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Questions Answered by H. Scott Aalsberg Esq.
1 Answer | Asked in Probate and Juvenile Law for New Jersey on
Q: If I’m 17 and on probation can I live with someone that isn’t a relative ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 19, 2020

The decision will be up to your probation officer but generally you will need to live with your guardian who is generally your parents.

2 Answers | Asked in DUI / DWI for New Jersey on
Q: I live in New Jersey but my license was suspended in New York. Am I able to apply for a license in New Jersey still?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 17, 2020

Unfortunately you need to restore your license in the other state before you can get one here in New Jersey as you cannot truthfully answer the question that your license is not suspended in another state.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got stopped for suspended license, but hadn't received notice yet (notice was prepared the same day I was stopped)

I've been offered dismissal of driving while suspended but guilty on failure to surrender license. Will that have much effect on my record, or should I fight it?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 16, 2020

Sounds like a great deal for you, but only your lawyer would be able to properly advise you. That being said we don't know you driving history and we don't know the facts of your case and if they even had cause to stop you so only your lawyer should be giving you the advise on what to do..

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3 Answers | Asked in Domestic Violence for New Jersey on
Q: What will be my jail time or fines if found guilty of charge?

This was self defense I was attacked also,but no scars or anything was visible at the time of arrest?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 15, 2020

Whether it's simple assault and aggravated assault you face the possibility of a jail fines and probation. Of course both charges have a criminal record attached to them too. Your best bet is to set up one of the free in office consultation that most of us criminal lawyers offer. By the way... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: If you are read your rights but they don't tell you you have in a right to an attorney, can the case be thrown out

I was read my rights prior to being interrogated but they did not tell me I have a right to an attorney for illegal advice. My question is can the case be thrown out on a technicality?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 14, 2020

Generally that won't lead to the case being thrown out but your statements made, may get thrown out if your lawyer can prove this.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: But ticket issued to me fir someone unlicensed who gave my registration for a trailer I have that had nothing to do with

Me or my trailer. The driver gave my info paper by mistake and cop thinks it’s my vehicle and driver was driving a diferente vehicle so officer didn’t check registration towards correct vehicle now I got ticket for no reason all ticket info is incorrect wrong vehicle

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 12, 2020

Well that could actually be worse because now you allowed an unlicensed driver to drive your vehicle/trailer. Now I know you say it was not you or your trailer however that's something that the judge is going to start wondering. How did he get that registration paper or were the two of you... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I received a summons for 39:3-37.1b when the vehicle (utility trailer) wasn’t even being driven officer wrote up wrong

Officer used incorrect registration to write ticket of a utility trailer that was not in use. I got a ticket for this. I nor my trailer had nothing to do with an unlicensed driver

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 11, 2020

First for a suspended license or registration ticket you don't need to actually be driving to get the ticket, its the ability to drive, thus if you were in the car with the ignition off, but the keys were in the ignition courts assume this is driving. That being said it does not sound like... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: My son-in-law’s mother left her house to him and will was probated. He died before transfer of house. Is house his wifes

My son-in-law did not leave a will.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 11, 2020

Maybe, much more information would need to be known to properly answer this question, but the law would probably give her at least 25% See NJSA 3B:5-3(c)(1)-(2 )

2 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: I live in nj my bff is in the hospital in a minimal conscious state unable to make decisions

Is my minor child or my bf mother next of kin

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 7, 2020

More information would be needed to properly answer your question as you did not say whether your minor child is also his child.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: The summons does have any correct info on it wrong plate number, color, year make driver address incorrect and license

Also info about a plate for a trailer that wasn’t even in use. Can this be dismissed

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 6, 2020

Maybe but most times it is considered to be a clerical error and they will amend it to the correct information.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: summons given for weight limit. summons has wrong vehicle information like color, make and wrong plate and address

He was given 3 registrations at same time because it was in wallet and all attached and he wrote chose wrong one and didn’t verify with my vehicle and paper and wrote wrong info and address and license number for someone else So is this acceptable

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 6, 2020

Those judges will consider this a clerical error and not consider that a defense.

