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1 Answer | Asked in Traffic Tickets and Insurance Defense for New Jersey on
Q: How to handle reckless driving and speeding ticket in NJ?

I received a reckless driving and speeding ticket for allegedly driving 99 in a 55 mph zone in Woodbridge, NJ. I only have prior parking tickets and they used radar to measure my speed on dry roads. I've completed a defensive driving course. My concern is avoiding points on my license and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 18, 2025

I would not be so worried about the points on a speeding and reckless driving ticket. The reason why the ticket is marked mandatory court appearance is because you facing the suspension of your license and even up to 60 days in jail for going so fast. Jail is not that likely but loss of license... View More

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: How can I find out if my deceased mother had a will?

I am the eldest daughter and was the caregiver to my mother who passed away on April 19, 2025. My mother was married to a man who is not my father, and I am unsure if she had a will. There has been no mention of a will by family members or her husband, and she didn't have a lawyer, safe, or... View More

Anthony M. Avery
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answered on Jun 11, 2025

If you cannot find an original Will then you can still file an intestate administration of her Estate. You need to try to find out what assets she owned at death. Some assets may go to the surviving spouse, but you are an heir and next of kin. Hire a NJ attorney to file this with you as the... View More

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5 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: Can I get a new payment plan if I file my car under bankruptcy?

I'm behind on my car payments, and the loan balance is higher than the car's value due to rollovers from previous cars. I haven't filed for bankruptcy before, and I'm not sure which type to file. Is it possible to negotiate a new payment plan if I file for bankruptcy?

Dauna Kaye McPherson
Dauna Kaye McPherson
answered on Jun 11, 2025

Filing for bankruptcy can help you manage a car loan that’s upside down (when you owe more than the car is worth), especially if you’re behind on payments. The right type of bankruptcy depends on your specific financial situation, and each option offers different tools for negotiating or... View More

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3 Answers | Asked in Immigration Law and Domestic Violence for New Jersey on
Q: How can I sponsor my deported father to return to the US after a domestic violence case 20 years ago?

I need help sponsoring my father to return to the US after being deported due to a domestic violence case involving my mother roughly 20 years ago. My mother says she can't drop the case because it is under the court's jurisdiction, but my father insists that it wasn't true. He has... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 11, 2025

Yes, but it will be very complicated. Since your father was deported due to a domestic violence-related conviction, he is likely inadmissible to the U.S. and would need special permission to return.

Here’s what would likely be required:

1. You can file Form I-130 as his adult U.S....
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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How to contest a fare evasion ticket with a valid pass not used?

I received my first fare evasion ticket on June 3, 2025. I have a valid pass, but I didn't use it at the time. How should I proceed with contesting this ticket?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 5, 2025

You contest this violation the same way you contest any other violation by calling the court and telling them you wish to plead not guilty and ask for a trial. Although I always suggest you send a confirming letter after the call saying this also. Now for your defense that depends on the fact of... View More

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Consequences of 2C:14-4B(1) charge in New Jersey with no prior convictions

Do you go to jail for a 2C:14-4B(1) charge in New Jersey if you have no previous charges or convictions and have not yet been to court?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 3, 2025

The answer is never a simple yes or no as to whether you will go to jail as a first time offender. Everything depends on the facts of the case and the charges. Please know that charges can be upgraded as well as downgraded until you go to trial. Programs do exist that the prosecutor may agree... View More

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3 Answers | Asked in Family Law, Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Is it legal for my son's underage girlfriend to move in with us in NJ?

My almost 18-year-old son wants his 16 (almost 17)-year-old girlfriend to move into our home. Her single mother seems eager for her daughter to leave due to manipulative behavior. The girlfriend is graduating high school a year early and lacks financial means. I only have guardianship over my son.... View More

Richard Diamond
Richard Diamond
answered on May 29, 2025

Legal?

As an adult, its your house and you have the right to make the rules AND if your son and his girlfriend don't want to comply with your rules, you have the right to tell them its time for them to leave and start their lives anew elsewhere...... but that's the point...
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3 Answers | Asked in Family Law, Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Is it legal for my son's underage girlfriend to move in with us in NJ?

My almost 18-year-old son wants his 16 (almost 17)-year-old girlfriend to move into our home. Her single mother seems eager for her daughter to leave due to manipulative behavior. The girlfriend is graduating high school a year early and lacks financial means. I only have guardianship over my son.... View More

Leonard R. Boyer
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answered on May 30, 2025

All you need to do is deny her permission. You are going to have take a strong stand with your son and eliminate his presence from your home. If necessary consult with a landlord-tenant attorney, who also has a background in material law. Good luck.

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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for New Jersey on
Q: Can carrying pepper spray for self-defense lead to legal trouble in New Jersey?

I am frequently harassed and sometimes assaulted by strangers in supermarkets and stores in New Jersey. As a racially half black person with brown skin practicing Islam, although I don't wear a headscarf, I feel like people may be discriminating against me. I am considering wearing pepper... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2025

Yes you can get in trouble because remember the defense of self defense is not just based on what you feel at the time, but what a judge or jury after the fact will consider reasonable. In this state the best defense is always to withdraw from the situation if at all possible, this is not a stand... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Options for a left catheter issue after kidney stone surgery causing pain.

I underwent kidney stone surgery two years ago, and the doctor left a catheter inside me. I didn't experience any complications immediately after the surgery, but I've started experiencing significant pain recently. I've now scheduled surgery at another hospital to have the catheter... View More

Tim Akpinar
Tim Akpinar
answered on May 27, 2025

I'm sorry for your ordeal. You ask about options. Your best option would probably be to arrange a consult with a New Jersey med mal firm to discuss in further detail. Free, no-obligation initial consults are the norm in the industry. Don't delay further, as you mention a surgery that... View More

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2 Answers | Asked in Personal Injury for New Jersey on
Q: How long to receive a personal injury settlement check?

