Questions Answered by H. Scott Aalsberg Esq.

Q: I don’t like the house I wanted to buy We are out of Attorney review How do I get out of this Ty you!

1 Answer | Asked in Contracts for New Jersey on
Answered on Feb 4, 2019
H. Scott Aalsberg Esq.'s answer
The best way is to have your lawyer negotiate a settlement if possible otherwise if not you can lose your deposit.

Q: Difference between Offense Type: Indictable changed to Offense Type: Felony Offense Type: Transferred Changed to:blank

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Feb 4, 2019
H. Scott Aalsberg Esq.'s answer
Much more information would be needed to properly answer your question but either way if you have a gun charge your looking at serving 85% of the time sentenced for in jail we call this NERA and the chance of not doing jail in NJ for carrying a firearm in NJ is slim.

Q: mother has dementia, are expenses for home health aides in her home tax deductible for the year 2018 under medical?

1 Answer | Asked in Tax Law for New Jersey on
Answered on Feb 4, 2019
H. Scott Aalsberg Esq.'s answer
You really should ask this question to your CPA not lawyer although sometimes a lawyer may have both licenses.

Q: What can any one do with Driver license photo over the mobile phone? on parking lot augment?

1 Answer | Asked in Car Accidents for New Jersey on
Answered on Feb 4, 2019
H. Scott Aalsberg Esq.'s answer
You should report the accident to the police, the fact that the other person copied your drivers license is not big deal in all honesty, because most of that information is a public record anyway.

Q: Can you oppose a construction project for health reasons if the prolonged noise will cause you to not be able to rest

1 Answer | Asked in Construction Law for New Jersey on
Answered on Feb 3, 2019
H. Scott Aalsberg Esq.'s answer
You can oppose it for any reason, however township officials know that any project will create noise, traffic problems etc that effect residents, but deem it needed for improvement/modernization.

Q: Does a "Prime Contractor" Differ from the meaning of vender or General Contractor"?

2 Answers | Asked in Contracts and Employment Law for New Jersey on
Answered on Feb 2, 2019
H. Scott Aalsberg Esq.'s answer
I have to admit I never heard of a prime contractor in regards to real estate. Generally it is general contractor and subcontractor. Thus I agree with attorney Boyer's comments

Q: Can police issue and be the complaintant on a special complaint short form for a disorderly persons offense if

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Feb 1, 2019
H. Scott Aalsberg Esq.'s answer
Of course a disorderly persons offense is just like any other crime, a complaint is based on information and belief. Just like in a murder the police generally are not present to see the killing nor do the police need to be present for a disorderly persons complaint. All the same rules apply. I suggest hiring a lawyer especially if they have video and witness information against you.

Q: Can someone commit a scam of selling you property?

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for New Jersey on
Answered on Feb 1, 2019
H. Scott Aalsberg Esq.'s answer
Yes, scams happen all the time. I suggest you have your son set up a consultation with a lawyer as you have many questions here and obviously this will take some time and more information would be needed to answer these questions. Expect to pay that attorney for his time and advice.

Q: I was charged with terroristic threats and offered PTI because that’s what my public defender told me would be the best.

2 Answers | Asked in Criminal Law and Education Law for New Jersey on
Answered on Jan 29, 2019
H. Scott Aalsberg Esq.'s answer
Yes you can probably get what you want, but remember if you lose the trial you have to be willing to accept the consequences of a guilty verdict which could be jail. Obviously we don't know anything about your case, BUT this is what every attorney must tell their clients prior to trial when an offer such as PTI is on the table.

Q: i was ticketed for improper use of handicap placard. what is the penalty?

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Jan 28, 2019
H. Scott Aalsberg Esq.'s answer
The fine is not the problem it's the possible community service.

Q: I was issued a ticket for failure to inspect my vehicle on the 11th at 23 hours was issued the same

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Jan 27, 2019
H. Scott Aalsberg Esq.'s answer
Much more information will be needed to be long before answering your question such as the car moved etc.

Q: I am a student with F-1 visa and I have driver’s licence from another country and a permit from NJ. Can I drive legally?

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Jan 26, 2019
H. Scott Aalsberg Esq.'s answer
You would get an unlicensed driver ticket ticket which could lead to up to 60 days jail and 6 months loss of license when eligible to drive and a fine and is not good when it comes to USCIS.

Q: Is it illegal to shoot a target in my backyard? Specifically in a suburban NJ area? Not sure if federal or state law

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 25, 2019
H. Scott Aalsberg Esq.'s answer
The answer is it depends for example do you have a license to own or carry the gun. Before an attorney could give you an answer to this question he would need to ask you several questions I suggest setting up a consultation with the lawyer if you need to know the law.

Q: This is on court paperwork sc2717:009:786

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Jan 24, 2019
H. Scott Aalsberg Esq.'s answer
That sound like it's a complaint number for your case. If a serious charge you may want to consider hiring a lawyer.

Q: Confiscated funds...

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Jan 24, 2019
H. Scott Aalsberg Esq.'s answer
You need to wait 90 days and then if you don't get the money back you will need to file a motion and win it to get your money back, but it does sound like you have a good defense, but you will need more than just the receipt to win it.

Q: Is title 39, section 4-50 , 4-50.4a. Crime or a Motor Vehicle Charge in the state of New Jersey?

4 Answers | Asked in DUI / DWI for New Jersey on
Answered on Jan 24, 2019
H. Scott Aalsberg Esq.'s answer
A traffic ticket that will go on your MVC record. That being said it called a quasi criminal offense and if an accident occurred it can come with criminal charges also. If charge with any DWI make sure you get a good lawyer if you want a chance to win.

Q: How likely would it be for me to fight 39:4-135 and win if the ticket was issued on a private road?

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Jan 24, 2019
H. Scott Aalsberg Esq.'s answer
Without a good lawyer your chances are very low you have no presented a defense and even if you have a defense without a lawyer your chances of winning are slim.

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.

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