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New Jersey Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Civil Rights, Elder Law and Probate for New Jersey on
Q: Do lawyers have access to court audios?

Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?

Andrew M Shaw
Andrew M Shaw answered on Aug 31, 2020

Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.

3 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Is it legal for a official to use torture to get you to agree to take a plea?

Sleep deprivation and touching of intimate spaces over and over. Want force a deal for something I do not owe and am innocent of. I have signed nothing. do rights pertain to people who are not being detained but are being harassed and targeted too.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 28, 2020

Everything depends on the facts of your case such as were you put in a room and questioned for 16 hours probably yes. Were you put in a room for 2 hours and signed a Miranda Form probably not, but everything is up to the judge.

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1 Answer | Asked in Personal Injury and Civil Rights for New Jersey on
Q: I was attacked by a laundromat employee and I need an attorney, I am not sure what kind. I am a person of color.

I filed a police report and the way it was written, to me, it reads like I did something wrong. This is so with the knowledge that there was video footage that they the Police refuse to secure. I live in Rutherford.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 19, 2020

You need a personal injury lawyer and you should have your lawyer subpoena the video it is not the responsibility of the police to do this for you.

2 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Can a detective from one town obtain a search warrant and execute the warrant in another town?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 18, 2020

The answer and short is yes but an attorney would need to read the warrant to see if it's valid

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1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: Can my parents call the cops on me ?

I’m 18 years old living in New Jersey and I want to move out. I have plans to move and stay with my boyfriend can my parents call the cops and forcefully remove me from his home?

Richard Diamond
Richard Diamond answered on Apr 7, 2020

This is every parents worst nightmare ( or at lease one of their nightmares) and its also a test for you. I have been a divorce & family law attorney for the past 34 years and have tried to help parents with their relationships with their children through the court system, through mediation and... Read more »

3 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How much does the average attorney charge to appear and represent in a civil court matter?

I have a civil case court matter coming up and I need help with representation.

Tim Akpinar
Tim Akpinar answered on Mar 29, 2020

It's unlikely for an attorney to quote a price on handling a case/matter sight unseen, without knowing anything about what it involves (contract, tort, property, etc.), and other factors. For something like that, you would probably be better off contacting attorneys on your own and discussing.... Read more »

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1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: How long will he be in jail code 2c:292c:29-3a(7

I wanted to know

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 27, 2020

Looks like you wrote the code wrong, but an attorney would need to review the complaint to give you a proper answer.

1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: Hello, I'm a Massachusetts driver who went and purchased a car in, New Jersey. On the way home I received summons2 appea

On the way home. I received two tickets. Can I hire a lawyer? To appear for me and waive my appearance for the second ticket that has no price.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 10, 2020

The answer is it depends. In general if you hire a lawyer you may be able to avoid having to appear in court. However, that rule changes when you have a mandatory court appearance ticket. In that case a lawyer will need to convince the judge you don't need to come. And in cases such as DWI... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for New Jersey on
Q: I have outstanding business loan and creditor notified that they have filed UCC-1.

I will be filing for dissolution of my company this week. Do they have access to our business bank account? i'm planning to close the bank account in 2 weeks.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

This is exactly the same question you asked on another legal website. The answer is the same, you need to retain an experienced bankruptcy attorney and file a Chapter 7 Business Bankruptcy to solve your problem, unless you personally guaranteed this or any other debt.

2 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Can I withdraw my guilty plea of eluding police (car chase) if I fired my lawyer due to misrepresentation?

My ex-lawyer advised me to plead guilty to get into drug court (Zanex) because he said, "everyone gets into drug court once"!

So under his advisement, I pleaded guilty.

Also lack of urgency by my lawyer to obtain video tape of police assault and lack of obtaining Police video/audio CAM.

Gary Kollin
Gary Kollin answered on Oct 15, 2019

You can try

If you withdraw it, can you win?

Police miscondiuct of the nature you describe is not a defense to drug possession

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1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Can I obtain a gun permit for A misdemeanor disorderly person? I got 12 months of probation, settled in municipal court.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2019

The decision on whether you qualify is based on the Statue but more importantly on the chief of police in the town that you live in.

