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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: My neighbors put a camera in their car pointed directly at my front lawn where my two year old plays. Is it illegal

We have open harassment charges against them because they constantly harass us day in and day out. This is something that we think they have done just to get on our nerves but I’m worried about what they will do with footage of my two year old.

H. Scott Aalsberg Esq. answered on Jul 20, 2019

It's generally not considered illegal to have a camera recording in public unless for example it was used to look inside a private area in your house via the window etc.

1 Answer | Asked in Criminal Law for New Jersey on

Q: Under Criminal Code 2C:28-3(B)1, is this act considered a Disorderly Persons Charge or a Felony Level Crime?

H. Scott Aalsberg Esq. answered on Jul 19, 2019

It can be either based on what was said and done. Thus a person commits a crime of the fourth degree if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: Car registration question in New Jersey

If I were to purchase a car from a private seller that lives couple hours away do I have to get it registered first before driving it home or would I be okay without license plates for a day? Also how would I go about the same situation but from out of state let's say if I drove from New Jersey to... Read more »

H. Scott Aalsberg Esq. answered on Jul 16, 2019

If you purchase a car and you're going to use it here in New Jersey you need to have New Jersey registration before you can drive it in New Jersey.

1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on

Q: My ex GF gave her middle name instead of her first name in a police report. Is that a crime?

She showed me a knives in a verbal fight and threat me to call the police. I grabbed her hands and took the knives then she started to attacked me. when I was trying to dial the police number she runs out of the house yelling to call the police because I was hitting her. My t shirt was ripe, and I... Read more »

H. Scott Aalsberg Esq. answered on Jul 14, 2019

Yes it is a crime to give a police officer any law enforcement officer your incorrect name she should have given her first middle and last name not just her middle and last to make it like she is a different person. that being said if you were charged with a crime her being charged with one also... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: In New Jersey criminal law code 2c:21-2.1c it's a 3rd degree felony can this be downgraded during the proceedings ?

H. Scott Aalsberg Esq. answered on Jul 13, 2019

Maybe it would depend on the facts of your case to he defenses you have, the quality of attorney you chose and lastly the prosecutor and judge that are appointed to your case. The only factor you can change if charged is to hire the best lawyer you can find to try to make it happen. That being... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on

Q: What's the minimum and maximum penalty for New Jersey criminal code 2c:21-2.1c? Thank you in advance

H. Scott Aalsberg Esq. answered on Jul 13, 2019

In general you looking it up to five years in jail $15,000 in fines up to 2 years lost driver's license, probation and other penalties as determined by the court. This is a serious offense so if you're charged with it immediately hire a good criminal lawyer. Most of us criminal lawyers offer a... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: Off duty and out of jurisdiction officer see's someone speeding and he's in his personal vehicle can he give ticket?

Asking for a friend he was accelerating to get away from traffic and an off duty officer who he didn't know was an officer chased him in his personal car he got nervous and tried avoiding the veichle. The cop was from a different town and was probably out of his jurisdiction as well as not on the... Read more »

H. Scott Aalsberg Esq. answered on Jul 12, 2019

The NJ cop doesn't need to be on duty or in his jurisdiction to issue a ticket as long as he is in the state of New Jersey. The only difference that it makes is that the ticket must come from the town where the violation occurred. ii your friend can't afford to get the tickets then he needs to... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: 39:3-54.7 & .10 & .11 After stopping me for supposed tinted windows (MANUFACTURED TINTED NOT FILM) saw in sunvisor no

After I attempted to explain it was not film but glass he then looked at visor area and stated I was in violation of law for suctioned cup amber/white strobes and directional bar in rear of veh plus had me turn on to prove then said I needed a permit to have in/on veh . Besides lumber dumping... Read more »

H. Scott Aalsberg Esq. answered on Jul 9, 2019

Attorneys are not supposed to quote prices on this website. That being said I suggest that you set up one of the free in office consultations that most of us traffic ticket lawyers offer.

1 Answer | Asked in Workers' Compensation for New Jersey on

Q: Workmans comp doctor stated I need therapy.doctor second oppinon saw mri and stated I need Ligamentous reconstruction.

Can I go with my second oppinon

H. Scott Aalsberg Esq. answered on Jul 8, 2019

This is a serious matter you should follow your attorneys advise and if you don't have one get one now. Most at least offer free in office consultations.

1 Answer | Asked in Business Formation for New Jersey on

Q: The road was not clearly closed and there were few cars with me who all passed this area. Should I plea not guilty

H. Scott Aalsberg Esq. answered on Jul 7, 2019

You could but you have not provided a defense, for example what does it mean by the road was not closed clearly? If you gave this defense to the judge without a clear explanation and proof, you will lose.

