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New Jersey Civil Rights Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for New Jersey on
Q: Who is responsible for retaining wall in nj?

My neighbors property is about 10 ft above my level and the retaining wall is falling off. They want me to help pay for its repair.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 26, 2022

The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.

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... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
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... Read more »

Morris Leo Greb
PREMIUM
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... Read 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... Read more »

Leonard R. Boyer
Leonard R. Boyer
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... Read more »

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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 Esq.
H. Scott Aalsberg Esq.
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... Read more »

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 Esq.
H. Scott Aalsberg Esq.
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... Read 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
Debra Kradjian Stephans
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... Read 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 Esq.
H. Scott Aalsberg Esq.
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... Read 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... Read more »

Leonard R. Boyer
Leonard R. Boyer
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.

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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...
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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 Esq.
H. Scott Aalsberg Esq.
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... Read more »

Leonard R. Boyer
Leonard R. Boyer
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... Read 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... Read 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.

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1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: Why isn't dmv surcharge considered double jeopardy you paid a city and then you have to pay dmv for the same offence

Double Jeopardy

The Fifth Amendment to the U.S. Constitution provides, "No person shall … be subject for the same offence

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 28, 2021

Good Question, I believe the court would findthat since you are warned about it before by the law/regulation it is not double jeopardy.

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: How do I get a discrimination lawyer
Tim Akpinar
Tim Akpinar
answered on Oct 17, 2021

You could use the Find-a-Lawyer tab above. You could search independently on your own online. You could check the resources of the New Jersey State Bar Association. A local library might be able to offer additional resources. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New Jersey on
Q: my friend home is in atlanta,GA can our family stay his home legally for address proof. So that my son can go school
Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 15, 2021

You did not define the word 'stay'. If you mea=n reside full time. Then your son is able to attend school in the municipality in which the home is located. You will need to provide the necessary proofs to the Board of Education of the municipality such as written lease, proof of payment... Read more »

1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: Can i be emanispated at the age of 17 because of a verbal abusive guardian in Nj?

I have a job and am getting a good amount of money. I am in school still but will any of this interfere with getting emanispated. Even if i continue to go to school and take care of myself.

Richard Diamond
Richard Diamond
answered on Aug 5, 2021

Before deciding you need to be emancipated, go online and do a google search on available social services for teen counseling programs in your area to help prepare you for a change in your life. Counseling can help you better handle the abusive communications, assist you in understanding what... Read more »

2 Answers | Asked in Probate, Arbitration / Mediation Law, Civil Rights and Elder Law for New Jersey on
Q: My Aunt (now deceased-covid) had a will in 2008. The person on that will is contesting “new” will. Stating incompetent

He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 30, 2021

This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.

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1 Answer | Asked in Civil Litigation, Civil Rights and Municipal Law for New Jersey on
Q: Neighbor filed a municipal complaint about me calling police about loud noise music blasting all hours of the night

Claims my Ring Doorbell camera is pointed directly at her front door. We live directly across the street from each other

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 24, 2021

I would suggest that you contact a good criminal lawyer as it sounds like you may have some defenses to your case. Most of us criminal lawyers offer free in office consultation.

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Municipal Law for New Jersey on
Q: i am a victim of terroristic threat. i would like to take action against however dont know how/where to start. direct me

hello, after reading 2C:12-3 - Terroristic threats

i realized that i am a victim of terroristic threat. i would like to take action against however don't know how or where to start. can you direct me please?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 21, 2021

If it is currently ongoing or recent you may want to call the police.

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