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Questions Answered by H. Scott Aalsberg Esq.
2 Answers | Asked in Estate Planning for New Jersey on
Q: Does a Last Will and Testament with a trust signed before marriage valid after my marriage in NJ?

What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?

What if I pass before I have a chance to... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 4, 2023

More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to... Read 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 Esq.
H. Scott Aalsberg Esq.
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... Read 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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
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... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I have a car that is originally manufactured and sold in Ohio. It never had a front license plate bracket.

Do I have to add a front license plate if the car is now registered in NJ?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 24, 2023

Yes it doesn't matter where a car is sold, it matters where the car is registered for license plate rules.

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case

Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 19, 2023

Maybe but a lot more information would be needed to be known before a lawyer could properly answer your question. Most evidence can be used in criminal court, but evidence standards still apply. Furthermore if this is a criminal case and you are not the defendant you generally can't present... Read more »

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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 12, 2023

You can only fight it by going to court (which is mandatory) with a good lawyer on your side. Unfortunately, she has the upper hand in this matter and you need to try to even the playing field.

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2 Answers | Asked in Business Law and Contracts for New Jersey on
Q: Can a client tell you not to do work after he signed a contract?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 11, 2023

To make it simple it all depends on the terms of the contract. Without reading the terms of your contract or agreement any answer would be mere speculation on what your rights are.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: do I need lawyer if my company vehicle got ticket in Lincoln tunnel 32:154.2-apperance required
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 10, 2023

Unfortunately, Yes most courts will require a company to be represented by a lawyer in NJ. Most of us traffic tickets offer a free in office consultation where you can learn more.

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Jersey on
Q: can i be charged for criminal trespassing if I was not even on private property when police arrived to my residence?

I injured my back while riding my atv and had to call an ambulance to get to the hospital since i couldn't drive. Police came to my home upon the call as they stated they needed to fill out a report for any type of accident called in via 911. The officers stated they were not issuing tickets... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 10, 2023

Yes they can charge you even up to a year later for criminal cases in Municipal Court. That being said I would suggest hiring a lawyer you may have a defense in this case. Most of us criminal lawyers offer a free in office consultation, I would suggest that you set one up.

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 Esq.
H. Scott Aalsberg Esq.
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,... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is it ok to ask a prosecutor to get my tickets move to another district if I feel the town may be racist?

Officer saw my good record and pleasantly came over and gave me 3 tickets for speeding. Unlawful operation and not obeying. Signs . He basically said I was speeding 3 different ways. After he complimented me for having no points

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 3, 2023

It never hurts to ask but it probably won't be done without some type of proof, just getting 3 tickets for the same offense is not that uncommon these days as cops tend to write more tickets as everything today is videoed. You may want to request that video.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was driving from Atlantic City.Officer gave me 3 tickets. Speeding/unlawful operation/ endangering people or property?

Pleasant interaction I had no points/ had all my credentials/ why so may tickets for the one offense. Then told me to plea not guilty in court and fight it. Why pleasantly give me 3 tickets to tell me to go plead guilty. Why give me so many tickets in the first place.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 1, 2023

Unlike in the past now that most interactions with police are recorded it is rare to get a warning and not a ticket if you committed the offense as they don't want to seem like they are giving one person and a ticket and not another. In your case if the officer has you on video violating 3... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: I currently have multiple active warrants from multiple departments for felony criminal charges. What should I do next

I'm currently wanted for alleged motor vehicle theft, car jacking, theft, etc in NJ. I also have a current probation violation out of pa, as well as on going felony court proceedings in New Hampshire. I know I can't run forever and the longer I do the worse it gets. The Pa warrant is a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Dec 29, 2022

If you truly want to take care of this you need to hire lawyers in each state and then follow their advise on how to turn yourself in to make this easiest as possible. The charges as you know won't go away and if you get found before turning yourself in that always looks worse as turning... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: What does it mean when my civil case is going to court before my criminal case?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Dec 26, 2022

The answer would depend on what the cases are about such is it a restraining order in civil court but an assault charge in criminal court, or it could be a restitution case in civil case for taking merchandise and a shoplifting charge in criminal court. See the problem everything depends on what... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: First offense parked at a handicapped parking space? How much is the fine?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Dec 18, 2022

It Depends, but in General, if you are charged with 39:4-197 a first offense is punishable with a fine of $250 and subsequent offense generally has a fine of at least $250 and up to 90 days of community service and you will generally get that community service in most courts.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How much is the fine for violation 39:4-1380?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Dec 18, 2022

If your talking about what the fine is for39:4-138 its generally $55.00 plus court costs if any for payable tickets.

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1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for New Jersey on
Q: Theft of Services? Customer wrongfully disputed credit card charge

We have a tailor shop. A daughter and her mom hired us in July to work on her daughter's wedding dress for an October wedding. The charge was $1,300 paid in three installments. The dress was delivered on time in early October. Then the mother, who was paying, disputed all three credit card... Read more »

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

First I can't believe the answer of the other attorney who answered this question seems like a canned answer and didn't realize your not the one charged with the offense, you are the victim. That being said since you are the victim, first try going to the police and tell them what... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: How much notice does a NJ traffic court need to give of an upcoming court case?

I am a defendant in a NJ traffic court and the court has consistently failed to send correspondance to my proper address, despite updating the address with them multiple times. As a result all correspondance (including potentially answers to discovery requests, discovery requests which were sent... Read more »

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

For many courts, they will only send court notices and other information to the address that NJ MVC has on record for you. So you need to update it with them that may be your problem.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can two vehicle license suspensions take place at the same time?

I received a suspension which will begin on December 22nd for 110 days, but another suspension is set to begin for 150 days on January 1st, 2023. Does this mean they will happen at the same time?

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

The best party to answer this question is either the court you got the suspensions in, the MVC or your lawyer who handled your suspension case as we do not know enough information to properly answer your question.

1 Answer | Asked in Civil Rights, DUI / DWI and Identity Theft for New Jersey on
Q: Someone used my name and identity during a police call and arrest for CDS and DWI. What type of lawyer should I seek?

Criminal Identity Theft

Defamation

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Dec 15, 2022

To fight the DWI you will need a DWI lawyer. When you find out who used your name you will need a civil litigation lawyer to sue that person. Most of us DWI lawyers offer a free in office consultation during normal business hours.

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