Lawyers, Answer Questions  & Get Points Log In

Questions Answered by H. Scott Aalsberg Esq.

2 Answers | Asked in Criminal Law for New Jersey on

Q: What would be the worst fine/sentence for this possession charge?

Lllllllllllll

H. Scott Aalsberg Esq. answered on Jun 29, 2019

It all depend on the substance and quantity found. The minimum drug charge has up to 180 days in jail and the worst can be up to 10 years or more in jail. Whatever it is I suggest that you setup one of the free in office consultations that most of us criminal lawyers offer as anything said over... Read more »

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on

Q: When facing a NJ 2C:40-26 is their in good outcomes besides jail espeically for a first time offender?

Can I apply for post relief conviction on my first dui? I have been going back and forth for this 4th degree charge for two years.

H. Scott Aalsberg Esq. answered on Jun 25, 2019

Avoiding jail is possible just not likely, but you need a good lawyer from the start and lots of luck to make it happen. At this point it may be too late.

View More Answers

3 Answers | Asked in Criminal Law for New Jersey on

Q: How many steps and what can I do before the county criminal court summons

Attempting to elude. Police 2nd degree 2c : 29 2b

H. Scott Aalsberg Esq. answered on Jun 25, 2019

Your first step should be to hire a good lawyer you looking at 5 to 10 years in jail with the charge that you've mentioned. Most of us criminal lawyers offer a free in office consultation I suggest you set one up to get protected

View More Answers

1 Answer | Asked in Personal Injury for New Jersey on

Q: My mother was bitten by fleas in a casino at a gaming table, does she have a case to sue?

My mother was bitten by fleas in a casino at a gaming table, does she have a case to sue? She had to go to the ER with severe swelling on her legs. The casino acknowledged that they do have a flea problem. The incident occurred in Foxwoods casino in CT. We live in New Jersey.

H. Scott Aalsberg Esq. answered on Jun 23, 2019

I would suggest that you post your question in CT, as most likely CT law would control.

3 Answers | Asked in Personal Injury and Products Liability for New Jersey on

Q: Is agreeing to dismiss a case without prejudice wise advice?

I have very serious injuries that have at times made me question why I even want to go on. My medical care is expensive and I need money for treatment. A number of people were injured similarly and my case was put in the MDL. My lawyer wants me to agree to dismiss the case without prejudice. He... Read more »

H. Scott Aalsberg Esq. answered on Jun 18, 2019

Without knowing all the facts about your case it would be improper for a lawyer to tell you what to do does it sound a little different than normal yst but your lawyer could have a good reason. As for taking less today to avoid a trial 5 years from today that is common.

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on

Q: I want to write a letter to the judge on behalf of my husband. How should a I go about doing that?

My husband was charged with AGG ASSAULT-ATTEMPT/CAUSE BI W/DEADLY WEAPON PURP/KNOW 3rd degree, POSS OF WEAPON FOR UNLAWFUL PURPOSE-OTHER WEAPON 3rd degree, and UNLAWFUL POSS WEAP - OTHER WEAPONS 4th degree. His first court date is June 20th and I believe its just for processing. We did speak with a... Read more »

H. Scott Aalsberg Esq. answered on Jun 18, 2019

It could help, it could hurt depending on what your write as for what you should write that would depend on the facts of the case. I suggest setting up a consultation with an attorney if you don't know how to write it or what to say but expect that attorney to charge you for his time and advice,... Read more »

2 Answers | Asked in Criminal Law for New Jersey on

Q: Second degree theft by deception for a person with no criminal record, what are the chances of serving jail time?

H. Scott Aalsberg Esq. answered on Jun 18, 2019

A second degree theft by deception charge has a presumption of incarceration for 5 to 7 years even for first time offenders. But a good lawyer may be able to reduce or elimate this for you so pick a good one to get the best results.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on

Q: How close do you have to be to a window to be charged with peering in the window?

H. Scott Aalsberg Esq. answered on Jun 12, 2019

Everything depends on the facts of your case some people do it with cameras looking into other people's windows other people do it with. Their own eyes up at the window, so the answer is it depends. it's like what one supreme Court Justice said about pornography I know it when I see it

.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on

Q: I wanted to know if fingerprint evidence needs to be handed over in Discovery

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

That would actually depend on the case but it is not normally given with your standard discovery.

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on

Q: What exactly is considered "peering" in windows. And how high is the burden of proof?

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

The burden of proof depends on the type of case but if it's a criminal case it's always beyond a reasonable doubt. If you're charged get a lawyer.