2 Answers | Asked in Criminal Law for New Jersey on

Q: 50 bags of herion got caught with terroristic threat and loitering 10flat was only offer public defender said take it

he never said nothing else no down grade of charges or ask for another offer

H. Scott Aalsberg Esq. answered on Jul 5, 2019

Unfortunately without reviewing your whole case file knowing your prior history no one can tell you whether this is a good or bad deal. I suggest setting up a second opinion consultation with a good lawyer but expect to be charged a few thousand dollars just to review all of the paperwork.

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1 Answer | Asked in Traffic Tickets for New Jersey on

Q: What monetary and points penalties does Statue number 39:4-92 carry (Edison NJ).

H. Scott Aalsberg Esq. answered on Jul 5, 2019

This is a 2-point ticket with a fine between $50 to $200 however it's generally $85. If your ticket is marked mandatory court appearance required or has a court date and not a pay by date then you could be facing up to 15 days in jail in addition to the fines and points mentioned. If so I would... Read more »

4 Answers | Asked in Car Accidents and Personal Injury for New Jersey on

Q: I was injured in an auto accident on January 7, 2019, It was clearly not my fault, as indicated in the police report.

The other driver's insurance company has been contacting me nearly every week to settle the matter for $3,000. He tells me that I do not have much time left. I have a spinal cord injury which, although not too serious, has left me in pain to this day. What should I do and how much time do I have... Read more »

H. Scott Aalsberg Esq. answered on Jul 3, 2019

Generally you have two years in which to bring an action for your personal injuries.

However that time can be shortened for example if a government entity is involved. You should never wait to seek out the assistance of a good lawyer, the sooner a lawyer get started on the case the more he...
Read more »

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1 Answer | Asked in Traffic Tickets for New Jersey on

Q: I received a ticket for 39:3-17 I don't understand why I wasn't driving and I don't live in New Jersey so what can I do?

H. Scott Aalsberg Esq. answered on Jul 2, 2019

Unfortunately you only have two choices either pay it or fight it by pleading not guilty and going to court.

1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on

Q: Is my dermatologist liable for not recognizing a bump which was a malignant melanoma for over a year and a half?

I notified the dermatologist about the bump and she didn't think it was anything important. For over a year covering three appointments this bump was discussed and no action was taken. I finally asked to have it biopsied and that's when they found out it was malignant melanoma. I had a serious... Read more »

H. Scott Aalsberg Esq. answered on Jun 30, 2019

Yes it sounds like you may have a good case against your dermatologist for failure to diagnose, however you also have to worry about waiting too long as you may lose the right to sue for your injuries/damages. I suggest setting up an appointment with a good lawyer ASAP, most offer free in office... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: I got pulled over for speeding, is the cop allowed to leave before me?

H. Scott Aalsberg Esq. answered on Jun 30, 2019

Yes in fact he doesn't even have to stop you to give you a ticket.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on

Q: My kid was pulled over when a cop noticed his high beams on in the daytime, which seems like an improper stop...

...since the statute reads “during the times when lighted lamps are required.”

He was subsequently charged with 2 criminal possession charges for paraphernalia and less than 50 grams. How would you proceed, and what are typical lawyers fees for this type of case?

H. Scott Aalsberg Esq. answered on Jun 29, 2019

The answer depends as you are not allowed to have your high beams on when another car is nearby either during the day or night. That being said he may have another defense as these are serious charges which can effect his job choices for life. Thus, get yourself a good criminal lawyer that is... Read more »

2 Answers | Asked in Business Law for New Jersey on

Q: Is there any legal issues if you set up a 50/50 LLC in NJ and in the first year the K-1 shows unequal capital accounts?

This is a bar and restaurant. There are 2 LLCs. One for the business & liquor license and the other for the real estate.

H. Scott Aalsberg Esq. answered on Jun 29, 2019

Several legal issues exist but that doesn't mean that they can't be overcome, get yourself a good lawyer and CPA to determine what best to be done for your case.

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2 Answers | Asked in Criminal Law for New Jersey on

Q: What would be the worst fine/sentence for this possession charge?

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H. Scott Aalsberg Esq. answered on Jun 29, 2019

It all depend on the substance and quantity found. The minimum drug charge has up to 180 days in jail and the worst can be up to 10 years or more in jail. Whatever it is I suggest that you setup one of the free in office consultations that most of us criminal lawyers offer as anything said over... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on

Q: When facing a NJ 2C:40-26 is their in good outcomes besides jail espeically for a first time offender?

Can I apply for post relief conviction on my first dui? I have been going back and forth for this 4th degree charge for two years.

H. Scott Aalsberg Esq. answered on Jun 25, 2019

Avoiding jail is possible just not likely, but you need a good lawyer from the start and lots of luck to make it happen. At this point it may be too late.

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