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New Jersey Gov & Administrative Law Questions & Answers
0 Answers | Asked in Criminal Law, Gov & Administrative Law and Juvenile Law for New Jersey on
Q: What should I do about an attorney filing an expungement petition on my behalf without my knowledge or approval?

I filed for an expungement of some juvenile crimes last year, but the case stalled because I missed the court date due to being out of state. This year, while contacting my local police department for records related to that juvenile case for an Army security clearance, I was told I would receive a... View More

1 Answer | Asked in Social Security, Tax Law and Gov & Administrative Law for New Jersey on
Q: Can I keep my maiden name on W-2 if my name on passport and SSA has changed

I have 2 last names as I recently added my husband’s last name to mine . So now my last name is composed of 2 last nabes without hyphen. Can I continue to use my maiden name first last name at work and hence on W-2? What’s the way to retain maiden name professionally?

James L. Arrasmith
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answered on Mar 25, 2024

If your name has legally changed and is updated on your passport and with the Social Security Administration (SSA), it is generally recommended to update your name at work to ensure consistency across all official documents and systems. This includes having your new name reflected on your W-2 form,... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New Jersey on
Q: Can you buy airsoft guns in New Jersey? I have found some places that say you can’t, and they are classified as guns.

I am talking about airsoft guns that shoot plastic BBs not metal BBs. Amazon refuses to ship airsoft guns to NJ and some places say they are classified as firearms. I can’t get a straight answer anywhere.

James L. Arrasmith
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answered on Mar 19, 2024

In New Jersey, the laws surrounding airsoft guns are quite strict due to their classification under firearms regulations. Here's what you need to know:

Firstly, while airsoft guns are not banned, there are specific rules for their purchase and use. You must be at least 18 years old to...
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1 Answer | Asked in Gov & Administrative Law and Health Care Law for New Jersey on
Q: Are police officers exempt from HIPPA privacy laws if they are in charge of a patient who is in police custody?

has an ongoing medical condition and requested to be seen at the emergency room before being taken the county jail. He was admitted to the hospital where he stayed for 8 days. During this time, he was shackled to the bed and had a sheriff officer with him at all times. The officer was in the room... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the situation you described, there are a few important considerations regarding HIPAA (Health Insurance Portability and Accountability Act) and patient privacy:

1. Law enforcement exemptions: HIPAA does allow for certain disclosures of protected health information (PHI) to law...
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Q: Can Code Enforcement enter the backyard of my property?

I am a tenant in a rental house. Recently we have had a Code Enforcement Officer enter our backyard and issue us a warning for trash and debris on our property. We did not allow anyone to enter our backyard from the Borough nor did our Landlord permit them as his Agent and notify us. Is this... View More

James L. Arrasmith
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answered on Mar 4, 2024

The question of whether Code Enforcement can enter your backyard without permission largely depends on local laws and regulations. Typically, code enforcement officers are allowed to inspect properties for violations of local ordinances, which can include issues visible from public spaces. However,... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Municipal Law for New Jersey on
Q: I'm in need of a notice of tort claim against an officer (law enforcement) in NJ. Where do you obtain the right form?

Owed me a duty, broke into my locked room with body-worn cameras when I had no medical condition.

Just called dispatcher for noise complaint

James L. Arrasmith
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answered on Mar 2, 2024

In New Jersey, to file a notice of tort claim against a law enforcement officer, you will need to use a specific form that complies with the New Jersey Tort Claims Act. This form serves as a preliminary step to formally notify the relevant government entity of your intention to sue. The Notice of... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for New Jersey on
Q: The IRS sent me a letter stating I didn't report income from a 1099c. Upon my investigation on the matter I found out

The 1099c was sent to an old Address from 13 years ago and in my maiden name. How can I be penalized for information I never recieved?

James L. Arrasmith
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answered on Feb 28, 2024

When you receive a letter from the IRS stating that you didn't report income from a 1099-C, it's important to address the issue promptly, even if the information was sent to an outdated address and in a name you no longer use. The IRS assesses taxes based on income information reported to... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New Jersey on
Q: As a private citizen am I allowed to request recording of phone calls I had with law enforcement personnel in New Jersey

I am just looking to obtain the phone call recordings between myself and 4 other individuals that occurred between Nov 29th of 2023 to Dec 4th of 2023 on a specific date and time..I can attach the screenshot of the dates and times

James L. Arrasmith
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answered on Jan 21, 2024

In New Jersey, as a private citizen, you do have the right to request recordings of your phone calls with law enforcement personnel. This request can typically be made under the state's Open Public Records Act (OPRA). OPRA allows for the public to access government records, which can include... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New Jersey on
Q: Hi is making and owning a Low-voltage railgun legal in new jersey? Also, I'm a minor, so I can't legally own a firearm.
James L. Arrasmith
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answered on Dec 15, 2023

In New Jersey, the legality of making and owning a low-voltage railgun, particularly as a minor, is a complex issue. While railguns are not traditional firearms, they could potentially be classified under weapons laws depending on their capabilities and the intent for use.

New Jersey has...
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1 Answer | Asked in Government Contracts and Gov & Administrative Law for New Jersey on
Q: Can a Fully qualifying licensed Supervising driving instructor work for two separate Driving schools?

It takes 2 years for someone to become a fully licensed Driving Instructor Supervisor. Can an Upstart Driving School Hire an established Supervising Driving Instructor from Another school?

