Lawyers, Answer Questions  & Get Points Log In
New Jersey Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What are the reasons that a prosecutor can withdraw a plea ?

The prosecutor prior to sentencing realize you made a mistake and now she wants to send it back to Grand Jury the defendant did nothing wrong and changed nothing

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 22, 2020

In general If you talking in regards to a plea bargain, they don't need a reason to withdraw a plea unless the plea deal was already accepted by the defendant in court.

1 Answer | Asked in Constitutional Law, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Since i wont date my landlord he has put my house for sale I pay my rent on time, what can I do?

I have been living there for five years,each of those years I've had to deal with him popping up and bringing me gifts,showing up walking around the windows,and just walking in saying he had to drop something off.I have always laughed him off, told him I did not feel comfortable but he... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 15, 2020

There are two issues raised in your question.

The first is the Landlord coming into your apartment uninvited and harassing you generally. Wheteher you have a written or oral lease you are entitled to quiet enjoyment. The landlord is breaching this provision of the lease.As such, you may...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for New Jersey on
Q: Am I allowed to move in to my Aunts house at 17 because of abuse from adoptive parent?

My mom is very abusive and constantly says things out of order and bring my mental stability to an all time low. My family has noticed and I want to move in with my Aunt. My mom tells me they're not my real family and i'm not wanted but they've insisted i live with them. Is it okay... Read more »

Richard Diamond
Richard Diamond answered on Nov 10, 2020

2 things need to happen quickly.

1st off, you need to search the following sites for mental health counseling services for yourself.

Everything about your setting screams out for help so that you have a chance at a healthier future....
Read more »

2 Answers | Asked in Copyright and Constitutional Law for New Jersey on
Q: The other day I was filmed without consent in a Laughing situation Not a serious money and I want to know if I can sue
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 17, 2020

You can always sue, but it is probably not worth it unless it is affecting you substantially and you can quantify it

View More Answers

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Constitutional Law for New Jersey on
Q: Can I get a Disorderly conduct plea taken off my record or fully sealed or expunged, this conviction was IN NY.

I was arrested 10 years ago In NY when I was 22 , and i understand my conviction was conditional discharge, I wanted to know if there is anyway I can get it expunged or pardoned in any way, I have noticed that I have applied for many govt jobs and have been turned down do to my criminal background,... Read more »

James A. Abate
James A. Abate answered on Apr 22, 2020

This has been posted to the New Jersey forum. you will need to ask lawyers in New York.

View More 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

View More Answers

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... 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... 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.

View More Answers

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.

View More Answers

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.

View More Answers

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... 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.

View More Answers

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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.