I know someone who has a personal injury lawsuit and has been receiving professional medical help, including shots to the back. The case happened about 10 months ago, and the attorney indicated that the settlement check should arrive by July. The check is coming directly from their original... View More

Tim Akpinar
Tim Akpinar
answered on May 23, 2025

It could depend on the insurance carrier, the attorney's ability to wrap up a summary of case expenses, and whether there are any liens that need to be satisfied. In the best-case scenario, if the claimant promptly signs and returns the insurance carrier's release, they could receive... View More

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2 Answers | Asked in Juvenile Law and Immigration Law for New Jersey on
Q: Can a financially independent 17-year-old in NJ make their own decisions?

I am 17 years old, living in New Jersey, and I am financially independent with a place to stay. There are no custody arrangements, and my parents are moving back to Brazil while I wish to stay in America. Under these circumstances, can I legally make my own decisions?

Symantha Rhodes
Symantha Rhodes
answered on May 23, 2025

In New Jersey, the age of majority is 18, meaning that at this age, you are legally considered an adult and can make your own decisions. However, at 17, you are still considered a minor.

Even though you are financially independent and have a place to stay, you generally cannot legally make...
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Q: Seeking closure of legal holdings & funds with Power of Attorney dispute in NJ.

I am seeking full legal closure of my legal holdings and funds within the United States, which include deeds, trusts, estates, and bank holdings. I face a Power of Attorney dispute, which was created in Newark, New Jersey, New York, and it might be used fraudulently against my holdings. Many U.S.... View More

Anthony M. Avery
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answered on May 21, 2025

You need to revoke that power of attorney. Make several original duplicates of the revocation and record them in any appropriate NJ and NY Counties. Also send copies of the revocation to any relevant brokerage houses or other businesses that handle your properties. This revocation should have... View More

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2 Answers | Asked in Contracts and Civil Litigation for New Jersey on
Q: Do I have to return a car deposit after 4 months delay?

I received a deposit for a car with an arrangement for the buyer to provide the balance within two weeks. However, the buyer only returned four months later. Am I required by law to return the deposit now?

Tim Akpinar
Tim Akpinar
answered on May 28, 2025

Attorneys who regularly handle vehicle sales transactions could advise best, in terms of all applicable laws and customary practices. But you posted in the beginning of the month. In basic contract law elements, the terms of the agreement appear to be on your side. However, if push came to shove... View More

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2 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: How to make an addendum to my will legally binding to involve both families in financial decisions?

I am working on my will for estate planning and want to make an addendum to the guardianship section. Currently, the will states that the guardian of our child has full power over financial decisions. I want to amend this so that both families are consulted in financial decisions pertaining to the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 14, 2025

To make sure something that is legally binding you go to a lawyer and even a lawyer can make mistakes but that is why they have malpractice insurance. If you want to make sure something is legally binding you will need to do the same thing a good lawyer would do which is to follow the rules set... View More

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5 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.

My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how... View More

Richard Diamond
Richard Diamond
answered on May 13, 2025

I presume that the police want to investigate an allegation of sexual impropriety by your son against your daughter's child (grandchild) and potentially, they are looking to criminally charge your son with an offense. Alternatively, based on the information provided, the police are planning to... View More

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5 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.

My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 13, 2025

Unfortunately, once someone tells anyone about a possible sexual assault at school, joke or not its going to be investigated by the county prosecutors office and the victim child will be seen by a social worker or psychologist to determine whether it really was a joke or not. Having done many of... View More

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2 Answers | Asked in Family Law and Contracts for New Jersey on
Q: Will a notarized letter protect me from child support for sperm donation in NJ?

I am considering donating sperm to a friend in New Jersey without going through a licensed physician. We plan to have a notarized letter stating my lack of parental rights and responsibilities to avoid any future child support claims. I have no intention of being involved in the child's life.... View More

Richard Diamond
Richard Diamond
answered on May 9, 2025

I think the couple seeking the sperm donation are making a mistake, and for whatever money they save by not complying with the statute, it's not worth the risk.

I would also suggest that the statute does not require a medical specialist to handle the insemination procedure in a...
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for New Jersey on
Q: Do I need to comply with child protection services drug screen request in NJ related to girlfriend's domestic dispute

I have been contacted by child protection services regarding a domestic dispute involving my girlfriend and her ex-partner. Although I have not received a formal written request, the caseworker set up an appointment for me to complete a drug screen, which I did not attend. I consider my... View More

Leonard R. Boyer
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answered on May 9, 2025

Even if you did not get a written notice, unless you think the phone call was fake (usually I would expect something in writing. But if you are in doubt, then call CPS and ask. If you have nothing to hide take the test. If you do at some point find yourself involved in a domestic violence... View More

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2 Answers | Asked in Criminal Law and Personal Injury for New Jersey on
Q: Victim of assault seeking legal advice in NJ.

I was a victim of an assault in Englewood, NJ, where I suffered injuries and had to go to the hospital. I have already filed a police report and have security camera evidence of the incident. I am seeking legal advice on how to proceed, including potential charges or filing a lawsuit against the... View More

Mark Cheser
Mark Cheser
answered on May 8, 2025

More information is needed. Keep in contact with the police. If they do not file a charge ask why they are not filing. You can file a charge yourself if they do not at the town courthouse. It can be either a indictable crime (an assault under 2C:12-1, normally one of the "B" subsections,... View More

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