Questions Answered by H. Scott Aalsberg Esq.

Q: Motions/attorneys

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 18, 2019
H. Scott Aalsberg Esq.'s answer
It's always expensive to get another lawyer up to speed to get a good result. It's all about time and time is money.

Q: How are some people getting accepted into the drug court program with third degree aggr. assault charges?,N.J court

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 16, 2019
H. Scott Aalsberg Esq.'s answer
Drug Court is dicreatiionary so almost anyone the judge or prosecutor wants can get in pursuant to the guidelines rules. Yes some attorney simply don't do appeals, all can but some of us don't like myself.

Q: Can I be charged criminally if kohls never recovered the merchandise?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 14, 2019
H. Scott Aalsberg Esq.'s answer
We are not supposed to give specific legal advise on this site on what to do, but you can setup an in office consultation with an experienced lawyer. What I will say is that arguments exist on both sides on whether or whether not to pay it. Either way I would contact the court in which the store was in to see if they filed a criminal complaint for shoplifting against you.

Q: Is there any points for ticket 39:3-76.2A In mew jercey?

3 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Jan 14, 2019
H. Scott Aalsberg Esq.'s answer
It's a no point ticket however it still goes on your abstract like any other ticket.

Q: Trying to find out what I'm charges with using a indictment number

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Answered on Jan 14, 2019
H. Scott Aalsberg Esq.'s answer
The only way I know for the public to find that or the defendant is to call the court.

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Q: Difference between a conviction and a charge. How long can you be detained without a conviction?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 12, 2019
H. Scott Aalsberg Esq.'s answer
A conviction is when you have been found guilty. A charge is something you get and then have to go to a trial on. You can be detained in general for more than 90 days without an indictment unless the prosecutor can find good cause then its even longer.

Q: Injured by 3rd party at work, workers comp paid bills but will not release copies of the bills to me. What do I do?

1 Answer | Asked in Personal Injury and Workers' Compensation for New Jersey on
Answered on Jan 11, 2019
H. Scott Aalsberg Esq.'s answer
If the bills are paid what does it matter however if you're saying this because you want to file a lawsuit let your attorney get the bills and give him a release to do this.

Q: Can my son go to jail for a violation of PTI?

1 Answer | Asked in Traffic Tickets, Criminal Law and Municipal Law for New Jersey on
Answered on Jan 10, 2019
H. Scott Aalsberg Esq.'s answer
Yes it is possible he could go to jail, but much more information would be needed to assess what would happen in his case. I suggest you speak with the lawyer who handled his PTI CHARGE as he would know best, or setup a consultation with a new lawyer if you were not satisfied with your prior lawyer.

Q: How to find out whether a DUI case from 2008 in Westfield, NJ is included in the 20K cases mentioned by the NJ Supreme

1 Answer | Asked in DUI / DWI for New Jersey on
Answered on Jan 8, 2019
H. Scott Aalsberg Esq.'s answer
Not really sure but to my knowledge Most people received a letter from the state telling them.

Q: I went to court in November 15 of 2018 for driving while suspended in Cherry Hill NJ I got the slap program for ten day

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Jan 8, 2019
H. Scott Aalsberg Esq.'s answer
Each time you get pulled over for driving while suspended the judge will get tougher and tougher so what can you expect probably jail without slap.

Q: My son is 17 and a certified emt on a nj ambulance squad. He was arrested for a stem in his car. Can he be kicked off?

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Answered on Jan 6, 2019
H. Scott Aalsberg Esq.'s answer
The answer to this depends because generally you need a license to be an EMT they could kick him off the squad however will they find out is the question you may have to tell them anyway. Your best bet is to get a good lawyer to fight the case you may have a defense and even if he doesn't things can be done to help minimize the penalties he will face.

Q: I am currently 17 and received a speeding ticket, my court date is after I turn 18 will it count on my GDL

1 Answer | Asked in Traffic Tickets for New Jersey on
Answered on Jan 5, 2019
H. Scott Aalsberg Esq.'s answer
Yes that is the key try to get your case adjourned until you don't have a gdl, best way is with a lawyer.

Q: how Protected is a home from a nursing home that the patient will not be returning to? Will it have to be sold to pay?

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Answered on Jan 5, 2019
H. Scott Aalsberg Esq.'s answer
If its a bill it must be paid, you got the services and agreed to the price they can sue.

Q: Can I get a delay of traffic ticket if I have a flat tire?

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Jan 5, 2019
H. Scott Aalsberg Esq.'s answer
Yes you can get a ticket for that and officers generally write this ticket when you didn't move your car over to the side to allow traffic to pass.

Q: Can police arrest me for illegal possession of a firearm even if they don't find any evidence of a weapon?

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 4, 2019
H. Scott Aalsberg Esq.'s answer
Sure they can probably arrest you, but can they prove the case that is another story. Police arrest on probable cause

Q: i no longer wish to go to drug therapy ordered by my dyfs worker. the only finding is my positive marijuana test.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for New Jersey on
Answered on Jan 3, 2019
H. Scott Aalsberg Esq.'s answer
Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.

Q: My husband is being falsely accused of a serious crime there’s evidence ruling his innocence.when will he be released

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 2, 2019
H. Scott Aalsberg Esq.'s answer
Depends on the status of the case at this point. He may not be released until trial unless you file a motion or have a lawyer argue for him at a detention hearing of which he gets two an initial hearing upon his jailing generally within 24 hours and a second hearing within 5 days generally. Unfortunately many inmates have evidence showing their innocence, the question is does it negate sufficiently all of the evidence the state has showing his guilt.

Q: If one person makes a left hand turn on to a street and someone behind them makes a left hand turn and follows them

1 Answer | Asked in Traffic Tickets for New Jersey on
Answered on Jan 1, 2019
H. Scott Aalsberg Esq.'s answer
IN a perfect world it would be the same exact tickets, but this is not a perfect world and for example one person may have had a perfect record for the last twenty years to the cop may have given the other persona no point ticket where as the other person gets an improper turn ticket. In any event you need to worry about what you got not what the other person got if you need to get no points get yourself a good lawyer. Most of us traffic ticket lawyers offer a free in office consultation so...

Q: What can be done if i can prove that a cop issued me a fraudulent careless driving ticket ?

1 Answer | Asked in Traffic Tickets and Civil Litigation for New Jersey on
Answered on Dec 31, 2018
H. Scott Aalsberg Esq.'s answer
You need to go to court or call the court, plead not guilty and when you go to court ask for a trial. You can also hire a lawyer to do most of this for you, but you will still need to appear in court. FYI most people who come to my office feel that the tickets they received were an injustice, so your not alone.

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