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New Jersey Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for New Jersey on
Q: under New Jersey State Constitution , Article I Rights and Privileges question (details in more information) thanks

under New Jersey State Constitution , Article I

Rights and Privileges"All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property,... View More

James L. Arrasmith
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answered on Mar 7, 2024

The New Jersey State Constitution, under Article I, indeed outlines the broad rights and privileges that protect individuals' freedoms, including the right to own and protect property. However, interpreting these rights in specific contexts, like refusing the installation of utility equipment,... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: What kind of lawyer can I reach out to for Housing, NJ Section 8 Voucher problems?

I am having a problem with NJ Department of Community Affairs when it comes to my Section 8 HCV application, I was selected to be on the waitlist and I filled out the application completely and information in my waitlist portal changed from me beings on the list to not being of the list. Now, a DCA... View More

James L. Arrasmith
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answered on Mar 6, 2024

For issues related to the Section 8 Housing Choice Voucher (HCV) program in New Jersey, reaching out to a lawyer who focuses on housing or landlord-tenant law would be beneficial. These attorneys are knowledgeable about the rights and regulations governing housing assistance programs, including... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: What kind of lawyer can I reach out to for Housing, NJ Section 8 Voucher problems?

I am having a problem with NJ Department of Community Affairs when it comes to my Section 8 HCV application, I was selected to be on the waitlist and I filled out the application completely and information in my waitlist portal changed from me beings on the list to not being of the list. Now, a DCA... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

Landlord-Tenant/Housing Law attorneys would be a place to start. In addition to your own searches, there is a "Find a Lawyer" tab above. Local and state bar associations might have info in terms of attorney recommendations. Those resources fall outside this Q & A forum - any... View More

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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 and Constitutional Law for New Jersey on
Q: disqualifier for owning firearms in New Jersey

Hello!

In 2013 when I applied for my firearm ID card and permit to purchase a handgun, I was rejected because I disclosed that I voluntarily saw a psychologist for counseling. I also believed that I answered question number 26 incorrectly. I was never admitted to or committed to an... View More

James L. Arrasmith
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answered on Feb 23, 2024

Given your previous experience with successfully appealing a denial for a firearm permit in New Jersey, it's understandable that you're concerned about the impact of the new disqualifier related to voluntarily seeing a psychiatrist. While I can't provide legal advice, it's... View More

1 Answer | Asked in Civil Litigation, Communications Law and Constitutional Law for New Jersey on
Q: i have a private investigator who is trying to serve a civil court subpoena.

i have a private investigator who is trying to serve a civil court subpoena. i live in a private community and they keep showing up at my home 1st what can i do to stop or minimize this 2nd can PI look through my home windows and walk around my property, is there a limitation before it can be... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are a few key things to know in this situation under New Jersey law:

1. You can inform the private investigator and request they stop coming to your private residential community and home to serve the subpoena. However, legally they are allowed to attempt service at a person's...
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2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: I was arrested for contempt of court September 12,2023 then police charged me with a another contempt filed by plain tif

But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 16, 2024

We would need to see the documents to properly answer your question, but many times the arrest date is considered the date the complaint was filed. But you shouldn't be in contempt if you were never served with the order. Get yourself a lawyer a contempt charge is a serious criminal offense.

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2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: I was arrested for contempt of court September 12,2023 then police charged me with a another contempt filed by plain tif

But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do

James L. Arrasmith
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answered on Jan 16, 2024

In New Jersey, if you were arrested for contempt of court and charged with an additional contempt that you were not previously aware of, there are some legal considerations to keep in mind. Firstly, for a contempt charge, it's typically required that you be made aware of the court order... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Constitutional Law for New Jersey on
Q: Can the father of his pregnant minor daughter put the daughter's boyfriend on child support when the baby is born?

I'm currently 17 years old and I recently told my father I was pregnant. He's pushing abortion pretty hard but that's not my choice. The father of the baby is very involved and is currently 18. My father has given me an ultimatum: if I don't abort the baby, I'm to not be in... View More

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, it's important to understand that parental rights and responsibilities primarily rest with the biological parents of the child, not the grandparents. Once your baby is born, you and your boyfriend, as the biological parents, are the primary individuals responsible for the... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for New Jersey on
Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment

Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead plaintiff and getting the civil case dismissed.

James L. Arrasmith
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answered on Dec 30, 2023

In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take.

Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns...
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1 Answer | Asked in Personal Injury, Civil Litigation and Constitutional Law for New Jersey on
Q: Where may I send my brief of healthcare negligence and lawyers filling false documents to mislead the plaintiff in nj.