View More Answers

1 Answer | Asked in Internet Law for New Jersey on

Q: my son is arrested for recording a girl doing sexual acts on her phone. Also this happened about 3 years ago when 15

They were dating, he was recording while they were together so she had knowledge Did they have to wait for him to become 18? What is the worst cast scenario? He’s being charged with invasion of privacy and cyber bullying

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

No they don't have to wait until he is 18 to Charge Him. Get him a lawyer now or if you can't afford one a public defender.

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: would it be proper protocol for an police officer to inform you of additional traffic tickets will be mailed to you?

At court I was informed by the judge of this up to 30 days an officer can write additional traffic violations tickets then mail them to you, so my ? Is are the police required to inform you of that at the time of incident took place?

H. Scott Aalsberg Esq. answered on Jun 10, 2019

No the police are not required to tell you they are going to send you more tickets, they can just do it. I would suggest hiring a lawyer this doesn't sound good.

View More Answers

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: i started paying my tickets but stopped half way thru and haven’t paid anymore money for at least a month but no

warrant sent to my house and when i got pulled over recently i was told my license was clean. what’s happening? should i expect a warrant or what?

H. Scott Aalsberg Esq. answered on Jun 10, 2019

It can take, days, weeks or even months for a warrant to show up, don't risk it as then you will have to pay much more. Call the court say you need a new payment plan, they will give you a court date and you can discuss this with the judge and bring some money with you. Its better to ask for... Read more »

2 Answers | Asked in Car Accidents and Traffic Tickets for New Jersey on

Q: Was cited for careless driving for an auto accident I was involved in. What does the state have to prove to convict?

The case is several years old and the cop did not witness the accident. Would the witnesses listed in the police report be required to testify or would the courts rely on the police report as evidence for trial. The reason I ask about that is the where the location of the witnesses live and would... Read more »

H. Scott Aalsberg Esq. answered on Jun 8, 2019

All the state needs is the police officer who came to the scene it's called accident reconstruction they do not necessarily need the witnesses unless they feel they have a week case. As for proof all they have to show is that you drove without due caution or circumspection so for example let's say... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Federal Crimes for New Jersey on

Q: Adp mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll

mistakenly sent taxes on payrolls that were done in error by an employee that did not know how to process payroll accurately. Payrolls were voided immediately (proof can be provided by adp)

But taxes and paycheck monies were drafted out of my pnc account totaling over 200k my bank was... Read more »

H. Scott Aalsberg Esq. answered on Jun 7, 2019

You really need to seek an in person consultation where the attorney can see all the paperwork to give you a proper answer, but expect to pay for the attorneys time as that is not part of the normal criminal free in office consultation.

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: need an office consultation with a traffic ticket lawyers

how can we arrange as soon is possible an office consultations with some of yours traffic ticket lawyers

We live in Monmouth Junction 08852 Nj

Regards

H. Scott Aalsberg Esq. answered on Jun 5, 2019

You need to click on one of our profiles and call the number you see. For example my office offers a free consultation if you are charged with a traffic ticket and you are looking for a lawyer to represent you in the case. You can setup this free in office consultation by calling 1-800-9-RIGHTS... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: My wife received a ticket for NO Driving license.

My wife received a ticket for NO Driving license. But she provided the international driving licenses + Italian country driving license + passport and Visa.

The officer refused the IDL and said that you cannot drive with an international license here in NJ.

Is this true? what can we... Read more »

H. Scott Aalsberg Esq. answered on Jun 5, 2019

The cop maybe right unfortunately many international driver's licenses are fake and are not the one that is recognized by the State of New Jersey. I suggest you set up one of the free in office consultations that some of us traffic ticket lawyers offer. This is a serious offense with serious... Read more »

2 Answers | Asked in DUI / DWI for New Jersey on

Q: What dose NJ violation 2C : 12-1C (2) mean and how bad is it

My son dwi last night

H. Scott Aalsberg Esq. answered on Jun 1, 2019

The answer depends on how bad you consider the possibility of up to five years in jail, because that's what he could serve depending on the facts of this case and which degree of crime he was charged with. Most people would consider this a very serious offense and because prosecutors generally ask... Read more »

View More Answers

2 Answers | Asked in Contracts for New Jersey on

Q: current agent will not give unconditional release. How long do I have take the house off the market before relisting?

H. Scott Aalsberg Esq. answered on Jun 1, 2019

Depends on a contract which a lawyer would need to read to answer your question.

View More Answers

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: I had my vehicle parked on my moms property and the township tolled it without any notices. Is this legal?

I was issued a total of 10 summons From failure to make repairs to abandonment on a highway and car was parked against fence of family property. I’m so confused

H. Scott Aalsberg Esq. answered on May 31, 2019

Much more information would be needed to properly answer your question, but you're not allowed to abandon a car on your property or on public property however if it's on your property you have a much better defense depending on the circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.