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1 Answer | Asked in Civil Rights and Employment Law for New Jersey on
Q: I filed a discrimination claim against a company and they destroyed video evidence what can I do?

I was suspended after a coworker who was harassing me claimed I threatened him. During my suspension a manager who witnessed 5 employees sign witness statements told me over the phone that 3 of the witness statements corroborated my story while 2 corroborated the harasser's story. I was... View More

James L. Arrasmith
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answered on Feb 26, 2024

If you discover that video evidence relevant to your discrimination claim has been destroyed by the company, it's crucial to take immediate action. First, document any communication or evidence that suggests the company had the video and intentionally destroyed it. This includes any emails,... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: What choices do I have coming here on a visiting visa in 2022 to claim a green card or some form of residency ?
James L. Arrasmith
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answered on Feb 26, 2024

If you arrived in the U.S. on a visiting visa in 2022 and are exploring ways to obtain a green card or some form of residency, there are several paths you might consider, though each comes with its own set of requirements and limitations. It's important to evaluate these options carefully to... View More

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3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

James L. Arrasmith
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answered on Feb 25, 2024

As a lyricist looking to protect your work, it's essential to understand that copyright law is your primary shield. In the United States, the Copyright Office grants copyrights for original works of authorship, including lyrics. Once your lyrics are fixed in a tangible medium of expression,... View More

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3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

Emmanuel Coffy
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answered on Feb 26, 2024

Protecting your work as a lyricist is crucial to ensuring you retain control over your creations and are compensated appropriately for its use. While ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.) are performance rights organizations (PROs) that... View More

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3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

Leonard R. Boyer
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answered on Feb 26, 2024

You really need to have your lyrics copyrighted. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality... View More

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Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, many of the actions you described, such as identity theft, financial abuse, and tax fraud, can be considered forms of white-collar crime. These crimes typically involve deceit, manipulation, and exploitation for financial gain, often perpetrated by individuals in positions of trust or... View More

1 Answer | Asked in Tax Law for New Jersey on
Q: Broker acct is joint and 1 dies is only 1/2 stepped up basis Can advisor fees be withheld from RMD to avoid est taxes

Looking to pay advisor fees with pre tax money if OK and gain interest over the year by avoiding est taxes for fed and state.

James L. Arrasmith
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answered on Feb 25, 2024

Yes, it is possible to pay financial advisor fees from an IRA account in order to reduce taxable required minimum distributions (RMDs). This can allow the fees to be paid using pre-tax funds and can minimize taxes owed. Here are some key points:

- For a joint brokerage account, when the...
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1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: What can my mother do here?

My sister is in a group home with the state they asked my mom for proof she is her mother she sent all the papers in too the place the lady asked for this women haven't called my mother back in almost 3 months and that's how long she haven't talked too her daughter it's so... View More

James L. Arrasmith
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answered on Feb 24, 2024

Your mother should take immediate action to address this concerning situation. First, she should try contacting the group home again and request to speak with the person who initially asked for proof of her relationship with your sister. It's essential to remain calm and assertive during this... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I have a civil claim and the defendant countered. Now I need to adjust my reimbursement request. How do I do that

I live in NJ but the case is being heard over Zoom court in Kent County, DE

James L. Arrasmith
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answered on Feb 24, 2024

To adjust your reimbursement request in response to the defendant's counterclaim, you will need to file an amended complaint. In your amended complaint, you can revise the amount you are seeking for reimbursement or make any other necessary changes to your claim. Ensure that you clearly... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: disqualifier for owning firearms in New Jersey

Hello!

In 2013 when I applied for my firearm ID card and permit to purchase a handgun, I was rejected because I disclosed that I voluntarily saw a psychologist for counseling. I also believed that I answered question number 26 incorrectly. I was never admitted to or committed to an... View More

James L. Arrasmith
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answered on Feb 23, 2024

Given your previous experience with successfully appealing a denial for a firearm permit in New Jersey, it's understandable that you're concerned about the impact of the new disqualifier related to voluntarily seeing a psychiatrist. While I can't provide legal advice, it's... View More

1 Answer | Asked in Consumer Law, Contracts and Banking for New Jersey on
Q: Ally financial blatantly violated the TILA, FCRA, CCPA and tried to over charge me 6k on an 18k loan.