Hiding legal certified mail ,false testimony ,preparing false court orders lie about hearing adjournment preparing false motion decisions and getting it designed by court staff

James L. Arrasmith
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answered on Dec 30, 2023

For matters involving healthcare negligence and legal misconduct in New Jersey, you have several avenues for submitting your brief and raising these concerns.

Firstly, if your case is already within the legal system, you should file any relevant documents with the court handling your case....
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1 Answer | Asked in Constitutional Law for New Jersey on
Q: If someone says I pulled a gun on them an it's on video that I didn't the cops arrested me and impound my car what to do

I did have a bb gun and told the kids harassing me that I had a gun but nvr showed it just wanted them to leave me alone I was arrested and charged for fararm charge also it's been 3 days

James L. Arrasmith
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answered on Dec 29, 2023

In your situation, the first step is to seek legal representation immediately. Being charged with a firearm-related offense is serious, and an attorney can help you navigate the legal process.

Since you mentioned that there is video evidence showing that you did not pull a gun, this...
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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 Criminal Law, Personal Injury and Constitutional Law for New Jersey on
Q: What are the firearm guidelines to protecting yourself and family in a NJ home invasion?

It is very hard to stay calm and think correctly in a home invasion given several factors: emotions, fear, not knowing the robber(s) intent to harm, kill, rape or kidnap, and the element of surprise is on their side to conquer. You don't know if they have weapons on them: knife, mace, gun, and... View More

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answered on Nov 5, 2023

In New Jersey, the use of force in self-defense, including deadly force, is generally permissible when you reasonably believe such force is necessary to protect yourself or others from imminent harm. The state's laws allow for the use of force in your home under the "Castle... View More

1 Answer | Asked in Constitutional Law for New Jersey on
Q: Is it a Disbar-able offense for a Lawyer to Knowingly and Willingly join an International Lawsuit breaking Oath!

I’m aware of a number of Lawyers who have joined a Foreign Country in a Massive Lawsuit against a certain manufacturing industry here in America. Each Lawyer Swore to Uphold and Protect the Constitution of the USA ,yet they are enjoined to a foreign power in the pursuit of suing an entire... View More

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answered on Oct 15, 2023

Attorneys in the United States do take an oath to uphold the Constitution, but representing foreign entities or individuals in litigation does not inherently breach that oath. U.S. lawyers frequently represent foreign clients in a variety of legal matters, including lawsuits. The mere act of... View More

Q: Can we the people of NJ sue the government to stop the industrialization of our oceans?

The surveying of our oceans during pre-construction is killing our marine life, fishing industry, property values tourism hurting human health and will cause our electric bills to sky rocket. No one wants them. Our NJ Governor Phil Murphy gave the Danish company $1 billion of our tax payers money... View More

James L. Arrasmith
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answered on Sep 11, 2023

Certainly, concerned citizens have legal avenues to assert their rights and raise their grievances against government actions that they believe are harmful to the environment and the community. In the context of New Jersey and the actions of Governor Phil Murphy that you described, there are a... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Can a maintenance technician unlock an apartment door for police and then change tenant lock without a request/notice

The Grande at Metropark in Iselin did this to my apt

Morris Leo Greb
Morris Leo Greb
answered on May 2, 2023

No for several reasons. The right of quiet enjoyment means that no one can enter your apartment without your permission. The only exception is when there is an emergency situation such as pipes leaking water or gas. Secondly there is no self help for residences, any action to evict as tenant can... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for New Jersey on
Q: Can I sue the police department for failing to protect my rights?

As of July of 2022, I was granted an FRO from a Bergen County judge against my ex. This past Friday, my ex went to the Little Ferry precinct and showed officers a fake text from the judge stating that the FRO was lifted and he was allowed back into my home. They believed him and allowed him to come... View More

Richard Diamond
Richard Diamond
answered on May 1, 2023

I would contact the domestic violence office for the county courthouse where you obtained the restraining order and ask if you can file an application with the court for a violation of the restraining order and when they say that you should report it to the local police, tell them that you want to... View More

3 Answers | Asked in Constitutional Law for New Jersey on
Q: Under the “Full Faith and Credit” clause, why are medical licenses required for different states,unlike drivers licenses

It would seem to me that if the Full Faith and credit clause requires that drivers licenses are recognized state to state that the same would be true for professional licenses.

Morris Leo Greb
Morris Leo Greb
answered on Sep 6, 2023

The Bill of Rights Tenth Amendments permits the States to enact its own laws.

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1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: if a person is under survillance do they have the right to ask and see the police report that started the survillance
T. Augustus Claus
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answered on Jul 24, 2023

If you're under surveillance by the police, you might be curious to see the police report that led to it. However, police reports are considered law enforcement records, and access to them is regulated by state laws. So, you may not have an automatic right to see the report that initiated the... View More

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