2 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Neighbor has camera facing my bedroom window and backyard.
Gary Kollin
Gary Kollin answered on Aug 28, 2019

Thank you for sharing. No question asked

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1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Landlord - Tenant for New Jersey on
Q: Hello i believe and know im a vixtim of illegal search and seizure in the state of nj ninvited guest fight ensued
James A. Abate
James A. Abate answered on Jul 19, 2019

Its difficult to respond because I am not sure what the question is. Were you arrested? For what? Who searched you? What did they do? What did they find? What does the guest and the fight have to do with the police? Why were the police there? Was it in a car? Home? In Public? Additional... Read more »

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for New Jersey on
Q: I am being garnished Alimony and Child support based on a $150,000 salary i made 6 years ago, i make 92k now. Help

I cant survive on my salary and paying 65% of it, I cant pay full Alimony and I am behind over $205k I cant afford a lawyer i am 58 broke and have no savings. The court is draining me. IS there no one that can help me?

Teresa L. Reichek
Teresa L. Reichek answered on Jun 26, 2019

You need to find a experienced family law attorney who can file a motion on your behalf requesting modification due to a change in circumstances. You should be prepared to fill out a new set of financial forms and be able to explain why your income has been reduced and why it is unlikely to be... Read more »

1 Answer | Asked in Civil Rights and Consumer Law for New Jersey on
Q: Can a discrimination suit be filed if unjustly banned from a Home Depot under false circumstances becuz im black ?

i am a licensed contractor in NJ I was harassed/discriminated against for months by a Home Depot Loss prevention employee who called the Toms River Police on myself and my construction crew because she profiles us as thieves (were Black) even though i spent 4k in the store that day and had... Read more »

Madeline Houston
Madeline Houston answered on May 10, 2019

Discriminating against customers in the way you describe is a violation of the New Jersey Law Against Discrimination, which provides for compensatory damages, punitive damages, and payment of the plaintiff's attorneys' fees if the case prevails. An attorney considering filing such a... Read more »

2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Municipal Law for New Jersey on
Q: I was ask to take breathe test but machine was broken so I was told I don't have to take it then I was charged with ref

It was more than 120days when it was heard so what can I do about it plus I was giving 6 months in jail. It was heard in different court

Howard Lesnik
Howard Lesnik answered on Apr 26, 2019

DWIs and refusal cases are very serious and you can lose your license for 7 to 12 months for a first offense. You should consult with an attorney to see if the police followed the requirements in order to administer the Alcotest. Also, an attorney can examine whether the machine was calibrated... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Social Security for New Jersey on
Q: Can an elderly disabled women be evicted for having a caregiver stay with her and for feeding stray cats?

She has been living in the same senior complex for 23 years and has never had anything written against her. Now that my father passed a year ago she needs help so I am staying with her temporarily. I have been here since Aug 2018 and do plan to leave if my mother can get strong enough to stay alone.

Madeline Houston
Madeline Houston answered on Mar 28, 2019

Based on the facts provided thus far it appears that your mother may well have rights under various federal and state laws regarding disabled persons that are being violated. More facts are needed to make a determination as to your mother's options. You should promptly contact an attorney... Read more »

2 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Is a police report of an arrest considered Public Records in NJ and is it accessible to any individual who requests it?

Only a Police report of an incident prior to any court activity.

Leon Matchin
Leon Matchin answered on Feb 8, 2019

You should look up New Jersey Court Rule 1:38 about that.

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Election Law for New Jersey on
Q: I was forced off a public sidewalk by a sitting elected town council person while viewing a public event. My recourse?

A currently elected and serving elected town council person ordered me from a sidewalk in front of his store during a public event, parade. The reason he made the order is simply that we have different point of view on how government is run and he does not like me. I was in the peaceful act of... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 5, 2019

Best to speak to a civil rights lawyer rather than a criminal lawyer.

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for New Jersey on
Q: i no longer wish to go to drug therapy ordered by my dyfs worker. the only finding is my positive marijuana test.

i have been going for substance abuse treatment for 3 month and have been compliant. i still test positive for marijuana and i stopped going to treatment for two weeks, now my substance abuse treatment center is closing my patient case as non compliant. how can i fight this and stop having to go to... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 3, 2019

Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.

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