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New Jersey Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Can I withdraw my guilty plea of eluding police (car chase) if I fired my lawyer due to misrepresentation?

My ex-lawyer advised me to plead guilty to get into drug court (Zanex) because he said, "everyone gets into drug court once"!

So under his advisement, I pleaded guilty.

Also lack of urgency by my lawyer to obtain video tape of police assault and lack of obtaining Police video/audio... Read more »

Gary Kollin
Gary Kollin answered on Oct 15, 2019

You can try

If you withdraw it, can you win?

Police miscondiuct of the nature you describe is not a defense to drug possession

1 Answer | Asked in Small Claims for New Jersey on
Q: Do I have a case against my ex?

I bought a car off of my ex while we were together. Unfortunately, I never got a written contract or payment receipts. I only have text messages of him saying he will sign the car over to me soon, me asking when he'd sign the car over to me soon, and practically begging for him to sign the car over... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

If you have text messages showing that you paid him for the car and requesting that he give you the car, I would recommend filing an action in small claims court seeking your money back. The text messages will help you prove that you and your ex had entered an oral contract whereby you offered him... Read more »

1 Answer | Asked in Civil Litigation and Elder Law for New Jersey on
Q: How do I obtain the proper lawyer to remove solar panels due to fraud?

A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks broke English... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract.... Read more »

1 Answer | Asked in Family Law and Estate Planning for New Jersey on
Q: how do i get a copy of a settlement agreement for a case form 1987 in second court in connecticut. my brother just died

My brother died in Dec who has a settlement agreement with AIG and large sums due in 2020 and 2025. I dont know how the agreement was written up. I am the administrator for the estate.

Noel Rivers
Noel Rivers answered on Oct 15, 2019

As an administrator, you will have to go on a fact-finding mission to get the information you need. Sometimes the decedent will keep important records such as a settlement agreement in a file somewhere. I would recommend conducting a thorough search of his house to see if you can locate it. If you... Read more »

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

You should consider hiring an attorney to represent you if you would like to seek a modification in your current parenting time agreement because there are many factors that come into play in these types of cases and it is impossible for any attorney to direct you with limited information. That... Read more »

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1 Answer | Asked in Admiralty / Maritime for New Jersey on
Q: Cruise ship injury from wind tunnel effect in stateroom.

balcony door and stateroom door was opened and the wind tunnel effect opened the closet door violently onto my head, face and eye. There was a sign on the door that indicated not to open both doors at the same time but nothing about the closet door opening and injuring someone. Closet door was very... Read more »

Michael A. Winkleman
Michael A. Winkleman answered on Oct 14, 2019

We’ve handled dozens of injury cases on cruise ships involving the wind tunnel effect just like yours. As such the cruise line is on notice of the danger. Feel free to email me at mw@lipcon.com and we can likely help.

Note that any case has to be filed in miami within one year of the...
Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Received 2 traffic tickets with court date on both, officer told me 1 is a warning. How to know which is warning?

1 ticket has box marked 4-81 "Failure to observe signal". 2nd one no box marked, officer put statute no 39:6B-2 for No liability insurance. I showed him my insurance, but was late in finding it as I was not able to search the insurance in my phone immediately. He said he gave me a warning. I am not... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 13, 2019

If a ticket has a court date it is not a warning. I suggest a lawyer as the penalties for these tickets especially the no insurance ticket is very severe. Unfortunately you are required to show the officer your insurance proof when he arrives at your window, he/she does not need to wait for you... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: my ex husband filed a motion to stop paying child support bc my daughter moved in with him but stays with me on weekend

My daughter is in college and I moved further away from her school so she is staying with her dad bc he’s closer but she still comes to me on weekends and stays with my mom one day a week. Can a judge stop child support or reduce payments bc she’s not with me full time now

Leonard R. Boyer
Leonard R. Boyer answered on Oct 12, 2019

Yes, with a motion based on changed circumstances, your child support will be reduced. The main thing is that your daughter's college education is being paid.

