Ask a Question

Get free answers to your Civil Rights legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: if a person is under survillance do they have the right to ask and see the police report that started the survillance
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

If you're under surveillance by the police, you might be curious to see the police report that led to it. However, police reports are considered law enforcement records, and access to them is regulated by state laws. So, you may not have an automatic right to see the report that initiated the... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: How can my husband keep being charged with a suspended license when he paid the restoration fees and surcharges?

My husband grew up in New Jersey and left when he was 16 . He never obtained a driver's license in this state, but had a non drivers ID His wallet was stolen when he was 15 that had is SSN card and a state non drivers id. Upon his father's death he came back to his childhood home.... View More

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 21, 2023

This is an important question, and the explanation I would like to offer is somewhat difficult to write here is all the necessary details. I would mention, however, that when anyone is issued a ticket a New Jersey, the Motor Vehicle Commission generates a license number for that person. To resolve... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Can a maintenance technician unlock an apartment door for police and then change tenant lock without a request/notice

The Grande at Metropark in Iselin did this to my apt

Morris Leo Greb
Morris Leo Greb
answered on May 2, 2023

No for several reasons. The right of quiet enjoyment means that no one can enter your apartment without your permission. The only exception is when there is an emergency situation such as pipes leaking water or gas. Secondly there is no self help for residences, any action to evict as tenant can... View More

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for New Jersey on
Q: Can I sue the police department for failing to protect my rights?

As of July of 2022, I was granted an FRO from a Bergen County judge against my ex. This past Friday, my ex went to the Little Ferry precinct and showed officers a fake text from the judge stating that the FRO was lifted and he was allowed back into my home. They believed him and allowed him to come... View More

Richard Diamond
Richard Diamond
answered on May 1, 2023

I would contact the domestic violence office for the county courthouse where you obtained the restraining order and ask if you can file an application with the court for a violation of the restraining order and when they say that you should report it to the local police, tell them that you want to... View More

1 Answer | Asked in Contracts, Family Law, Business Law and Civil Rights for New Jersey on
Q: Hello I live in New Jersey and my fiancée decided we should cancel our wedding venue as the wedding was set for 10/21/23

We cancelled while still health emergency on 12/31/22 but venue states they will Sue us if not able to rebook and they of course kept our 5000 deposit. What should I expect or am I able to get out of this? I also do not have a copy of any signed contract only deposit copy and an email from venue

Morris Leo Greb
Morris Leo Greb
answered on May 1, 2023

The best option is to retain an attorney experienced in contract law.

1 Answer | Asked in Tax Law, Civil Rights and Landlord - Tenant for New Jersey on
Q: Can a management company of an apartment complex, demand you alter modifications made on your vehicle?
Morris Leo Greb
Morris Leo Greb
answered on Mar 21, 2023

This is a very fact sensitive situation. If the modifications result in loud noise that disturbs other reidents, the Landlord can and should demand that you remove the modification. This is pursuant to the lease provision of quiet enjoyment which imposes a duty on the landlord.

1 Answer | Asked in Civil Rights, DUI / DWI and Identity Theft for New Jersey on
Q: Someone used my name and identity during a police call and arrest for CDS and DWI. What type of lawyer should I seek?

Criminal Identity Theft

Defamation

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 15, 2022

To fight the DWI you will need a DWI lawyer. When you find out who used your name you will need a civil litigation lawyer to sue that person. Most of us DWI lawyers offer a free in office consultation during normal business hours.

1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: I got a ticket in NJ for having a handheld device active but I wasn't in use when I was driving

The officer only saw it when I pulled my window down can I fight it. And i also got a ticket by the same officer for failing to not stop at a stop sign when I locked both way before moving and did come to a complete stop

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 4, 2022

We would need to know more information to properly answer your question. But you are not allowed to have the phone in your hand while driving unless to turn on or off a function of the phone. Even for that however, many judges will still find you guilty these are tough tickets to win without a... View More

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for New Jersey on
Q: Can any civil attorney help me with a police misconduct case?

I am currently living in Jersey City, NJ. In Nov 2021, several NJ state police officers searched my home ("Unit #1") and arrested me for two possessing/distributing criminal charges. During the search and arrest, the police officers didn’t show me neither the search warrant nor the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 23, 2022

Yes a civil attorney can help you but unfortunately most will require you to pay a retainer and pay their hourly rate. A few that I know of will reduce the hourly rate if you give them a percentage of the case but they are few and far between.

1 Answer | Asked in Civil Rights, Health Care Law, Small Claims and Landlord - Tenant for New Jersey on
Q: Do I have legal action in New Jersey to get my neighbors to stop smoking cigarettes? It is affecting our health badly.

