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New Jersey Questions & 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 »

1 Answer | Asked in Social Security for New Jersey on

Q: Hi my wife is younger than me and on SSI disability. I am at full retirement age. Am I allowed to apply for spousal SSI

Spousal SSI and then delay taking my own SSI until a later date.

Jerry Lutkenhaus answered on Jun 18, 2019

I am afraid there is no spousal SSI which is a welfare program. If you are at full retirement age, then you can apply for your Social Security Retirement benefits.

1 Answer | 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.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on

Q: My mother in law is debt about $100,000 She owns 2 homes outright and believes that the debt dies with her Is she right?

She lives on the rental money from a condo and lives in the other home. We have been trying to have her put the houses in her daughters name but she wont because she uses the tax breaks from owning the homes.

Bruce Alexander Minnick answered on Jun 17, 2019

Maybe not. Depending on the kind of debt, if the creditors want to enforce their rights they can sue your mother's estate (i.e., the houses and ay other assets she owns) after she passes. Consult a collections lawyer.

1 Answer | Asked in Family Law for New Jersey on

Q: What are my rights in the state of NJ if my 17 yr old doesn’t come home by curfew?

Am I able to lock the door for the night and he can sleep by a friend’s house?

Brian Winters answered on Jun 17, 2019

You can certainly lock the door. That’s being safe.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for New Jersey on

Q: I cosigned a car for my brother and he is not making payments. Can i take him to court to take the car if i pay it off.

I cosigned a car for my brother and he is not making payments for 5 months. Since we got the car he has been making late payments. Can i take him to court to take the car if i pay it off. Me and my brother's name is on the title. If i pay the car off, the bank will send the title to me. Can i take... Read more »

Bruce Alexander Minnick answered on Jun 13, 2019

In most states either person named on the title has the ability to sell it or to do anything else with the car. If you pay it off the bank will give you a new title, which you can use any way you want.

1 Answer | Asked in Immigration Law for New Jersey on

Q: Is there a way for a Green card holder to have a parent come to live in the US BEFORE citizenship? And a sibling?

I’m a green card holder and can apply for citizenship in 2 years. My mom currently lives with my sister abroad. My sister will come here or go to Canada for college on an F1 visa. I want my mom to be able to move here too as she has no one else left in that country. If my sister studies here, can... Read more »

Hector E. Quiroga answered on Jun 13, 2019

It is a complicated process. First, you can’t petition for your mom until you are a citizen. Your mom can try to come as a tourist, but the amount of time she will be allowed to stay is limited, and the government will likely be suspicious that she will overstay and apply for a green card once... Read more »

1 Answer | Asked in Family Law for New Jersey on

Q: How do I get certified copy of name change certificate, that was issued as part of naturalization?

How do I get certified copy of name change certificate, that was issued as part of naturalization? Right after naturalization I was able to get US passport with new name as well as updated my name with Social security office. Lost that certificate and now DMV needs that certificate? USCIS won't... Read more »

Teresa L. Reichek answered on Jun 12, 2019

You need to go to the authority that authorized the name change. If you changed your name incident to divorce then you go to the family division in the county where you were divorced.

If you changed your name in the court and it did not involve a divorce then you need to contact the law...
Read more »

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?

Leon Matchin answered on Jun 12, 2019

It depends on whether you are with or without binoculars and/or a telescope.

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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.

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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.

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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.

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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 »

3 Answers | Asked in Family Law and Child Custody for New Jersey on

Q: What will happen in court on the June 24th. Will the judge grant him.

We are originally moved from nj to ga June 2017. My son dad is on parole so I had to find a place so he can get approved they approved him in December 2017. Our relationship did not workout, while I was at work he dropped my children off at my aunt's house caught the greyhound bus and went back to... Read more »

Leonard R. Boyer answered on Jun 8, 2019

There is no way to predict what a Judge will do, however it appears that based on what you stated, you are the more appropriate person to be the primary custodial parent. Without a detailed review of you situation and the pleadings he filed, no one on this forum can give you meaningful advice. But,... Read more »

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1 Answer | Asked in Consumer Law for New Jersey on

Q: Jiffy Lube damaged my car , $6,151 in damage. Jiffy Lube may pay me barely book value. Car worth $1,000. Can i get more?

On 3/23/2019 I had Jiffy Lube’s “recommended” maintenance schedule work done on my Toyota matrix wagon at Store #457,New Jersey, 973-586-3338. Lubrication LLC., 133 Route 46, Rockaway, NJ. 07866. My vehicle at the time had 184,964 mileage on it. Jiffy Lube representative, Representative:... Read more »

Leonard R. Boyer answered on Jun 8, 2019

Your situation is complex and unless the NJ Consumer Fraud Act is applicable, that will servery limit the amount on money that you can recover. Your situation will require an in person consultation.

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 »

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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 Divorce, Family Law and Child Support for New Jersey on

Q: What can I do if I'm paying child support and cannot afford living arrangements for myself

living homeless And getting a second job results in payment being separated between both jobs and my ex wife is undergoing cancer treatment and has not been employed

Brian Winters answered on Jun 7, 2019

Maybe the child support is not commensurate with the child support guidelines. You should consult with an attorney to find out.

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2 Answers | Asked in Child Custody and Child Support for New Jersey on

Q: If mother has no custody but visits the child once a month can I file for child support ?

Andrew M Shaw answered on Jun 6, 2019

Absolutely. Under the 2010 Appellate Division case of Colca v. Anson, "parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent." Notably, child support does not belong to either parent. Under the 2002... Read more »

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