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New Jersey Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for New Jersey on
Q: When applying for a firearms ID card in N.J. what is the technical definition of an “alcoholic.”
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2018

Biggest thing you have to worry about is any alcohol related charges such as DWI, Possession of Alcohol as a minor etc, etc.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Hello
Leonard R. Boyer
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answered on Mar 24, 2018

That is not a question.

1 Answer | Asked in Uncategorized for New Jersey on
Q: If there is a correct address on my search warrant but the rest of the paper has an incorrect address, what effect it h

search warrant for my house was out, there is 2 address on my paper one says road(correct) Every other time the address is avenue. Is there anything I can do about it even though the the search happened? I'm not in a good spot so I'm looking for help

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 6, 2017

If your not in a good spot get a lawyer, a good criminal lawyer would need to review the search warrant to tell you whether it would allow you to throw out the search.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Can a buyer legally prepare an Agreement of Sale in a FSBO, or must it be done by the Seller/Seller's atty?
Leonard R. Boyer
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answered on Mar 25, 2016

It should be done by the Seller's attorney. All parties to a real estate transaction need to be represented by their own counsel.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Can a buyer in NJ legally prepare a contract in a FSBO, or must it be done by the Seller/Seller's Atty?
Leonard R. Boyer
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answered on Mar 25, 2016

It should be done by the Seller's attorney. All parties to a real estate transaction need to be represented by their own counsel.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Why was I told there was 2 points to be added to my driving abstract for statute 39:4-94.2B violation in NJ. The judge

Fined me $156.00 plus costs when the maximum fine was supposed to be $100.00. This was on 3/24/2016. Thank you.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 25, 2016

Generally this is a no point ticket but you should always check with NJ MVC the phone number is available online. Lastly the judge can always fine you from $50 to $200.00 on these tickets when you go to court.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Can I as a soon to be college student move out without my parent's consent being 17?
Leonard R. Boyer
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answered on Mar 25, 2016

NO, you are not emancipated. You need to work out your differences with your parents. Good luck

1 Answer | Asked in Uncategorized for New Jersey on
Q: This is in regards to surplus funds after sheriff sale and judgement liens in the State of NJ

This is in NJ-- there were surplus funds after house sold at sheriff sale when 1st lien holder foreclosed. 2nd lien holder was named as defendant but did not include themselves in the foreclosure proceedings. Received notice from NJ stating we may have a right to the surplus and we needed to file a... View More

Leonard R. Boyer
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answered on Mar 20, 2016

The only way to rally provide you with meaningful advice is for you to have an in person consultation and a document review of all the relevant items. Only that way can you know for certain. Good luck.

1 Answer | Asked in Uncategorized for New Jersey on
Q: What is 2C:33-4a
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 20, 2016

Harassment: and it is a very

inclusive charge. It is one of the most common offenses

charged in Municipal Court and it is broad and wide ranging

in the conduct it can encompass. Harassment is sometimes charged

as a downgrade charge to many offenses such as...
View More

1 Answer | Asked in Uncategorized for New Jersey on
Q: What is 2C:33-4a
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 20, 2016

Harassment: and it is a very

inclusive charge. It is one of the most common offenses

charged in Municipal Court and it is broad and wide ranging

in the conduct it can encompass. Harassment is sometimes charged

as a downgrade charge to many offenses such as...
View More

1 Answer | Asked in Uncategorized for New Jersey on
Q: I purchased a foreclosed house that was advertised as connected to a public sewer.

I purchased a foreclosed house that was advertised as connected to a public sewer. After I closed on the house, I found a septic tank on the property that was broken and failed 2 inspections. The closing attorney I used informed me after I found the tank that he had in fact had the title report... View More

Leonard R. Boyer
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answered on Mar 20, 2016

You should look to retain a legal malpractice attorney. More specific information is required to advise you on the rest of your questions. Good luck.

1 Answer | Asked in Uncategorized for New Jersey on
Q: What is the fine for using someone else's handicap tag on a regular parking spot meter in NJ?

