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New Jersey Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: What are the legal definitions of purse, pursuit, pursued, and chase?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

A legal dictionary would probably give you the best answer

1 Answer | Asked in Criminal Law for New Jersey on
Q: If you stop for a traffic stop, and you don't remain stopped, does it mean you never stopped?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

Actually a judge or jury would probably consider it worse because you knew you were supposed to remain stopped where is someone else may have thought the police were chasing someone else.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Does eluding by it's very nature involve motor vehicle pursuit?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

Not necessarily but I suggest you set up a consultation with a lawyer so he can properly evaluate your case

1 Answer | Asked in Traffic Tickets and Criminal Law for New Jersey on
Q: After stopping car for PD defendant fled in car prior to completion of traffic stop. Is this "failure to stop?"
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 22, 2020

More information is needed to properly answer your question however it definitely sounds like eluding a police officer.

1 Answer | Asked in Estate Planning for New Jersey on
Q: Step parent dies after biological parent there is no will whom inherits all property of grown living children in NJ

Nephews made funeral arrangements no mention of grown step children in obituary cause out of state never would let step children in family home. Father had died 2 years prior with brain tumor cancer and had him change his will 2 weeks before passing Grown children let it go cause thought property... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 22, 2020

You need to sit down with a probate attorney as soon as possible to go over the situation. A family tree is going to need to be created to go over all living heirs to figure who is entitled to what. The attorney will also need to review a copy of the will.

2 Answers | Asked in Criminal Law for New Jersey on
Q: If during a traffic stop a cop smells marijuana can they pull you out your car and search it without consent from me?

Also can the cop search my trunk which is considered a lock compartment without a warrant?

Howard Lesnik
Howard Lesnik answered on Jan 22, 2020

Yes, plain smell is an exception to the search warrant requirement. However, that does not mean that the underlying motor vehicle stop and subsequent search was valid. You should consult with an attorney to discuss the facts of your case and possible motion to suppress.

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1 Answer | Asked in Gov & Administrative Law and Divorce for New Jersey on
Q: dmv gave me state id with wrong last name I have a court order for the last name changed back to my maiden name

I have a court order for the change and the seal with it my soc sec card was changed back to my maiden name but dmv will not give me a new id and I lost a job because of it what can I do

Leonard R. Boyer
Leonard R. Boyer answered on Jan 21, 2020

First I suggest that you see someone high up in the management of the DMV in Trenton. Next retain an attorney to get this matter resolved. Good luck. But you will not be able to sue the DMV for your damages.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: can I close on my moms home without a tax waiver. estate was left to her 3 children plus 28,500 goes to a class D

The 28,500 is for a person that purchased a co-op then moved out and left the house(co-op) to my mom. Years later asked for her deposit back. My mom changed her will to leave her the money. 2 questions. Can we close without a Tax Waiver and how much effort do we need to put into finding the... Read more »

Noel Rivers
Noel Rivers answered on Jan 21, 2020

The short answer is that the tax waiver will be required. Based on the fact that $28,500 is passing to a class D beneficiary, you cannot file an NJ Form L-9 – Affidavit for Real Property Tax Waiver. Instead, you must file an inheritance tax return and upon its completion, you will receive a tax... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: If someone uses another persons Facebook messenger to send money to themselves with a stolen credit card linked to acc

Someone stole a credit card and linked it to their Facebook messenger for Facebook payment then another person logged into their Facebook messenger and sent themselves money to their Facebook messenger

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

This is a crime go to the police.

1 Answer | Asked in Estate Planning for New Jersey on
Q: I inherited my dads house. Only his name is on deed. Can we sell and throw his wife out.? Owned home before marrief
Nina Whitehurst
Nina Whitehurst answered on Jan 19, 2020

You haven’t quite inherited it until it is re-titled in your name, as a practical matter. You should consult with a probate attorney about probating your dad’s estate so that the house title will be in your name.

