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New Jersey Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI, Constitutional Law and Election Law for New Jersey on
Q: Can a dui arrest be an impeachment?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

An impeachment for what. I suggest reposting your question with more information

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1 Answer | Asked in Constitutional Law for New Jersey on
Q: Why are there two due process clauses in the constitution?

If the due process clause of the fifth amendment had already been incorporated, what was the point of adding another in the fourteenth amendment? Is there any major difference between the two, as both are worded quite similarly?

Tim Akpinar
Tim Akpinar answered on Jul 21, 2019

'Good question. You are correct; they are worded similarly. The due process clause in the Fifth Amendment of the U.S. Constitution addresses procedural due process. The clause in the Fourteenth Amendment addresses substantive due process. Procedural generally means pertaining to hearings (such as... Read more »

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 and... Read more »

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for New Jersey on
Q: 10 yr. ago i saw my neighbor buring a rug in his backyard. we havenot seen his wife since then. am obliged 2 go 2 police

i was 8 at the time and with my sister. we saw my neighbor come out of his house with a giant rug rolled up in a wheel barrel. he then walked to his empty yard, dug a giant hole, buried the rug, and then left. a week prior his wife was crying in the front of the house and my mother comforted her... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 3, 2018

Obligations come both morally and legally, I guess it would depend on how you feel.

1 Answer | Asked in Contracts, Traffic Tickets and Constitutional Law for New Jersey on
Q: How is jurisdiction established when it's questioned? Can I be forced into a contract of another's making?

I was told that, unbeknownst to me, by obtaining a driver's license I subjected myself to the jurisdiction of a woman sitting as a judge in a Municipal court.

I believe she's lying.

Leon Matchin
Leon Matchin answered on Nov 16, 2018

it's in the beginning of the new jersey court rules. you can easily look them up online.

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

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

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 3, 2018

Best ways to contact a civil rights attorney.

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

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

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. 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... Read 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 Esq.
H. Scott Aalsberg Esq. 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 Esq.
H. Scott Aalsberg Esq. 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 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, 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 Esq.
H. Scott Aalsberg Esq. 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.

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