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New Jersey Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Privacy invasion

Hello my ex girlfriend enter to my apartment without my permission, she took with her my tablet my cellphone my kindle my car keys and my personal identificación bank cards social security driver license took pictures of this information and used against me, in that day my daughter was here she is... View More

Gary Kollin
Gary Kollin
answered on Oct 16, 2018

You asked the same question on AVVO but this time, with my advice, you changed the word to permission.

Apparently, you think there is some magic answer which will solve your problem. You already have your answer

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: hello, i would like to know if a have a invasion of privacy case

my exgirlfriend enter to my apartment without my concern, look through all my apartment for my personal stuff, took with her my tablet my cellphone my klinde, my car keys my driver license my social security card my banks cards, without my concern, she only gave back to me the next day my car keys... View More

Gary Kollin
Gary Kollin
answered on Oct 15, 2018

concern or permission?

You can sue. It takes a long time. How much is your monetary damages?

Does she have enough to pay any judgment?

No lawyer will accept this case on a contingency case.

Why don't you reort this to the police as a burglary?

1 Answer | Asked in Constitutional Law for New Jersey on
Q: I just got a open container alcohol from state police so he gave me a court date so I just want to know what will judge

What will the judge do he gave me a ticket for open container ticket which I didn’t drink at all and state police gave me a ticket for that

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 26, 2018

The answer depends on the charge number, as you could get a MV violation or an ordinance the ordinances tend to have higher fines and more penalties.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New Jersey on
Q: Can a judge make a law not allowing you to video record in a public court house

There is a law in my county in nj that states I can not walk into any public court house and record What ever I can see from a public view without prior written consent from the courthouse administrator. Which means I have to file an application to assert my freedom to record in public. Is this... View More

Leon Matchin
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answered on Aug 17, 2018

you must obtain permission from the court to record inside the courtroom.

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for New Jersey on
Q: What protective devices can a fire police officer under N.J.S.A 15:8-4 lawfully carry.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 16, 2018

Its not just what the state law allows but also what your township allows which can be more restrictive.

2 Answers | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Municipal Law for New Jersey on
Q: When and how can a file a lawsuit against either a police officer, police station or township for a dismissed charge

I was pulled over for being on my phone but never got a ticket for it. I got a ticket for a break light that was functioning, possession of controlled dangerous substance, possession of con. Dangerous substance in a M.V. a bill is being viewed for marijuana and is being postponed again for 2 more... View More

Leon Matchin
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answered on Aug 4, 2018

You have to give them notice within 90 days otherwise you are precluded from suing.

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for New Jersey on
Q: When has the police committed assault during a search?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 31, 2018

When the police have used unjustifiable excessive force. This is a high standard for a person to overcome.

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2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for New Jersey on
Q: If i didnt get my Miranda rights read to me?

I was pulled over after long conversation with officer he searched my car, me and arrested me with out reading me my Miranda rights. I was charged with a criminal charge. Since I was not read my rights as a part of an American citizen and having my rights, should the case be dismissed due to not... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 17, 2018

Not necessarily your Miranda Rights only apply if the prosecutor intends to use any of your statements against you which were given while you were under custodial interrogation. I suggest you hire a lawyer to find a possible better defense.

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3 Answers | Asked in Constitutional Law, Criminal Law and Traffic Tickets for New Jersey on
Q: When a police officer is out of its jurisdiction when pulling you ovet

I was traveling south bound on my main road while the p/o was conducting a speed radar at a standstill in the middle of the road. Pulls out, follows me 3 cars behind for 3 miles before stating in the police report that he pulled up and seen that I was "looking down on my phone " proceeded... View More

Paul Ferrell Jr
Paul Ferrell Jr
answered on Apr 20, 2018

A good criminal defense lawyer may be able to successfully challenge the stop and the fruits of the search. You should consult a lawyer right away.

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2 Answers | Asked in Constitutional Law, Criminal Law and Traffic Tickets for New Jersey on
Q: Can a police officer get a ticket even while condu ting an investigation
H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 20, 2018

Yes, but then he may also have a defense, but the ticket can certainly be issued.

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1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: 2C:29:3A (7) I provided the officer with my middle and last name, social security number, and address. What can I do?