I am pretty desperate to find someone who can help me with my situation. I live in an apartment. I have had an issue for over a year now with my neighbors chain smoking. They recently did renovations on all of the apartments. It made it worse. They did not do a good job and my apartment is filled... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 12, 2022

Every lease is deemed to include the provision of quiet enjoyment. This places a obligation on the Landlord to insure that the premises are safe and not unhealthy. So if the Landlord refuses to take any action to correct the situation, consider filing suit against the Landlord for breach of... View More

2 Answers | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for New Jersey on
Q: How to dismiss, etc. false allegations of spousal abuse & harassment? TRO dismissed now civil restraints, took daughter

Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2022

Your question does not clearly state whether this matter is a MD or NJ matter. I cannot speak to MD law, but if this is a NJ matter, you would need to retain an experienced matrimonial attorney to file an enforcement motion for the civil restraints. In addition, especially if you are a public... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: Must a parent be present when a guidance counselor asks questions that can incriminate a 12-year-old student?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he may be charged with something, setup a consultation with a lawyer. It may... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for New Jersey on
Q: do students under the age of 15 have to be questioned with their parents present by a guidance counselor?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he/she may be charged with something, setup a consultation with a lawyer. It... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New Jersey on
Q: Is it religious discrimination if employer gives raise to all vaccinated employees but not those w religious exemption?

I’m still able and required to fulfill the same job duties as my co workers but I’m being singled out from a significant raise due my religious exemption vs vaccination.

Debra Kradjian Stephans
PREMIUM
Debra Kradjian Stephans pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2022

It could be. How large is this employer? How many employees are there in total that received raises? Were your co-workers employees longer than you were with this company? Do they have the same type of job as you do? The employer must be able to articulate the reasons why you were not treated... View More

1 Answer | Asked in Civil Rights and Traffic Tickets for New Jersey on
Q: My adult son has a hidden disability. How can this be relayed to a police officer if he gets pulled over?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2022

The answer would depend on your son's disability. If it is mental or hearing you may want to have him give the officer a letter from a doctor with his license, registration and insurance as soon as he is stopped. Remember that license, insurance and registration documents must be given to... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Civil Rights for New Jersey on
Q: Does my case qualify for a Removal From State to Federal? Divorce was filed may 2019. The same time the Covid Pandemic..

was sweeping the nation. Motions and evidence submitted have never been acknowledged despite having the usps return receipts to prove they were recieved. After an emergency child support hearing garnished 66% of my wages including paying for daycare that was closed due to the pandemic I had to file... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2022

Divorce cases are rarely if ever removed to Federal Court. If you don't like a trial court ruling you can appeal to the Appellate Division. But statistically you will lose.

View More Answers

1 Answer | Asked in Civil Rights and Family Law for New Jersey on
Q: lost my relatives government papers such passport, birth and marriage certificate. What wil happen if they call police
Richard Diamond
Richard Diamond
answered on Feb 7, 2022

I presume you are asking:

if one of your relatives contacts the local police department for assistance (i.e. a 911 call), do the police officers responding to the 911 call from them have the right to ask for their passports, birth certificates, etc as part of their response to the...
View More

1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: Can you get in trouble for traveling in NJ with a firearm and ammo. If you have illegal tinted windows on your car

I know I can get a ticket for the tinted windows. But will I have any more trouble because of the fire arms and ammo in the car. I am traveling with the firearms completely legal

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 19, 2021

If you follow all the rules that NJ requires for being an interstate driver with a gun you can do it legally, but I would suggest not traveling to NJ with a gun if you are going to have tinted windows.

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Q: I want to file a civil complaint in the District court of NJ pro se and In forma Pauperus .

Where do I need to send the complaint to if it is: 1. local police department 2. county prosecutors office 3. County Correctional center 4. Apartment complex All include multiple defendants .

Do I send it to the District court with the complaint and copies and summons or what paperwork... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2021

You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... View More

4 Answers | Asked in Immigration Law, Civil Litigation, Civil Rights and Health Care Law for New Jersey on
Q: HIV positive Ayslum requested

Dear Sir/Madam

I came to the USA on 12 November 2020 from Freetown Sierra Leone . I have a bad news from when I was sick I went to the medical hospital they told me the I am HIV positive.

I have to tell the news back home to my friend and relatives but I could not bear what they... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Oct 31, 2021

Sorry to hear this. You can apply for asylum but be prepared to present a lot of evidence to back up your claim. Good luck.

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.