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New Jersey Municipal Law Questions & Answers
1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: If my front tinted windows were all the way down and I have no tint on front windshield just rear windows and rear back

Is it probable cause to write me a ticket while ot was still a little light out also. If so I'm trying to pull up the price for 1 n hf weeks now and Newark NJ isnt coming up that on the internet and not answering phones.Do you know around what price ? Thank you

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 20, 2020

Unfortunately your not allowed to have tinted windows in NJ unless you have a medical exception, they are factory tints or your tints is no more than the legally allowed percentages.

2 Answers | Asked in Immigration Law and Municipal Law for New Jersey on
Q: What measures do a couple who are age apart and one illegal have to make?

The couple is 13 years apart and the man is of illegal status. Will there be any complications in the process of trying to get married? Also let's say the girl is trying to get a legal status for her parents, will her getting married affect that as well?

Matthew J Hartnett
Matthew J Hartnett answered on Apr 30, 2020

The age difference shouldn't matter. The key for marriage based immigration is that the marriage has to be "bona fide", which means that the marriage cannot only be for immigration purposes. They have to want to be married to each other even if you remove immigration from the... Read more »

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2 Answers | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Is it worth pleasing not guilty to nj39:4-81
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 4, 2020

The answer depends on many factors such as do you have any points on your license are you a US citizen or do you drive for a living if so the answer is definitely yes and hire a good lawyer. If you don't fall into any of these categories then maybe it's just worth paying it because of... Read more »

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1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Car towed from front of parents driveway on dead end. Only driveway there. Can I fight ticket and get tow expense back

Parked in front of parents driveway on dead end street for church on Sunday. Arrived about 9:30 for church which started at 9:00. Car gone when leaving and found to be towed. No one at church or home called in car. Report from police to release car says call made at 8:13. I was still at my home.... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 17, 2020

You would need to check the borough ordinance for your city or town however generally it is never acceptable to park in front of a driveway even if it is your own.

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Was charged with 2c:35-10c and was just put on Conditional Dismissal. First drug offense and I'm a nervous wreck
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 3, 2020

Get yourself a good lawyer to reduce the penalties you face with your new charge and your old charge which will now come back to haunt you. Just remember the old saying a good lawyer is never cheap and a cheap lawyer is never . . . as they say in life you get the quality you pay for

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: 2c:35-10c

Was charged with this and on a conditional discharge

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 3, 2020

That means you face the full penalty of your new charge and will be kicked out of the conditional discharge for your original charge and face those penalties also. I suggest you set up a consultation with a good lawyer to give yourself the best chance of avoiding the full penalties you face.

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?

I am the plaintiff. I have excellent proof. Is there any way I can get prosecutors to change it to Superior Court?

Howard Lesnik
Howard Lesnik answered on Dec 19, 2019

Prosecutors have the discretion on whether to keep the case in Superior Court, or downgrade it to Municipal Court. You can provide your proof of loss to the prosecutor and request restitution, or you can file a claim in special civil part to recover your damages.

2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 8, 2019

Generally a case like this would be downgraded to municipal court because the proofs against the defendant are weak. Prosecutors know that the conviction rate in Municipal Court is much much higher than in Superior Court especially for theft charges.

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1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: What is the difference of being charged in municipal court in NJ vs being charged in Superior Court for $5200?

Theft by deception charge, Middlesex County, NJ. Thx for your answer. However, it is actually being heard in Municpal Court, NOT Superior Court. The charge is for the Amt. Stated. Why is it being heard in Municipal Court?

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

A very big difference in Municipal Court you're only subject up to 180 days in jail and up to a thousand-dollar fine. However the amount taken must have been under $200 to be in Municipal Court. Amounts taken over $200 and up to $500 is in Superior Court and subjects the offender to up to 18... Read more »

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: What do I do next?

Hi so I had a fine from a conditional discharge that I thought i paid off and I paid the fee to get my license reinstated after getting it suspended for missing a payment for this fine. 2 months after I got pulled over and given a license suspended ticket. I go to the municipal office where my fine... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 28, 2019

It doesn't just get dismissed without a good lawyer. The court does not send payment reminders they send warrants, license suspensions and failure to appears. You have to defend this case and good lawyer should be able to definitely help you win, reduce or eliminate the penalties that you... Read more »

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: I have court for leaving my car in an abandoned property for 2 hours. My car was also towed. Thisi is my first offense

What can I say in court & what chance do I have

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 28, 2019

The defense would be based on the reason why you left the car on the property.