1 Answer | Asked in Divorce for New Jersey on
Q: I'm looking to get help divorcing my husband of 11 years. We've been separated for a little over a year. I have no incom
Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2020

Your location states MD, but your asking about divorce in New Jersey. Which state are you a legal resident of? In New Jersey, usually you have to be a resident of a state for one year. If you cannot afford a private attorney you need to contact legal aid. Your attorney can file what is known as a... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: If a person is convicted in New Jersey and Connecticut, can that person get an extended term for both convictions?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 16, 2020

Don't know about Connecticut but it's possible in New Jersey based on your prior record

1 Answer | Asked in Tax Law for New Jersey on
Q: In may of 2015 a Federal Trustee in Newark discharged my indebtedness by way of a Chapter13 Bankruptcy which included

Monies owed to the Internal Revenue Service According to IRS I owe $5,000 for year 2012 on January 22, 2020 I will be 65 years old . They take a percentage of my partial social security. At age 65 are they still allowed to collect arrearages and what is the procedure to stop this payment

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 16, 2020

2012 taxes would not be discharged in a 2015 bankruptcy. That return would have been due 4.15.13 and the three year period for discharging income tax would not have passed until 4.15.2016. Also, the IRS is a preferred creditor in a 13.

If you want them to stop the SS levy you have to setup...
Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: How to respond to a divorce filed against me in Mississippi when I'm in the state of New Jersey?

I was put out of the home we shared with nothing but my clothing about a year and a half ago. I returned to New Jersey to get help from my family

Leonard R. Boyer
Leonard R. Boyer answered on Jan 16, 2020

You must put this question in Mississippi section, since you will need an attorney in that state to represent you in the divorce. Good luck.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Do the same penalties apply if you never had a driver's license?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 15, 2020

We would need to know the offense you were charged with to properly answer your question.

3 Answers | Asked in Divorce for New Jersey on
Q: My husband divorced me 14 years ago. I am still living with him because he never paid me my settlement. Can you help me

I stayed because he kept promising to remarry me, to go to therapy, etc. I can't take it anymore.

Flavio Van Boekel
Flavio Van Boekel answered on Jan 15, 2020

You should have filed a motion to enforce your settlement 14 years ago. You never enforced it till now. Many changes have occurred between your divorce and your cohabitation. I think you really should retain a lawyer who focuses on matrimonial law and post-judgment divorce actions.

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3 Answers | Asked in Family Law for New Jersey on
Q: What do I have to do to collect on back alimony that my ex husband did not pay and is there a time limit on it?

The divorce was in Feb of 2014. He stopped paying December of 2016. The divorce decree alimony payment was for 5 years. He claims he is going to pay but hasn't.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 15, 2020

You are going to need to retain an experienced matrimonial attorney to bring an enforcement action against him and for any supplemental proceedings. I am unaware of any statute of limitations on collection of alimony arrears.

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3 Answers | Asked in Family Law for New Jersey on
Q: What do I have to do to collect on back alimony that my ex husband did not pay and is there a time limit on it?

The divorce was in Feb of 2014. He stopped paying December of 2016. The divorce decree alimony payment was for 5 years. He claims he is going to pay but hasn't.

Bari Weinberger
Bari Weinberger answered on Jan 16, 2020

Thank you for your question. I am sorry to hear you are experiencing this stressful situation. The courts take the issue of alimony enforcement very seriously. Check your Judgment of Divorce’s details for any specific language it might include about issues of non-payment. If you and your former... Read more »

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1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: One (of 5 siblings) live in their parents house in NJ for past decade. Both parents die, who gets the house? No will.

A woman is one of five children. She lived with her elderly mother and stepfather for the last 10 years. Her stepfather dies. The house and all assets go to his wife. Then his wife dies. The woman who has lived in the house for the last ten years has paid bills, remodeled and paid taxes on her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

When a person dies without a will, the property the decedent owned is distributed through a process called probate to the decedent's heirs according to the states laws of intestate succession. If the decedent had surviving children but no surviving spouse, which sounds like the case here, the... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: if trying to reduce the charge from 2c:14-4A what would a lesser offense be?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 14, 2020

The answer depends on the degree of your lewdness charge for there is a fourth degree or disorderly persons offense. Either way get a good lawyer to make sure you get the lowest possible sentence and stay out of jail.

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