Questions Answered by H. Scott Aalsberg Esq.

Q: is the phrase "not all superheroes wear capes" trademarked? If not can I legally trademark it and if so can I use it?

1 Answer | Asked in Copyright and Trademark for New Jersey on
Answered on Apr 19, 2018
H. Scott Aalsberg Esq.'s answer
Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.
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Q: How long after getting approved for expert thru the court will you find out if the court or lawyer will pick the expert?

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Apr 18, 2018
H. Scott Aalsberg Esq.'s answer
Generally the expert is picked by your lawyer, best to ask your lawyer as we don't know the facts of your case.
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Q: How can I look up lawyers in NJ that have good record? Also how can my fiance in Elizabeth NJ county request his lawyer?

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Apr 18, 2018
H. Scott Aalsberg Esq.'s answer
Unfortunately we are not allowed to mention other sites on this sites but I am sure you know the major search engines, hint hint. One piece of advise with lawyers, like life. In general you get what you pay for. Pay a lot for a handbag you get a good leather handbag that last a lifetime. Pay a little you get plastic and it wears out in a few months. Good Luck in your search.
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Q: Can my former roommate say that she "fears" me even though we no longer talk or hang out in order to keep an FRO

2 Answers | Asked in Domestic Violence for New Jersey on
Answered on Apr 17, 2018
H. Scott Aalsberg Esq.'s answer
The order stays for life or until she asks for it to be rescinded. I suggest you hire a lawyer like Attorney Boyer to vacate the default if it is important to you as he stated, but expect to pay several thousands of dollars.
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Q: Why do tickets for no helmet and no light on a bicycle for a minor require a court apperance in New Jersey?

1 Answer | Asked in Traffic Tickets for New Jersey on
Answered on Apr 17, 2018
H. Scott Aalsberg Esq.'s answer
Generally a ticket has a mandatory court appearance because the judge needs to set the penalty.
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Q: Its not a juvenil detention hearing its for a adult age 25

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Apr 17, 2018
H. Scott Aalsberg Esq.'s answer
Then it is to determine whether he/she should be released or held over until trial. Again very important to have a lawyer to give the person the best shot of being released. However if he/she was not originally released, it is not likely that he/she will be released at the hearing unless for good cause or the person had a good lawyer. Again, I suggest you get them a lawyer if you want them to have the best chance of pre-trial release.
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Q: What happens at a detention hearing ?

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Apr 17, 2018
H. Scott Aalsberg Esq.'s answer
Depends on the reason for the detention hearing is this a juvenile case, a criminal case, where the person is being held over for trial, etc. In general for criminal cases it is whether the person should be released or held over in jail until trial. You should definitely have a lawyer at any detention hearing.
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Q: Good afternoon. Hypothetically speaking. If someone believes that that have a warrant. How can they address it

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Apr 17, 2018
H. Scott Aalsberg Esq.'s answer
Generally legal aid will not do anything for you in criminal court. You need a public defender and they do not get appointed until after you first go to court. The best way to find out if you have a warrant is to call the court. Generally without a lawyer it will not be rescinded.
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Q: Is it against the law for someone to videotape you in your house without your knowledge as well as your kids and their .

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Apr 16, 2018
H. Scott Aalsberg Esq.'s answer
The answer depends on many factors such as were the openly doing it, do they live in the house or invited guest etc. etc. I suggest you setup a consultation with a lawyer if this is important to you, just beware lawyers generally charge for their time and advise, so expect to pay a consultation fee.
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Q: State Taxes and Immigration (N-400)

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Apr 16, 2018
H. Scott Aalsberg Esq.'s answer
First I hope you have a lawyer with your N400 as one mistake on it can make the difference between citizenship and no citizenship.

Second Taxes are one of the 4 most important issues in regards to citizenship as USCIS wants good citizens. More information would be needed on why you did not pay your taxes to answer your question and unfortunately us immigration lawyers do charge for a consultation.
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Q: I was in a car accident and received a ticket for unsafe lane change

1 Answer | Asked in Traffic Tickets for New Jersey on
Answered on Apr 16, 2018
H. Scott Aalsberg Esq.'s answer
If you pay the ticket you will get a conviction for unsafe lane change, points on your license here in NJ and your insurance company will be notified. Also any conviction could also be used against you in a civil proceeding should the "victim" decide they were injured in a accident etc. Probably worth it to find the money to hire a good lawyer at least it is for most people.
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Q: I was charge with 2c:21-1A (2) , 2c:21-1A (3) and 2c:20-4 will I face jail time? I’m a first offender

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Apr 15, 2018
H. Scott Aalsberg Esq.'s answer
Yes you face jail time, BUT if you get a good lawyer even a murder who faces jail time has a chance of getting off without any jail. Being a first time offender helps you as diversionary programs exist, but what is even more important is how much money was involved and how the crime was committed because they need prosecutorial agreement. I suggest you set up a consultation with an experienced criminal lawyer. In general the better the lawyer you get the less time if any you will do. Most of...
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Q: Applied for disability it was denied. Went to appeal that will take another 3-6 months. I have Ataxia. On SSA website

1 Answer | Asked in Social Security for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
Hi Scott:

Unfortunately many people get rejected, that should get approved thus the reason for us lawyers. However your appeal can take up to 1 year not just 3 to 6 months. I suggest you get a lawyer because obviously your medical proof was not enough and you only pay for your lawyer if you win out of your past due benefits.
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Q: What is penalty for joyriding

3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
Yes if the car was or is reported stolen. If you have been contacted by the police immediately hire a lawyer.
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Q: I applied for Security Disability and application was denied. I went to appeal and can take 3-6 months

1 Answer | Asked in Social Security for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
We cannot help you with monetary assistance but a lawyer can help you to file an appeal of the decision, if you are under 55 that may be the reason as to the denial, however we would need to know more information. IN any event an attorney can help you with this and the fee is generally 25% of the past-due benefits you are awarded, up to a maximum of $6,000
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Q: I have a FRO by default and wanted to file a motion to vacate and then get my weapon that was seized back.

4 Answers | Asked in Criminal Law for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
The best solution is to hire a lawyer. But honestly even the 10K fee is not particularly high and even if you can vacate the default, that just puts the case back on and obviously you want a trial. Lastly remember you need to win so would it be smart not to have a good lawyer and remember a good lawyer is never cheap and a cheap lawyer is generally never good. Although I don't do FRO's myself I know the good lawyers that do, and I don't know any that would do it for the $1500 or even near...
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Q: I and my minor son are permanent resident. Applying for citizenship.

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
I suggest you have a lawyer do the paperwork for you, even a simple mistake on your N-400 can prevent you from obtaining citizenship with even the possibility of lifetime bar. The value of the benefit is to high not to spend a few thousand dollars to make sure everything is right and you have the best chance of being a citizen.
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Q: Obstructing traffic of other vehicles

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
You got lucky pay the ticket because if you try to fight it they could amend the ticket to the proper ticket which was cutting through private property a violation with points.
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Q: how long can an attorney substitute for a retired court appointed attorney of incapacitated person?

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Answered on Apr 13, 2018
H. Scott Aalsberg Esq.'s answer
Maybe, but more information would be needed to properly answer your question. I suggest you setup a consultation with a lawyer it may cost you a few bucks for the consult, but at least you will get the information you need.
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Q: May one convert a front lawn into a second "driveway" thereby causing loss of parking on the street to others ?

1 Answer | Asked in Civil Rights for New Jersey on
Answered on Apr 13, 2018
H. Scott Aalsberg Esq.'s answer
Maybe much depends on the township rules unless it is a state or county road, then you have to contend with them also.
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