I entered a contract (which doesn't include a dealer number, or contract number filled in.) to finance a 2013 Nissan Frontier through Ally financial back on May 29th of 2017. The total paid after 72 months at a rate of 8.64%. came out to $18,019.44 according to the truth in lending disclosure.... View More

James L. Arrasmith
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answered on Feb 23, 2024

Dealing with a situation where you've been overcharged on a loan can be incredibly frustrating and confusing. It seems you've done your due diligence by reviewing the terms of your contract and comparing them to the actual charges applied by Ally Financial. Discovering discrepancies in... View More

3 Answers | Asked in Car Accidents for New Jersey on
Q: Jan this year a water sewer truck hit my parked Pathfinder and damaged my whole right front. How do I get my truck fixed
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 23, 2024

You have three choices you either 1) contact their insurane company and see if they will pay. 2) file a lawsuit yourself or 2) hire a lawyer to try to recover your property damage. The problem is a good lawyer may cost more than the damage is worth. Please remember you must do this quickly as... View More

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3 Answers | Asked in Car Accidents for New Jersey on
Q: Jan this year a water sewer truck hit my parked Pathfinder and damaged my whole right front. How do I get my truck fixed
Leonard R. Boyer
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answered on Feb 24, 2024

Report the accident to your insurance company. If they refuse to cover it, you need to retain an experienced civil litigation attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't... View More

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3 Answers | Asked in Car Accidents for New Jersey on
Q: Jan this year a water sewer truck hit my parked Pathfinder and damaged my whole right front. How do I get my truck fixed
Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

If the truck's insurance carrier will accept liability, that could be the least expensive route to go. As my colleagues correctly point out, the other options could include court or handling the claim through your own carrier. If you choose to go through your own carrier, you may be looking at... View More

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1 Answer | Asked in Civil Litigation, Communications Law and Constitutional Law for New Jersey on
Q: i have a private investigator who is trying to serve a civil court subpoena.

i have a private investigator who is trying to serve a civil court subpoena. i live in a private community and they keep showing up at my home 1st what can i do to stop or minimize this 2nd can PI look through my home windows and walk around my property, is there a limitation before it can be... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are a few key things to know in this situation under New Jersey law:

1. You can inform the private investigator and request they stop coming to your private residential community and home to serve the subpoena. However, legally they are allowed to attempt service at a person's...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I want to know if I can gift my car and IRA account to my disabled child without a penalty from medicaid.

I read that this is possible and would like to know how to do it.

Nina Whitehurst
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answered on Feb 21, 2024

The car is easy. Just transfer the title to your child, but only do this if your child is capable of managing a car. If he/she is not, then see an estate planning attorney about other options.

The IRA is not so easy. If you cash out the IRA and retitle it to your child, that will be a...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: After paying $10,000, the immigration lawyer has shut down due to medical reasons. how can I get my money back?

He has been pushing through my application, but nothing has come back for the 6 years that I’ve been working with him. I recently noticed an email stating that their office was closing down his practice because he can no longer continue due to medical regulations. I never received a phone call or... View More

James L. Arrasmith
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answered on Feb 21, 2024

It's unfortunate to hear about your situation with the immigration lawyer. Given the sudden closure of the lawyer's practice due to medical reasons, your first step should be to try to reach out to the lawyer or their office to discuss the matter directly. Express your concerns about the... View More

Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, the types of abuse and exploitation you have described would generally be considered forms of white collar crime. Specifically:

- Identity theft - Using someone's personal or financial information illegally for fraudulent purposes. This is a type of white collar crime.

-...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: For filing my permanent residency in USA fromI485, I do NOT have my old expired passport original/copy

I am interested in filing my permanent residency in USA. For filing the form I485, I understand I have to have all my old passports that is then used to verify travel history. I do NOT have my old passport for the years 2013 to 2023. Nor do I have copies of the same. Will that cause issues with the... View More

James L. Arrasmith
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answered on Feb 21, 2024

Not having your old expired passports for the specified period might pose challenges when filing your I-485 petition for permanent residency in the USA. These passports serve as crucial documentation to verify your travel history, which is often required by U.S. Citizenship and Immigration Services... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: As an current Green Card holder in the state of New Jersey, can my foreign DNI and Passport be expire to get Citizenship
James L. Arrasmith
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answered on Feb 21, 2024

As a current Green Card holder in New Jersey, the expiration of your foreign DNI (Documento Nacional de Identidad) and Passport does not directly affect your eligibility to apply for US citizenship. However, it is essential to note that you will need to provide valid identification documents during... View More

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