1 Answer | Asked in Contracts for New Jersey on
Q: we hired a contractor for our kitchen project, he got paid fully but kitchen it is not finished 100%

Kitchen floor is not flat, there are bumps since some tiles higher then others. Contractor blames the tile product. He installed hood over the oven but it is not centered, instead of fixing it permanently, came up with a temporary solution that didn't fix it, Each time we open the cabinet door it... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 12, 2019

You are in luck, because under NJ law, there is powerful protection in place on your side. The two most important laws are the N.J. Home Improvement Contractor Act, which almost no home improvement contractor's contract is in compliance with. The Second law is The N.J. Consumer Fraud Act, which... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can I get a ticket for expired inspection when my car was parked and I wasn't in the vehicle?

"Every motor vehicle registered in this State which is used over any public road, street, or highway or any public or quasi-public property" it says I have to use the vehicle, but it was parked and not in use.

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

Yes you can, it is not a violation that requires your car to be moving, only present.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can a civil contempt of a 100$ after his court case was dismissed? It was for her (judge) stating he missed his first

Court date and he didn't. He didn't have the 100$ and then she put out a warrant wit a bail of 1002$. The judge held the bailbondsman original bail and was ordered to pick him up in philadelphia and this is nj where all this is taken place can they even accept him at the jail for this

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

Not sure what your question is here but I don't see anything improper done by the court. As I always tell my clients never owe money to a court it just gets you in trouble

2 Answers | Asked in Immigration Law for New Jersey on
Q: Would a unemployed US citizen run into issues marrying visa student. (Extra info)

I myself at 27 am not financially stable, live with my mom, I am going back to school and do not have a job however my mom and friend would consign as sponsor(s). I read that latest tax returns are a document that would be looked at however my job history i have typically not made enough to file... Read more »

Vince Sykes
Vince Sykes answered on Oct 9, 2019

Eventually, you will need to complete Form I-864 Affidavit of Support. If your income doesnt meet the threshold, you can include a co-sponsor who will have to show the necessary minimum income by way of tax documents/w2's etc.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: If tapping GPS on cell phone affixed to the dashboard, is 39:4-97.3 in NJ an appropriate summons?

My daughter got a summons and has to appear in court in 2 weeks in South Hackensack, NJ. She was on her lunch break and trying to find a Chipotle. Tapped her GPS on her phone which was affixed to the dashboard, so hands-free. She was coming to a stop at a light when she did this. Not sure if it... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 9, 2019

The answer is Maybe the law states that you may turn on or off a function are they following so it would depend on what she was doing and what the officer believe that she's doing. If it's a third offense definitely hire a lawyer if it's a 1st or 2nd it's cheaper to pay it

1 Answer | Asked in Car Accidents for New Jersey on
Q: how long do I have to file a claim with a former employer for an auto accident I was in while working with them
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 9, 2019

More information is needed but generally you have two years but that would also depend on who your employer is so speak to a lawyer.

3 Answers | Asked in Bankruptcy for New Jersey on
Q: How can I find my docket bankruptcy
Timothy Denison
Timothy Denison answered on Oct 9, 2019

Pacer.gov

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1 Answer | Asked in Estate Planning for New Jersey on
Q: How long does it take to get funds returned from a defendant arrested for violation of section 2c:21-15
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 8, 2019

Best to ask the lawyer that have led your case as he should know the answer.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got a surcharge of $250 settling a 0-9 mph speed ticket. I have 0 points before, legit?

I was trying to avoid 2 points for the speed ticket that was $85. They reduced it to unsafe driving I pleaded guilty for. I ended up paying $439 that included a $250 surcharge. I don’t have any points in the prior 3 years and no ticket. Can the court/prosecutor do this? Just trying to see if I... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 8, 2019

You pled to a no point violation, but it does include the 250 surcharge. If you appeal, you will.wind up with the points.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can I get this traffic ticket dismissed?

I am from New Jersey and this was the first time I’ve ever been pulled over and the first time I’ve ever gotten a citation. I received a failure to inspect ticket for an expired inspection sticker (39:8-1) while driving someone else’s car. The owner of the car has not gotten it inspected... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 8, 2019

You can get the ticket thrown out if you provide a defense what you have said does not amount to a good defense, but you can try.

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: I was falsely accused of slapping someone that’s number 1 what do I do

This same person paid rent then decided to leave without notice and wants rent money back

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

You need to hire a lawyer to defend that charge otherwise you risk jail, probation and fines.

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: After paying his rent we had an argument and I was falselyaccused of slapping him left wants rent back
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2019

Unfortunately I don't see a question here.

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