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New Jersey Constitutional Law Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims, Real Estate Law and Constitutional Law for New Jersey on
Q: I have my certificate of birth, a specific AFFIDAVIT, I am still a debtor, I am doing a UCC1 filing

W. Sitzler is the Judge and the district attorney is not listed.

Morris Leo Greb
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Morris Leo Greb
answered on Jun 18, 2022

The question is missing details. Please complete the question. I will try to respond once a complete question is posted.

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 »

2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Internet Law for New Jersey on
Q: How do I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. It's only legal when you are a child, but when you... Read more »

James A. Abate
James A. Abate
answered on Mar 31, 2022

There is not a suit for money damages in my opinion. But if you want to spend attorneys fees to investigate their might be someone who will take your money. If you believe your privacy was criminality violated you can ask the police to prosecute. But the family secure app may require a family... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission as it is considered an invasion of privacy. Can I legally sue?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 17, 2022

The answer will depend on many factors which are unknown the main being who is the person the phone plan is under, and who paid for the phone etc.

4 Answers | Asked in Criminal Law, Family Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. Can I legally sue?

Leonard: I do not appreciate... Read more »

Richard Diamond
Richard Diamond
answered on Jan 4, 2022

Let's approach this issue differently for a moment. Let's assume that your mother did install an app on your phone and that it was done without your permission. At age 25, what is it that your mother is going to find out about you that you care less about any longer? I am not trying to... Read more »

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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

2 Answers | Asked in Constitutional Law, Landlord - Tenant and Municipal Law for New Jersey on
Q: Can my HOA prohibit me from displaying the American Flag that has the thin blue & red line in support of Police and Fire

At one of the HOA meetings I attended (virtually) I asked if I could display the American Flag that had the thin blue and red line honoring firefighters and police officers (I have both of these heroes in my family) and one the members of the ARB barely let me finish my sentence before saying no... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 11, 2021

This is a complicated question which requires an examination of the organic documents of the HOA as well as a review of the history of the HOA in permitting outside displays. Are front door or outdoor terrace railing displays permitted by the HOA? Are flags permitted to be displayed for Flag Day?

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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.

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
PREMIUM
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

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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.

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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... 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
PREMIUM
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?

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