I bought a vehicle about a year ago, inside of it had a handicap placard tag. I never threw it out and kept in the vehicle. A couple days ago I went into a hospital which had regular pay parking meters and I decided to park on one of them with said handicap tag. I was given a ticket with the code... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 15, 2016

This appears to be a municipal code violation not the state violation so you would need to lookup the statute number in the town that you received the ticket and look at the penalty listed. If the statute involves jail I suggest that hire a good lawyer traffic and criminal lawyer. Some towns and... View More

1 Answer | Asked in Uncategorized for New Jersey on
Q: can my managament tow my vehicle with valid handicapped plates and placards

i was given permission by one management official to park temporarily unregulated until my second vehicle was repaired and then removed from the premises. i complied with EVERYTHING they asked of me and now a different person on management, responding from a complaint from a tenant who was unaware... View More

Leonard R. Boyer
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answered on Mar 16, 2016

It is not a question that can be answered on a simple yes or no basis. Your handicaped plates and placards do not protect you from parking in a way that breaks the law. Good luck.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Is the owner of a 3family house required to install window guards if the owners live in the house?

The 2nd floor tenants have a daughter who will be 10 years old in a few month. They are considering requesting window guards.

I have read that owner occupied buildings are exempt from the requirement in a lawyerly article and a law book. Other publications do not say anything for or... View More

Leonard R. Boyer
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answered on Mar 17, 2016

This will vary according to town ordinances. Call the code enforcement dept. Good luck.

1 Answer | Asked in Uncategorized for New Jersey on
Q: i am sending form i485 should i send medical examination result with it or bring it to interview?

i am applying for adjustment of status through marriage and when should i send my medical examination results?with i 485 form or i can bring it to interview

Leonard R. Boyer
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answered on Mar 14, 2016

Here is a link to the instructions to form I 485. https://www.uscis.gov/sites/default/files/files/form/i-485supainstr.pdf

you should retain counsel to handle this matter for you.

2 Answers | Asked in Uncategorized for New Jersey on
Q: Unknown suspended liscense until pulled over by police

I had bought a new car in 2014 and unfort I could not keep up with payments so I need to volunteer to my repo my car. My car insurance ended in March of 2015 as per old ins co and lapsed till July when I turned in the plates (never drove car was out of work and did not receive notices) (possibly... View More

Leonard R. Boyer
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answered on Mar 16, 2016

You need to retain counsel right away and have counsel contact the Court on your behalf and appear in Court with you. Good luck.

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1 Answer | Asked in Uncategorized for New Jersey on
Q: in PA is there an attorney review period where either party can change the terms of the agreement within 3 days
Leonard R. Boyer
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answered on Mar 17, 2016

You need to ask this question in PA, not NJ

1 Answer | Asked in Uncategorized for New Jersey on
Q: I want to become a lawyer in the state of New Jersey but would like to study in New York can I do that?

because New York and New Jersey have different laws

Leonard R. Boyer
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answered on Dec 8, 2015

Yes, of course you can do that. I am originally from NYC. I went to law school in NYC and I am licensed to practice and live in NJ. I recommend getting licensed in both NY & NJ. Good luck.

1 Answer | Asked in Uncategorized for New Jersey on
Q: My Mother passed away with no will. She has a pending settlement and 2 adult children who gets the settlement?

One of her adult children is in charge of everything conserning her death and affairs. Her other child is a convicted felon and been estranged from her for many years. How do we make sure the felon doesnt get part of this settlement?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 4, 2015

You write that one of her children is in charge of everything. Has this person applied to the court to be appointed personal representative (executor)? Depending on the intestacy laws in your state (that is, the state where your mother resided), it is quite possible that the other, felonious... View More

1 Answer | Asked in Uncategorized for New Jersey on
Q: First offense for writing a bad check what can I expect
Leonard R. Boyer
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answered on Sep 7, 2015

That will depend on the amount of the check and whether or not there are any other pending charges. Good luck.

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