2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Municipal Law for New Jersey on
Q: I was ask to take breathe test but machine was broken so I was told I don't have to take it then I was charged with ref

It was more than 120days when it was heard so what can I do about it plus I was giving 6 months in jail. It was heard in different court

Howard Lesnik
Howard Lesnik answered on Apr 26, 2019

DWIs and refusal cases are very serious and you can lose your license for 7 to 12 months for a first offense. You should consult with an attorney to see if the police followed the requirements in order to administer the Alcotest. Also, an attorney can examine whether the machine was calibrated... Read more »

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1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: I’m trying to find out what New Jersey’s law is for fire trucks responding with emergency lights on but no Sirins

Emergency lights are on truck driving, passing cars all without an audible sirine, horn, or whistle.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 6, 2019

3 Areas you can look at to start 1) the New Jersey Statutes, 2) the NJ administrative code and 3) your towns municipal ordinances.

1 Answer | Asked in Municipal Law for New Jersey on
Q: Hello, did violation code 39:4-144 have point or not?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 14, 2019

Yes it has 2 points, if you need to get rid of these points and have the least effect on your record, your best option is to hire a good lawyer.

2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Q: I have a disorderly person offense that I missed my court appearance on in municipal Court in Camden county NJ.

I called the local township to either possibly have a new court date issued, or to voluntarily appear in court the next session. Was informed by the court clerk that a $799 warrant had been issued for FTA. Was told a new court date couldn't be issued, or voluntarily appear at next session... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 14, 2019

The bail reform act did not cover cases in Municipal Court. You need to pay the warrant. I would also suggest hiring a lawyer for the disorderly persons offense if you cannot afford one after you pay the warrant you can apply for a public defender.

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1 Answer | Asked in Traffic Tickets, Criminal Law and Municipal Law for New Jersey on
Q: Can my son go to jail for a violation of PTI?

My son had a 4th offense driving while suspended back in 2015 which he never paid the fine off. He is currently on PTI for a criminal offense (1st one). His friend was stopped on a motor vehicle incident and my son had a warrant. He spent the night in county and has a court date this month. He is... Read more »

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

Yes it is possible he could go to jail, but much more information would be needed to assess what would happen in his case. I suggest you speak with the lawyer who handled his PTI CHARGE as he would know best, or setup a consultation with a new lawyer if you were not satisfied with your prior... Read more »

2 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Municipal Law for New Jersey on
Q: Can I file a tort for minimal damages against the prosecutor and officer for maliciousness

Was pulled over out of district for a mantanice of lamp violation in nj by a out of town officer. He did jot contact the town police to write ticket in the book. Proceeded to say he is searching me cause he didn't like my attitude which I have recorded. Arrested me for alleged marijuana... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 1, 2018

you posted your question under criminal law you need to repost your question under civil rights so a civil rights lawyer will see your question.

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2 Answers | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Municipal Law for New Jersey on
Q: When and how can a file a lawsuit against either a police officer, police station or township for a dismissed charge

I was pulled over for being on my phone but never got a ticket for it. I got a ticket for a break light that was functioning, possession of controlled dangerous substance, possession of con. Dangerous substance in a M.V. a bill is being viewed for marijuana and is being postponed again for 2 more... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 3, 2018

Best ways to contact a civil rights attorney.

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1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Jersey on
Q: What is considered enough time to speak to your lawyer before a court appearance that is not first appearance.

4 weeks of reaching out to my attorney... court is in 2 weeks. What is concidered enough time to speak to your attorney before court? I have material that needs to be reviewed, motions that need to be filed. Nothing has been done but a phone call every day to his office. I have all of discovery.... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 31, 2018

No set time, every case is different it depends on the facts of your case the charge that you have and what needs to be done.

1 Answer | Asked in Municipal Law for New Jersey on
Q: prior to a tax sale for delinquent water bill, is township allowed to post your information in public places around town

they advertise in the newspaper 4 weeks prior to tax sale, but now say they will post the information in public areas around town, for example, the library, etc

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 11, 2018

It is a public record thus on the face of it, I don't see a reason why they couldn't BUT you may want to hire a lawyer to investigate this for you and get a certain answer.

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