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New Jersey Questions & Answers
0 Answers | Asked in Gov & Administrative Law for New Jersey on
Q: Does New Jersey App.A:9_49 states any person shall: who are they referring to

does this statue is simply one of those acting as government personnel and this statute doesn't apply to the people, who are in the private?

3 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 »

0 Answers | Asked in Estate Planning for New Jersey on
Q: Net income unitrust states beneficiaries receive actual income on asset annually We are beneficiaries of NIU from BOA.

They pay us based on which investments pay distributions. Only. As asset and income on asset have grown, our distributions have shrunk. Is it possible to have an audit or examination on the trust? Is this something we should have done yearly? 20 yr trust ends Oct 25th. In the past yr a million... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: 39:3-40 & 39:6B-2. Car was parked on a public street & towed. I was not present. I wasn't driving or operating vehicle
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 20, 2021

Unfortunately a car needs to have a valid registrations and Insurance as long as you own it and have it on a road even if parked. Get a good lawyer to reduce the penalties your face.

1 Answer | Asked in Child Support for New Jersey on
Q: Married over 30 years. Youngest 2 of 6 children are Freshmen & Sr. in college. Hubby wants divorce but does not

want to pay spousal or child support for the 2 college kids. Now in my mid 50's, I have no income and we cannot afford divorce, as per multiple attorneys from previous consultations. About $100,000 equity in the house, $30,000 in 401K and he has $40,000 in separate personal account from... Read more »

Richard Diamond
Richard Diamond answered on Sep 20, 2021

I dont know if any of the lawyers you met with for consultation purposes were specialists, but presumably during your consultation[s], you discussed your employment history, your husbands current employment setting and your employment potential to determine what your husbands support obligation... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: my mortgage is held by my families estate, can they foreclose on my house if i missed a few payments sporadically.
Leonard R. Boyer
Leonard R. Boyer answered on Sep 19, 2021

Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: If a breathalyzer gets result is 0.0% is the violation still prosecutable?

my son (20 years of age) was arrested for a DUI in Howell Township, NJ based on the visual and physical exams at roadside. He admitted to the officer that he had consumed alcohol several hours earlier in the day but was currently sober. He was cooperative, and was arrested, taken to the police... Read more »

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

Yes it is prosecutable because he may have not been under the influence of alcohol, but instead under one or more types of drugs which made him unable to perform the sobriety tests. Note that although alcohol is legal and marijuana is legal it is not legal to drive with them in your system. Also... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: What do I have to pay in Capital Gains taxes in NJ on a home sold as part of an estate - $310k

Sold my inlaws home after death for $310k. What taxes need to be paid on it to NJ?

Morris Leo Greb
Morris Leo Greb answered on Sep 17, 2021

The question is incomplete. You failed to give the basis. In any event this is a question best asked of a CPA.

0 Answers | Asked in Business Law and Employment Law for New Jersey on
Q: In the state of NJ are their laws for on-call requirements? What would make it turn from on-call to hourly compensation?

Upon hire, a company says "mandatory on-call" as per scheduling that will be given out at beginning of month. My understanding is on-call means you are still free at will to be with your family, are not limited to having to "work" for hours straight....

After working... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I am an unemployed mom who's husband is now withholding his income, the household income, in an effort to

control me. Is this considered domestic abuse in NJ?

Richard Diamond
Richard Diamond answered on Sep 16, 2021

If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... Read more »

0 Answers | Asked in Employment Law for New Jersey on
Q: I work privately for a psychiatrist without any signed/verbal contract. Am I entitled to receive vacation pay for days

Not taken over a three year period if still employed by him? If not employed by him, to what degree am I entitled to the 10 day vacation pay plus the last week of work as I am paid a week in advance?

2 Answers | Asked in Employment Law for New Jersey on
Q: I am appealing my NJ unemployment case and would like to know if it is wise to get a lawyer? need free council

I am unemployed and receive NJ snap benefits. I am negative in my bank account and I can not afford council. is there help for me?

Paula M. Dillon
Paula M. Dillon answered on Sep 15, 2021

you can reach out to legal services. Otherwise, most lawyers will charge a fee. You are not required to have a lawyer although it may be helpful.

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: If someone threatens to kill an unborn child and the mother of the child would that be a from of criminal coercion.

There is a active TRO on the father.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 14, 2021

At the minimum it is a criminal offence of harassment. Report this conduct to the police.

3 Answers | Asked in Divorce for New Jersey on
Q: See below

I wa t to leave my husband of 20 year's and I'm a little concerned on how he will take it . He does have a temper. We have no children , but we have 11 acres of land with a 38 ft 5th wheel . We also have acquired lots of merchandise for the property . . We have a small savings and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 13, 2021

Your situation is beyond the scope of this forum and a personal consultation and a detailed discussion of your entire situation with an experienced matrimonial attorney will be necessary to provide meaningful advice. During this pandemic, you have a choice of either seeing your attorney in person... Read more »

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0 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Am I entitled in NJ to 7% interest on security deposit if it wasn't put in a bank?

My ex landlord has never shown me and refuses to show me proof that my security deposit was ever put in the bank as required by law. I believe I am entitled to 7%. He argued with me and said I'm only getting .5 and I got a $1707.75 check for a $1600 deposit for 7 years.

0 Answers | Asked in Gov & Administrative Law for New Jersey on
Q: Can I sue the state of new jersey?

My public defender not responding to me, I was asking her about my final decision when I seen the judge April 21,2021 and still my public defender never gave me can I sue the state of new jersey ? Because she works for the state new jersey.

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