum fine is $200.00 plus court costs and 2 points. That being said: Under NJSA: 39:5-31: A judge may suspend the driving privileges of...
Read more »

View More Answers

1 Answer | Asked in Criminal Law and White Collar Crime for New Jersey on
Q: New Jersey Law-Property (corporate documents) & Theft of Property. Potential plaintiff Civil Complaint US Dist. NJ.

Possible plaintiff litigation: Civil Complaint of Theft of property (misappropriated corporate documents that include confidential R&D data, methods, procedures, formulars et. and life science data developed under DOD grant and contract) and Conversion (concealed) by former company consultants... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 4, 2022

With those type of allegations, I would suggest that you setup a consultation with a good lawyer.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got this ticket for driving a small commercial van for my work, what can I do? I have a type D license, New Jersey.

I'm afraid of losing my license or my job

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 3, 2022

Then if your worried about losing your job spend the big bucks and hire a good traffic ticket lawyer. Most of us traffic ticket lawyers offer a free in office consultation where you will learn how we can help you to eliminate points, penalties and even in many cases reduce the fines for the... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a traffic ticket for failing to provide updated insurance card. my ticket was dismissed by the judge.

Did I receive points on my license even though the ticket was dismissed?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 3, 2022

When a ticket is dismissed in NJ you don't get any points.

View More Answers

3 Answers | Asked in Criminal Law for New Jersey on
Q: Hi if someone sold some drugs when they were 14 4 years ago is there any possibility they get arrested for it
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 1, 2022

Its still possible to get arrested, but the longer you go the less likely you will be arrested for it. Generally the statute of limitations for most criminal drug charges is either 1 or 5 years depending on the charge.

View More Answers

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Interlock device removal after 90 days, interlock says there is running violation , no BAC offence ,

There is no Alcohol violation, and the car was under maintenance which interlock was notified. Interlock has very clearly stated that during the maintenance date running violation is not taken in account , Interlock has sent non-compliance report to MVC

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 1, 2022

Sounds like your going to have to go to court on this one. Your original lawyer may be the cheapest route on this one as he already knows your case, but you can always hire a new one.

2 Answers | Asked in Criminal Law for New Jersey on
Q: How long will a FIRST TIME offender get in jail for 2C:39-4D

Kitchen knife was the weapon of choice.( domestic violence)

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 27, 2022

This is generally charged as a second degree crime thus the offender faces 5 to 10 years in jail with a presumption in the law that the person will go to jail. This is especially true for domestic violence cases. A good lawyer should be able to help you reduce or eliminate this jail time if your... Read more »

View More Answers

4 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can a ticket be issued (no insurance card) without a traffic stop in the State of NJ.

court notice was received for appearance for no insurance card. There was never a traffic stop. It appears that someone reported a hit and run with my car two-three months prior and this is how they were contacting me by issuing a ticket?? It just doesn't sound right. The ticket date does... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 27, 2022

Definitely get yourself a lawyer because if you end up getting charged with no insurance you could face loss of your license to drive.

View More Answers

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: i got a ticket

littering from a moving vehicle

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 27, 2022

This is a common ticket but you failed to ask a question about it.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Got a license plate light out ticket in New Jersey on a Saturday night then got stopped 2 more times going home for the

Same violation is this legal?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 24, 2022

As long as you only get one ticket in the town its was legal as each town you went thru another town its definitely a separate violations.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Traffic ticket for small idol on dashboard

I am in NJ and was issued a ticket today under statue 39:3-74 - I have a small idol of a deity on the dashboard of my car

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 21, 2022

I suggest that you pay it as even if you had a defense, which you did not present in your question. Your not allowed to have anything that blocks the view of the windshield in front of you in your car.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Car was parked. I got driving after dl was revoked 39:3-40 and no liability insurance 39:6B-2 and 2 other tickets.

Can I possibly get the 39:3-40 thrown out because I obviously wasn't driving? As for the 39:6B-2 since NJ cops can't see your insurance info can I get this one thrown out because there's no way he could of known I didn't have insurance. I also got a ticket for no registration... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 20, 2022

Anything is possible and the driving while suspended is the most likely ticket to get dismissed since as you say they did not see you driving. However, they don't need to see you driving to ticket you for this offense and thus you could still lose its the ability to drive so even if your... Read more »

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: What happens after a contempt of a DV order is written on a report.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 20, 2022

Generally an arrest warrants issues for the offender and the police will start looking for him to arrest him.

View More Answers

4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will someone who received a “contempt of a DV order and an updated report be arrested at anytime or will the judge wait

On 4/19 court was adjourned until 05/03. At night the defendant received a updated report stating that the def family member got in contact with the plaintiff, which the def did not know about until the report was sent by a lawyer of that court house. Therefore, it also states “contempt of a DV... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 20, 2022

The restraining order is a family court matter, but the violation of the order is a criminal matter and if the person is charged with contempt of that order (violation) an arrest warrant normally always issues immediately so he can be arrested at any time and definitely needs a criminal lawyer ASAP.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.