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Questions Answered by H. Scott Aalsberg Esq.
1 Answer | Asked in Traffic Tickets for New Jersey on
Q: What can I do if I received a ticket and its issued for my dad?

He and I have the same names but his birth date is on the ticket in addition to his driver's license. I was had received a speeding warning and a ticket for obstruction of windshield for having a car freshener on my rear view mirror. I had given the officer my license but for some reason he still... Read more »

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

Best is to hire a lawyer, for the cop it is a clerical error not negligence and what in general will happen is that the ticket will just be reissued to your father, but ways around this may exist.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi i have court this week for two charges that happened last week, one being a small amount a crack found on me

That was my friends, the other being a tresspassing charge. N.J.S.A. 2C:35-10A(1) AND 2C:18-3B. Ive never been in any legal trouble ever and ive been habing a very rough time since june and im really stressing out about this and im very nervous about court on thursday. Do i need a lawyer or public... Read more »

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

Of course although you've told us what you are charged with, you have not given us the violation numbers but in general you'd be at least looking at a third degree crime which can carry 3 to 5 years in jail. This is just the penalty foremost crack charges. Do you need a lawyer that is up to you... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Ticket for Failure of Inspection. Wrong location on ticket.

Address noted on ticket requires a Parking Permit which I do not have therefore I will not park there. Would a prosecutor drop the ticket because of this technicality?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 11, 2019

Generally most tickets will not be dismissed because of a clerical error. That being said unless you go to court you will never know.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Ticketed-Failure to have inspection but the location of my parked vehicle was not at location written on ticket? Valid?

The parked car was parked in front of another address on same street. Is this ticket valid?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 11, 2019

Yes the ticket is valid in general clerical errors will not invalidate a ticket.

1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Im interested in buying a device but im not sure what section it falls under NJ law, EPMAD or otherwise.

The device is question is known as a "Onewheel". It is a self balancing board with an electric motor, and only one wheel. The model I want has a top speed under 20 mph, other models have a top speed under 25mph. I was hoping for clarification if the device needs to be registered and insured or if... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 11, 2019

You need to call NJ MVC to determine the answer to your question to which even they may not know and you will need to speak to a director.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there anything I can do to stop a local man from slowly driving by my property staring at me?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 7, 2019

Not really as long as they are on public property.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got a written warning for using my phone and driving in Morristown NJ. Does this go on my driving record?

I got the written warning for talking on the phone while driving. It was in Morristown but I don’t live there I was going to work. Does this go on record? Or do they keep it on internal record?

Edit: It’s a white piece of paper that says my name, car info, violation and that I’ve... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 6, 2019

We would need to see the warning to give you a specific answser, but generally it is a record kept only by the local police department that issued it.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was arrested and charged with 2C:33-15. I'm mainly concerned about the possible license suspension.

I was in a vehicle with 3 others but I was not the driver. The bottle was not consumed in the vehicle or even opened in the vehicle, it was in a backpack. I claimed the bottle because it was in my bag. However, no one in the vehicle was breathalyzed, not even the driver. She also did not receive... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 4, 2019

By you claiming the back pack the law will then charge you with whatever is in it. They could of still charged everyone in the car, but most police try to be fair and charge the person who admits to the crime/offense. As for the loss of license for 6 months it is mandatory. That being said if I... Read more »

2 Answers | Asked in Criminal Law for New Jersey on
Q: How much does it cost for a Lawyer to file a expungement for me in NJ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 1, 2019

We are not allowed to quote fees on this website however different attorneys will charge different fees based on their experience and success rate and the amount and type of charges you need expunged

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1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: What do I do next?

Hi so I had a fine from a conditional discharge that I thought i paid off and I paid the fee to get my license reinstated after getting it suspended for missing a payment for this fine. 2 months after I got pulled over and given a license suspended ticket. I go to the municipal office where my fine... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 28, 2019

It doesn't just get dismissed without a good lawyer. The court does not send payment reminders they send warrants, license suspensions and failure to appears. You have to defend this case and good lawyer should be able to definitely help you win, reduce or eliminate the penalties that you face.... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New Jersey on
Q: A government leader robs a bank and is arrested, convicted and charged by the FBI. Is this grounds for impeachment?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

Probably not as they will pass a law saying its legal, just like congress did allowing insider trading.

1 Answer | Asked in DUI / DWI, Election Law and Gov & Administrative Law for New Jersey on
Q: If a government official is arrested for and convicted of a dui, is that an impeachment or grounds for one?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

A DUI in NJ is a motor vehicle offense not a crime

2 Answers | Asked in Criminal Law, DUI / DWI, Constitutional Law and Election Law for New Jersey on
Q: Can a dui arrest be an impeachment?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

An impeachment for what. I suggest reposting your question with more information

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2 Answers | Asked in DUI / DWI for New Jersey on
Q: Is there intent to operate

If my Vehicle was out of fuel keys in ignition can i get a DUI drinking inside on the shoulder of highway

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 26, 2019

Maybe that is up to a judge, a prosecutor would argue that since the keys were in the ignition you intended to operate the car, the fact that the car was on the shoulder shows that you operated it and you intended to continue to operate the car just due to circumstances beyond your control it could... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: How do you find a reliable criminal lawyer?? Hired two of them and neither one has delivered on anything promised

Both had total lack of communication as well

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2019

Maybe that's your problem they didn't deliver on their promises because attorneys are not supposed to promise you any result other than that they will do their best and show up to court on time. An attorney can tell you their past success rate with similar cases, they can tell you what they've done... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there case law available to support my letter asking the judge to suspend a sentence handed down to my husband.

He gave him credit for mitigating circumstances. However, we want to ask the courts for a non-custodial sentence.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2019

Not to my knowledge it's done a lot of the time at the sentencing hearing but it appears that that is already over. You really need to ask his attorney on what you should do that's what you paid him for.

1 Answer | Asked in Probate for New Jersey on
Q: My partner in a Rental home LLC died, we are 50/50, the son , the executor is not doing any work . what can i do ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 21, 2019

Hire a lawyer you may have to disolve the LLC and sell the property if this wasn't planned before.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Are any points given for violation of unsafe tires in NJ

I believe this was a bogus ticket and the real issue was a case of racial profiling. Me, a man from Wyckoff, with two black males in a known drug area. The real facts were a friend I have known for twenty years asked for a ride because he was in a fight and needed help and a ride. I picked up my... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 21, 2019

Generally no points for an unsafe equipment charge.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I have been charged with new jersey 2c:20-11B (1). The amount charged is 585. I have a co-defendant who commited the act

The person I was with placed the items unknown to me. I would like to know if I will be charged for shoplifting even though I paid for the items I purchased which the store kept despite my paying for the items I purchased. Under this offence will I be held liable for shoplifting even though I did... Read more »

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

If you acted in concert with another which is what it appears to be by your question yes, you don't need to take anything to be charged. But can you be convicted is the real question and much more information would need to be known to answer that question. I suggest that you setup one of the free... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: what am I looking at as a first time offender for aggravated assault with an unlawful weapon, which was a 10 inch knife

I am being charged with aggravated assault third degree and possession of a deadly weapon fourth degree.

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

It depends on the degree of the charges which you have not indicated, but generally 2nd degree carries 5 to 10 years in jail with a presumption of incarceration even for first time offenders. For third degree charges your looking at 3 to 5 years and for 4th degree (doubt your looking at that low)... Read more »

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