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New Jersey Municipal Law Questions & Answers
2 Answers | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Do I need to be registered with the state of nj to have an in home day care

The Twp says we can’t have an in home day care. But the state says we can in a residential area if we have less than 5kids. But do we have to be registered? That state says it’s optional

Morris Leo Greb
Morris Leo Greb answered on Oct 25, 2021

It would be best if you complied with all and municipal requirements and registered with the State.

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1 Answer | Asked in Contracts, Employment Law, Business Law and Municipal Law for New Jersey on
Q: If a police department hires me and pays for me to attend the police academy (equipment/uniforms/salary included),

and part of that agreement is to sign a contract the day before graduating that says either you stay for 2-years or are responsible for paying back all the training costs (equipment/gear/uniforms/salary). If l quit that department to leave to work at another agency that is also PTC, the new agency... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 24, 2021

Speak to a employment law attorney with experience in this very narrow area of the law.

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Is not providing your name and address the basis for an obstruction charge?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2021

We would need to know the circumstances, but yes it can be.

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Can you make a left turn crossing double solid yellow lines. Into a shopping plaza in New Jersey’s
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 25, 2021

No, your not allowed to cross the double yellow lines. If this is what your charged with consider hiring a lawyer as a good lawyer should be able to reduce or eliminate the points that this ticket carries here in NJ. Most of us traffic ticket lawyers offer a free in office consultation.

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
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 Litigation, Civil Rights and Municipal Law for New Jersey on
Q: Neighbor filed a municipal complaint about me calling police about loud noise music blasting all hours of the night

Claims my Ring Doorbell camera is pointed directly at her front door. We live directly across the street from each other

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 24, 2021

I would suggest that you contact a good criminal lawyer as it sounds like you may have some defenses to your case. Most of us criminal lawyers offer free in office consultation.

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, Family Law, Adoption and Municipal Law for New Jersey on
Q: Can law enforcement question an 18 yr old if they're legally disabled and mentally half their age?

Especially since they are legally still under a kinship legal guardian because they didnt graduate yet because they have learning disabilities and their legal guardian took them to the police department under false pretenses and did not give consent to be interrogated alone which should mean the... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2021

The issue is not whether the police can question the individual but whether the information provided to the police as a result of the interrogation is admissible or can be used in a criminal court proceeding.

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Are protections afforded developers against ordinance changes in effect upon Site Plan application or Approval?

I have been told that once a developer submits a site plan application they are protected from local ordinance changes or state regulation changes. I read the NJ Municipal Land Use Law as affording such protections only after an applicant receives Preliminary Site Plan approval.

Morris Leo Greb
Morris Leo Greb answered on Feb 28, 2021

Generally, the protection is from approval. Often the approvals contain a provision limiting the length of time for protection.

1 Answer | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: What do I do if the Township's Public Health Officer has the last word but makes a mistake in judgement ?

Hopewell Township's (Mercer County, NJ) Public Health Nuisance Code contains the sentence "Wherever there is a question as to the significance of an alleged infraction or the factual existence of an alleged infraction, the prudent judgment of the health officer or other enforcing official... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2021

Speak to an attorney who practices municipal law.

1 Answer | Asked in Consumer Law, Contracts and Municipal Law for New Jersey on
Q: The trade in dealership failed to turn in my plates resulting in my drivers license being suspended

Resulted in my driver's license being suspended, not being able to drive, the new car not being able to be driven, and DMV wanting to fill out forms with process times of 7-10 business days, plus cost of restoration plus daily suspension fees.

Morris Leo Greb
Morris Leo Greb answered on Jan 14, 2021

You have an excellent cause of action to file a civil action against the dealership to recover any damages you nhave sustained. Further, you may wish to file a criminal complaint also. However, when demanding payment for damages do not threaten filing a criminal complaint if the dealership refuses... Read more »

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Richard Diamond
Richard Diamond answered on Aug 26, 2020

From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at... Read more »

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1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: If my front tinted windows were all the way down and I have no tint on front windshield just rear windows and rear back

Is it probable cause to write me a ticket while ot was still a little light out also. If so I'm trying to pull up the price for 1 n hf weeks now and Newark NJ isnt coming up that on the internet and not answering phones.Do you know around what price ? Thank you

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 20, 2020

Unfortunately your not allowed to have tinted windows in NJ unless you have a medical exception, they are factory tints or your tints is no more than the legally allowed percentages.

2 Answers | Asked in Immigration Law and Municipal Law for New Jersey on
Q: What measures do a couple who are age apart and one illegal have to make?

The couple is 13 years apart and the man is of illegal status. Will there be any complications in the process of trying to get married? Also let's say the girl is trying to get a legal status for her parents, will her getting married affect that as well?

Matthew J Hartnett
Matthew J Hartnett answered on Apr 30, 2020

The age difference shouldn't matter. The key for marriage based immigration is that the marriage has to be "bona fide", which means that the marriage cannot only be for immigration purposes. They have to want to be married to each other even if you remove immigration from the... Read more »

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2 Answers | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Is it worth pleasing not guilty to nj39:4-81
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 4, 2020

The answer depends on many factors such as do you have any points on your license are you a US citizen or do you drive for a living if so the answer is definitely yes and hire a good lawyer. If you don't fall into any of these categories then maybe it's just worth paying it because of... Read more »

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1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Car towed from front of parents driveway on dead end. Only driveway there. Can I fight ticket and get tow expense back

Parked in front of parents driveway on dead end street for church on Sunday. Arrived about 9:30 for church which started at 9:00. Car gone when leaving and found to be towed. No one at church or home called in car. Report from police to release car says call made at 8:13. I was still at my home.... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 17, 2020

You would need to check the borough ordinance for your city or town however generally it is never acceptable to park in front of a driveway even if it is your own.

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Was charged with 2c:35-10c and was just put on Conditional Dismissal. First drug offense and I'm a nervous wreck
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 3, 2020

Get yourself a good lawyer to reduce the penalties you face with your new charge and your old charge which will now come back to haunt you. Just remember the old saying a good lawyer is never cheap and a cheap lawyer is never . . . as they say in life you get the quality you pay for

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: 2c:35-10c

Was charged with this and on a conditional discharge

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 3, 2020

That means you face the full penalty of your new charge and will be kicked out of the conditional discharge for your original charge and face those penalties also. I suggest you set up a consultation with a good lawyer to give yourself the best chance of avoiding the full penalties you face.

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?

I am the plaintiff. I have excellent proof. Is there any way I can get prosecutors to change it to Superior Court?

Howard Lesnik
Howard Lesnik answered on Dec 19, 2019

Prosecutors have the discretion on whether to keep the case in Superior Court, or downgrade it to Municipal Court. You can provide your proof of loss to the prosecutor and request restitution, or you can file a claim in special civil part to recover your damages.

2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 8, 2019

Generally a case like this would be downgraded to municipal court because the proofs against the defendant are weak. Prosecutors know that the conviction rate in Municipal Court is much much higher than in Superior Court especially for theft charges.

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