T. Augustus Claus
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answered on Oct 24, 2023

The ability of a fully licensed Supervising Driving Instructor to work for two separate driving schools may depend on the specific laws and regulations in New Jersey. Generally, it's essential to review the state's requirements for driving instructors and whether there are any... View More

1 Answer | Asked in Gov & Administrative Law for New Jersey on
Q: do i need to use a FFL to obtain long guns from my aunt in NJ if we both have FID cards?

My aunt owns some rifles and shotguns and I want to purchase them from her. Do we need to go to a FFL or can we just fill out the COE form ourselves since we both have FID cards and are related?

James L. Arrasmith
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answered on Nov 9, 2023

In New Jersey, even if both parties have a Firearms Purchaser Identification Card (FID), the transfer of long guns between private parties generally requires going through a Federal Firearms Licensee (FFL). This process includes a background check through the National Instant Criminal Background... View More

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for New Jersey on
Q: In New Jersey, when is a pedestrian crossing a roadway?

Does the right of way begin when the pedestrian is standing on the corner waiting to cross or when they have stepped into the crosswalk? My question is because I received 'Pedestrian - Failure to Yield - Right of Way' ticket. In this instance the pedestrian was standing on the sidewalk,... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 11, 2023

Logically it would be when the person steps onto the road, the reality in court is generally different, thus it is when the person steps onto that pad that is right before the actual start of the road according to most judges. If charged get yourself a lawyer most of the time we can help you... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Estate Planning for New Jersey on
Q: My boyfriend co-signed with me on the purchase of a vehicle, and we are both on title. I have made and continue to make

all the car payments, and we are both on the loan. My boyfriend died a couple years ago, and I now want to put the vehicle in only my name, except motor vehicle requires a copy of the death certificate, which the family will not give me. What recourse do I have to require them to give me a copy of... View More

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

You need to meet with an estate planning lawyer to educate you on what steps you need to take to transfer the title to the car into your name alone. While you may have made all of the payments, my concern is whether his estate makes a claim against you for their "share" of the value of... View More

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Q: What type of legal services would I need for an SSA IRMAA appeal administrative hearing?

I’m on permanent disability; I would like SSA to use my tax info from 2020 or 2022 as 2021 I only had high amount of taxable withdrawals from my dads Inherited IRA; used to purchase a low income affordable condo & pay taxes & additional money taken out in order to pay taxes etc. I... View More

James L. Arrasmith
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answered on Mar 4, 2023

To prepare for an SSA IRMAA appeal administrative hearing, you may want to consider seeking legal assistance from an attorney who specializes in Social Security law. They can help you present your case in the best way possible, and help you navigate the appeals process.

In addition, it may...
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Q: Code Enforcement illegally entered and took photos on my property then issued me a summons for it?

I currently have a summons to appear for a Trash/Debris ticket in my Municipality. We requested the Town to send us pictures after numerous times of us cleaning all areas seen by the public we reviewed the photos from Code Enforcement for it to reveal they entered our backyard without permission... View More

Morris Leo Greb
Morris Leo Greb
answered on Oct 11, 2022

Unless the municipality can show that there was an emergency situation which required immediate attention, the municipal officials can not enter your premises without your permission.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for New Jersey on
Q: If the ordance lacks the definition of an allowed variable does the definition of that variable have to be made public?

For example if the town only allows certain firepits do thay have to make the details of what makes a lawful firepit public? If the town has rules for such a firepit but the rules are not available to the public is this legal? Where is legally allowed for this information to be located?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 28, 2022

Depends on the town, but most rules and regulations for the town will be posted as a township ordinance and you may be able to find these online. However for what you are concerned about you may also have to look at the fire department regulations for the town/county/state. I suggest consulting... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Traffic Tickets for New Jersey on
Q: 88 year old doesnt have hard copy license has dementia cannot produce her drivers license number to replace

How to stop her from driving

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 16, 2022

This is a hard situation, has she diagnosed with dementia? if so her doctor will generally write a letter to MVC getting her license suspended.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Traffic Tickets for New Jersey on
Q: I got dwi in nj on nj license. I have 3 prior in GA on GA license 14 years ago. Because of DLC, do the old ones count?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 26, 2021

Yes they could count, you would need to pay a NJ lawyer to review the statute to see how similar the statutes are to get the answer you need.

1 Answer | Asked in DUI / DWI, Traffic Tickets and Gov & Administrative Law for New Jersey on
Q: best way to get the lowest amount of fines for multiple drunk driving fines?

39: 4-50,4-97,4-97.2,4-96,4-56,4-67,4-130,4-129A,3-74,3-33

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 26, 2021

In all honesty you should not be concerned about the fines but a few of these violations have a mandatory loss of license and even the possibility of jail time. That's what you need to hire a lawyer for, to try to reduce or eliminate these penalties. Money you can always make more, and you... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New Jersey on
Q: NJDMV ISSUED MY DRIVERS LICENSE TO ANOTHER PERSON WHO GOT IT SUSPENDED. WHAT CAN I DO???
Leonard R. Boyer
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answered on May 8, 2021

This does not make sense without knowing more facts. Getting any changes to a NJ driver's license is very difficult. Are you a N.J. resident who is temporarily in Alaska? More information is going to be needed to understand what is actually going on.

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