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Questions Answered by H. Scott Aalsberg Esq.
2 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New Jersey on
Q: Is a confession valid if my accuser coerced me into making it?

someone accusing me of sexual assault secretly recorded me and coerced me into making a confession for a crime I did not commit. He started screaming and me and threatening to report me to authorities. I feared for my safety so I just told him what he wanted me to say to get him to leave. Is this... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 23, 2021

The answer depends on many factors, but yes it may be able to be used against you. I suggest that you speak with a lawyer as we don't know all the details of your confession or case to properly advise you.

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1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Is not providing your name and address the basis for an obstruction charge?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2021

We would need to know the circumstances, but yes it can be.

2 Answers | Asked in Probate for New Jersey on
Q: received letter

recieved a letter that my aunts attorney sent wanting me to sign over my rights and make her executer of my grandmothers will or the truste and I'm next of kin

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2021

Do you trust your aunt to protect your rights? Are you entitled to something under the will. These are some of the questions a lawyer would ask you if you agree for this person to be the executor. I think you should discuss this with a lawyer before giving up your rights. It may cost you a... Read more »

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3 Answers | Asked in Probate for New Jersey on
Q: recieved a letter that my aunts attorney sent wanting me to sign over my rights and make her executer of my grandmom

recieved a letter that my aunts attorney sent wanting me to sign over my rights and make her executer of my grandmothers will or the truste and I'm next of kin

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2021

Do you trust your aunt to protect your rights? Are you entitled to something under the will. These are some of the questions a lawyer would ask you if you agree for this person to be the executor. I think you should discuss this with a lawyer before giving up your rights. It may cost you a little... Read more »

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can you make a U-turn on a red light at a divided highway?

39:4-115 Making right or left turn but the only limitations on U-Turns is 39:4-125 which is about obstructed view and "No U-Turn" signage.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 21, 2021

Maybe, we would need more information to properly answer your question such as a picture of the intersection where you made the turn as the intersection may have other traffic controls such as a road line etc.

1 Answer | Asked in Criminal Law for New Jersey on
Q: how do I request subpoena for the body cam footage?

I'm in New Jersey and incident happened in Los Angeles.

this case is closed already and it's been around 5 months.

My family just want to see the body cam footage from that day.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 18, 2021

You would need to post your question in the CA part of this website as a NJ attorney would not know the law for CA.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: police gave me ticket 39:4-215 for parking in front of my apt. BEFORE they posted temp. "no parking" signs" the next day

There was a city parade the next day -- Saturday -- so they towed me. They didnt charge me for the tow but mailed me a ticket. When I parked there the night before the parade -- Fri night -- no signs were posted. The next day, I stayed home all day, they towed me. They did not attempt to contact... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 15, 2021

Sounds like you have a good defense for the ticket if what you say is true. But as they say their is two sides to every story so winning will also depend on what the officer will say.

1 Answer | Asked in Criminal Law for New Jersey on
Q: how do I request subpoena for the body cam footage?

I'm in New Jersey and incident happened in Los Angeles.

this case is closed already and it's been around 6 months.

My family just want to see the body cam footage from that day.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 12, 2021

You need to place your answer under the California section as only a california lawyer can tell you the answers you need.

1 Answer | Asked in Criminal Law for New Jersey on
Q: What crime is under nj code 2316619?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 11, 2021

Honestly I have never seen that number before for a crime. Most crimes start with a 2C

1 Answer | Asked in Criminal Law for New Jersey on
Q: I need a pro bono lawyer take my son's case. He charged with aggravated assult. Being held in bcj .

He has been he hasn't even been to court for this. I've talk to few lawyer they want 3.ooo 4500 an 15000 I don't have any of this. I think he being charged wrong he was defending him self. But idk wasn't there. There is covic in the jail. It's really bad he can't get... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2021

Tell him to request a public defender, he does not have to defend himself if he doesn't have the money to afford a lawyer. As for the case standing still unfortunately due to covid cases are moving much slower than prior to the pandemic.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hello my son has an aggravated assult on him he's in Burlington county jail now I really don't have money for a lawyer

They want 15.000 one wants 4.500 one wants 3.000 my husband recently passed in July so I'm out of work any way he could get a pro bono lawyer

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2021

If your son is indigent and cannot afford a lawyer, the court will appoint an attorney for him called the public defender. That being said he needs to tell this to the court that he does not have the money for an attorney.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: I was the beneficiary to my sisters life insurance. My siblings want it included in the estate. It happened in nj

Family believes the life insurance should be part of the estate even thought it was left in my name snd not theirs.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2021

Don't let your family force you to do this you are well within your rights to collect this money and not share it. In general they would need to prove fraud or coercion to get this money into the estate. If they try get a good lawyer to represent you.

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2 Answers | Asked in Personal Injury for New Jersey on
Q: Can a person who has been attacked on Walmart property sue walmart

Weapon involved (machete)

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 6, 2021

Yes the person can sue Walmart, one of the grounds could be for failing to provide adequate security, but a lawyer would need much more information to tell you if you had a "good suit" I suggest that you setup one of the free in office consultations that most of us lawyers offer for this... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What concerns should I have when adding a senior parent to the deed of a home?

in the process of purchasing a new home. Mom is putting the down payment down, gifting to me. Condition is, she wants to be on the deed of the home so as to say, when she passes, her portion of the home will be willed to me and I will have majority ownership of the home. What issues might I run... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 4, 2021

You can have a lot of concerns you mentioned which could be a problem, but an attorney would need much more information to give you the answers you need. Thus I suggest if this is important to you, to set up a consultation with an attorney to discuss these possible problems. Expect the attorney... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How would I know if my violation is a primary or secondary offense?

In short, I just want to know how to decipher a primary infraction from a secondary infraction

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 1, 2021

It's hard to tell sometimes, but generally it is written in the law if they cannot stop you for the offense.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can I dismiss tickets if the cop stopped me for something that wasn't true but gave me different tickets?

I was heading back home at 9am from class and an officer stopped me because according to him I was speeding which I wasn't. There was even cars in front of me so there was no way I was speeding at all on a street with traffic. It was my first time getting pulled over ever, he said he was... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 27, 2021

Yes a police officer can give you a ticket for something other than what they originally stopped you for. Also, the fact that the police officer put down the wrong color for your car is generally considered a clerical error and generally does not effect the validity of the ticket.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Traffic Tickets for New Jersey on
Q: I got dwi in nj on nj license. I have 3 prior in GA on GA license 14 years ago. Because of DLC, do the old ones count?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 26, 2021

Yes they could count, you would need to pay a NJ lawyer to review the statute to see how similar the statutes are to get the answer you need.

2 Answers | Asked in Criminal Law for New Jersey on
Q: Would it be a conflict of interest if a lawyer was representing a client and came into information that a former

client may be involved in the case?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 24, 2021

Yes it could be a conflict of interest, but it would depend on the facts of and circumstances that are involved.

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4 Answers | Asked in Contracts, Criminal Law and Divorce for New Jersey on
Q: How do I evict my husband if he is doing drugs and stealing from my minor children
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 21, 2021

Generally you will need to go thru a divorce if he lives with you as he has the same rights to live in the house as you do and to terminate them you need to go thru the court system.

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1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for New Jersey on
Q: What the penalty for an 18 year old for the first time when commit Theft by unlawful taking or disposition
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 21, 2021

At 18 you are considered an adult in the criminal justice system so you face adult penalties which at the minimum for any theft offense is up to 180 days in jail, fines, probation etc if the amount is up to $200.00. Over $200 but less than $500 up to 18 months in jail, fines probation and Over... Read more »

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