1 Answer | Asked in Car Accidents and Small Claims for New Jersey on
Q: I was parked in parking space at 7-11 store Jackson NJ. while I was in store the vehicle next to me was backing up

The kid didn't have their door closed & it buckled my rear passenger door and did damage to the handle. She then pulled forward so the kid could close the door- and was continuing to back out. I then came out of the store and saw the damage. The driver replied to me" there is nothing... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 6, 2020

If the police refuse to file a report at the scene you can go to the station and tell them you want to file an accident report and they should give you a form.

1 Answer | Asked in Contracts for New Jersey on
Q: I need to file the form in nj superior court civil court for substitution of attorney cant locate form
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 5, 2020

You shouldn't need to file the form, its for your new attorney to file it and he/she should have it or can find it in a legal form book.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got pulled over for reversing 10 ft in a road even though there was no other drivers to be interfered with.

I did get three additional tickets. They are administrative. If it was a non-legal traffic stop does that mean the other tickets are inadmissible? When I asked the officer why I was being pulled over he did in fact say it was for reversing. And the ticket that he gave me for that was obstructing... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 4, 2020

To Properly answer your question we would need to see all the tickets. I suggest that you setup one of the free in office consultations that most of us traffic ticket lawyers offer.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: An off duty officer called in an on duty officer to pull me over for following him too closely after he cut me off.

An off duty officer cut me off, i maintained my speed next thing i know I'm getting pulled over. Apparently it was the chief of police and he had someone come who didn't even see what happened to give me a ticket.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 3, 2020

The witness for the state would be the off-duty police officer. In New Jersey A police officer doesn't need to see the violation himself to issue a ticket. This is a Five Point ticket so I would suggest that you get a good lawyer as it will increase your insurance rates a small fortune. Most... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Can I do a simplified probate procedure in NJ myself or do I need a lawyer?

I am 80+ yr old widow with residence in NJ. My husband passed away recently without a will. All his assets passed to me without probate except for an old car. The car was titled in his name only. I need to transfer title of the car to myself so I can sell it. I have heard there is a simplified... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 23, 2020

The real question would be how much is the car worth. If it is under 20K you are in luck see NJSA 3B:10-3. which discusses when a spouse or domestic partner is entitled to assets without administration. For your second question, yes a lot of this can be done remotely now due to Covid 19. Saying... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can i be charged for abandoning my vehicle even if it was parked in front of my house?

Last weekend i parked my car in front of my house and on sunday a police officer had it towed and gave me a ticket for motor vehicle abandonment.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 22, 2020

Sure you can be charged with it, the question is how long was it their and did it have plates and valid insurance and registration which can also change the answer. Speak with a lawyer if you want to fight it but expect to pay that lawyer for his time and advise.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I received a summons for parking. But it was residential parking spot. ive received tickets from there before but why

do i get a summons? dont i just get a parking ticket?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 21, 2020

Much more information would be needed to be known to answer your question but most parking tickets are called summons and complaints.

1 Answer | Asked in Criminal Law for New Jersey on
Q: In the state of New Jersey how long does the prosecution have to submit discovery to the defense.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 20, 2020

Speak with a lawyer about specifics for your case, BUT it depends on the case, and the court it is in. It is called pre-trial discovery so unless new evidence is found during the trial it should be presented to the defendants lawyer prior to the trial.

1 Answer | Asked in Criminal Law and Probate for New Jersey on
Q: Life Insurance Policy Missing

Deceased woman left a life insurance policy in her husband and son's name. The son was serving as her executor. Father told son her wishes were for him to divide it between her four children. He told dad he put it in his name because he didn't want to be taxed on it. His father said, in... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 19, 2020

You never stated who you where so you may not have any case at all but the father may.

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