I am called by my middle name by my family and peers. I was the passenger in a vehicle pulled over for having an exhaust which was precieved to be too loud. I was incarcerated and served 5 days in MCCI. What legal action should I take to fight this charge or get it dismissed/ lowered to an offense... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 28, 2018

More information is needed to property answer your question and thus I suggest a consultation. But Unfortunately this type of case is your word against the officer and generally the office will win, unless you get lucky in court. The best thing to do is to hire a good lawyer to get the best... View More

1 Answer | Asked in Banking, Civil Rights, Constitutional Law and Criminal Law for New Jersey on
Q: Can police keep my ATV that i owe money to the bank for? Charged with eluting they say “it’s evidence in a crime”.
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 11, 2018

Yes the police can keep it and you still have to pay the loan. You need to hire a good lawyer for your case eluding is a serious charge with lots of jail time.e possible/probable.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Jersey on
Q: can I sue the police department for releasing a police report unlawfully
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 21, 2017

Police reports are generally public records. You can always sue the question is can you win and for that you will need to speak to a lawyer, but most lawyers will charge you.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for New Jersey on
Q: In NJ does a motorist (or passenger?) have the right to record interactions with police?

Is L.E. allowed to make you stop recording?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 13, 2017

In general you can record any conversation so long as it would not interfere with a police investigation, arrest etc, so that would be the main question.

1 Answer | Asked in Constitutional Law and Immigration Law for New Jersey on
Q: Who does the Dream act effect?

My parents were illegal immigrants when they had my baby brother in 1996. He is a US citizen my question is when they passed the Dream Act in 2005. Would he be considered a dreamer?

Kristofher Beralo
Kristofher Beralo
answered on Nov 22, 2017

No, since your baby brother was born in the US he is not considered a "Dreamer". Those are only for individuals who are undocumented who was brought to this country by their parents at a certain age.

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Is it legal for the landlord to place cameras inside my rental apartment? Isn't it invasion of privacy?
Marcel Wurms
Marcel Wurms
answered on Sep 12, 2017

Unless it was in your lease, the landlord can't do that. And even if it is in the lease, that clause might be against public policy.

However, if you're talking about putting the camera in a common area such as a hallway, it might not be prohibited.

Disclaimer: The...
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1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for New Jersey on
Q: How can both parents protect themselves against grandparents visitation ?

Parents agree to protect kids against mental abuse and manipulation from parternal grandparents who have not even wanted to babysit in the past but have now chosen to threaten suing for visitation as a way to control parents since parents have remained no contact. The children in question are 7 and... View More

Leonard R. Boyer
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answered on Aug 18, 2017

Grandparents in NJ have almost no rights. You protect the children by not letting the Grandparents have any contact with them.

2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: Can a Promotion Prostitution charge be a felony if it was only a conversation about future actions that never happened?

The prostitute was a undercover cop setting people up. Money was never exchanged. She never got in the car. Neither parties

knew each other prior to the situation.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 8, 2017

We don't have felony or misdemeanor classifications in NJ must criminal offenses and yes you can be charged and convicted with a criminal offense even if you did not actually commit the offense intended. Get a good lawyer as a criminal offense can ruin your record for life let alone the other... View More

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1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and International Law for New Jersey on
Q: In N.J. can a Prosecutor draft the indictment 7 days after the hearing unsigned by a foreperson to quash a preliminary h

Hearing was held on the 3rd day of Jan. Indictment drafted and presented on the 10th day of Jan. The hearing on a warrant Gerstein v. Pugh 1975 requured within 48 hours of detainment to determine Probable Cause as arrest was on Sept 16, 2005 did not receive bail until C.J.P. COURT ON Sept 27 11... View More

Stuart Nachbar
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Stuart Nachbar
answered on May 15, 2017

You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for New Jersey on
Q: can a Leo search locked auto or glove box or console incident to arrest when the arrestee is away from mv ?

we get asked this question all the time-does the suspect need to be in the immediate area after the arrest in order for the police to search the entire vehicle ? for example can they be taken from the scene placed in the back of a patrol car and then the search be conducted into locked glove box... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 30, 2017

Who is we and if we is a police department, you are represented by a lawyer called the prosecutor and that would be the best lawyer to answer your question. A lawyer cannot talk to another lawyers client without that persons lawyers consent. I if you are a police department which is the way your... View More

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