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New Jersey Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Probate for New Jersey on
Q: Life Insurance Policy Missing

Deceased woman left a life insurance policy in her husband and son's name. The son was serving as her executor. Father told son her wishes were for him to divide it between her four children. He told dad he put it in his name because he didn't want to be taxed on it. His father said, in... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 19, 2020

You never stated who you where so you may not have any case at all but the father may.

2 Answers | Asked in Criminal Law for New Jersey on
Q: How long after you completed your sentence in NJ can you file for expungement?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 12, 2020

Depends on the offense committed assuming the offense is expungable. Speak with a lawyer to determine your eligibility.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is this a 1st degree charge
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 11, 2020

Without more information it would be impossible to tell you. You can also call the court and ask they will have all the information about the case.

1 Answer | Asked in Car Accidents and Criminal Law for New Jersey on
Q: Does 2C:12-1.1 state that a person can be convicted for both agg. assault and assault by auto with 2 separate sentences?

"If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1."

I just want to clarify if this means that the defendant can be charged for both of these... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 4, 2020

More information is needed however, Generally a good lawyer can prevent a conviction on all of these charges and only have you plead to 1 or 2 out of 4, if you are in fact guilty of the crime. But everything depends on the facts of the case. If you don't have a lawyer get one as your looking... View More

3 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Is it legal for a official to use torture to get you to agree to take a plea?

Sleep deprivation and touching of intimate spaces over and over. Want force a deal for something I do not owe and am innocent of. I have signed nothing. do rights pertain to people who are not being detained but are being harassed and targeted too.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 28, 2020

Everything depends on the facts of your case such as were you put in a room and questioned for 16 hours probably yes. Were you put in a room for 2 hours and signed a Miranda Form probably not, but everything is up to the judge.

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Can one still be sentenced to prison during the pandemic?

I have virtual court next week from a court date that’s been pushed back since March. My ex assaulted me, leaving me to have emergency eye surgery and vision loss. Can he still be sentenced to prison with everything going on? Thanks in advance.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 24, 2020

Yes he can still be sentenced to prison, make sure the prosecutor knows of your injuries.

2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for New Jersey on
Q: Need to know, does one need to show their martial-status on the deed of ownership in NJ? Thinks 25% is his.

Believe a man I love is being wronged and abused, for years; by one he thinks is his wife. After hearing from his family I've investigated; what's found is shocking?! This woman pushed him into marriage by having a child; And in 5 yrs 6 ms 19 ds, now…!? From " I Do"... View More

Timothy Denison
Timothy Denison
answered on Jul 20, 2020

Yes. Single or married.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi, how do I find out who was the preliminary hearing judge on a criminal case in nj or a docket number?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 19, 2020

Quickest way is to ask your lawyer as he or she will probably remember. If not the other quick way would be to call the court and ask.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Do I have the rights to be sentence in person rather than zoom video call by the judge
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 14, 2020

Very good question you should read the Omnibus orders that the Supreme Court has handed down for what you can and cannot do. Since we know nothing about your case it would be improper to advise you otherwise. If you have a lawyer best to ask him or her as they know your case..

1 Answer | Asked in Criminal Law, Employment Law, Federal Crimes and Sexual Harassment for New Jersey on
Q: Is there a Statute of limitations in NJ for sexual assault? Can I stay anonymous? This person was just publicized.

This happened at a place of employment.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 14, 2020

Yes a statute of limitations does exist both for the criminal charges and the civil charges. Speak with a lawyer if you have been assaulted you may be entitled to a large recovery for your injuries.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: How long does a temporary refrain from order lasts?

My ex girlfriend (children's mother) assaulted me and was given a temporary refrain from order by criminal city court. We have two children together.

She was just served 4 days ago. Honestly, I want her off that order, its divided her from our children.

I forgive her for her... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 13, 2020

It lasts until either the court issues a final order or dismisses the case. Thus you will have to wait until your day in court. I suggest she hires a lawyer to give her the best chance of a dismissal.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I get a record expungement for a conviction of conspiracy to burglary from 2004?

I was arrested in 2004 and charged with two burglaries and two conspiracy the burglaries. I sat in Camden county jail for almost 6 months for them to investigate on trial. Now I know there was no evidence against me because I know I had nothing to do with it. I was set up by a former friend. Now I... View More

James A. Abate
James A. Abate
answered on Jul 13, 2020

A burglary conviction can be expunged if you are otherwise eligible (6 years since completion of sentence), no more than 2 disorderly persons offenses and no other felony convictions.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi I need a pro bono lawyer for a federal criminal investigation, where i can find it?
Carl Scott Spector
Carl Scott Spector
answered on Jul 10, 2020

There is a Federal Defenders Office in the New Jersey Federal District that you could speak with.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can you be ticketed the day after an alleged offence of being a public nuisance and having an open container in street

The police showed up and gave my neighbor those tickets today but it was yesterday. Also, the police office called him over from his own yard and asked him to step into the street to speak to him and he did but was holding an alcoholic beverage at the time

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 5, 2020

Depends on the offense of what he was charged with on how long the police have to issue a violation. Some violation have as little as 30 days to be issued some have up to 5 years. Speak with a lawyer to determine what the statute of limitations is on your violation.

3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: Would prosecutors have been allowed to bring criminal charges against the priest?
Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

Not enough information. Yes, no, maybe.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: How can I get more information on a case
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 3, 2020

If your looking for more than public records it would depend on how you are related to the case.

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2 Answers | Asked in Criminal Law and Identity Theft for New Jersey on
Q: Hello I live in condominium. I was taking out my garbage and this lady was recording from her condo. I live in NJ.

Is this legal? And what should I do? I feel like my privacy was affected by this? What legal steps should I take? The garbage container is right in front of my house and she lives across the street.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 29, 2020

As long as you are outside and she is not on your property trespassing, she can record whatever she likes, just like everyone who records police officers today.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can 3rd degree official misconduct charge be downgraded after probation in NJ
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 25, 2020

If you already got probation that means that you plead guilty. Once you plead guilty you cannot then have your charges downgraded.

1 Answer | Asked in Criminal Law for New Jersey on
Q: I Was Charged With Failure To Disperse, Now They're Trying To Reduce To Disorderly Conduct; The Body Cam Will Show

I Was Walking Away, and The Cop Sprinted Towards Me! Housing Authority and Body Cam Will Prove That; Is Pleading To Disorderly Conduct My Best Option??

Carl Scott Spector
Carl Scott Spector
answered on Jun 24, 2020

Thank you for asking your question. In order to properly advise you, you and your attorney would need to review all the police reports, video and audio. I suggest that you consult with an experienced local attorney about your case.

-Carl Spector, Esq.

1 Answer | Asked in Consumer Law and Criminal Law for New Jersey on
Q: Is it legal to purchase paystubs and use them for renting
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 22, 2020

It could be considered fraud among other possible crimes. Never try to trick someone when they are giving you something of value in this case a rental agreement lets say.

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