New Jersey Questions & Answers by Practice Area
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New Jersey Questions & Answers
Q: My father is trying to kick me out of my home. I’ve lived with my parents my whole life. I have done nothing malicious
Leonard R. Boyer's answer
Your parents do not have to provide you with a home indefinitely. Your actions in getting pregnant without any financial support from the child's father is irresponsible on your part. There is no legal basis that I am aware of that would enable you to sue your father. Why are you staying at home, when you should be with the father of your child, who should be supporting you and providing medical and financial support for you and the child? You have your priorities all wrong. You are not willing...
Your parents do not have to provide you with a home indefinitely. Your actions in getting pregnant without any financial support from the child's father is irresponsible on your part. There is no legal basis that I am aware of that would enable you to sue your father. Why are you staying at home, when you should be with the father of your child, who should be supporting you and providing medical and financial support for you and the child? You have your priorities all wrong. You are not willing...
Q: have contract to purchase home and I the buyer have been told there are leases on property.
Leonard R. Boyer's answer
Unless you retain an experienced attorney to represent you and there is a document review, nothing will be known and nothing can be done to help you.
Unless you retain an experienced attorney to represent you and there is a document review, nothing will be known and nothing can be done to help you.
Q: I would like to get my children us citizenship so what can be procedure?
Leonard R. Boyer's answer
Your situation is far too complex and fact specific to be answered in an online forum. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future. Do not let geographic restrictions get in the way of retaining the best...
Your situation is far too complex and fact specific to be answered in an online forum. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future. Do not let geographic restrictions get in the way of retaining the best...
Q: What is the punishment for a third offense for hindering
H. Scott Aalsberg Esq.'s answer
The answer would depend on the degree of crime you are charged with for hindering. To best determine the punishment you face I suggest a consultation with an experienced criminal lawyer.
The answer would depend on the degree of crime you are charged with for hindering. To best determine the punishment you face I suggest a consultation with an experienced criminal lawyer.
Q: Can this defense be use if you feel a animal is in harm ?
H. Scott Aalsberg Esq.'s answer
Maybe if you can convince a jury that was your intentions it's called jury nullification.
Maybe if you can convince a jury that was your intentions it's called jury nullification.
Q: I was charged with hindering but never arrested for it. If I hindered wouldn't I be arrested on sight.
H. Scott Aalsberg Esq.'s answer
Honestly your guess is as good as ours, but some cops are just not that anxious to arrest someone especially if you are near their time to go home as it can take 1 to 2 hours to process you.
Honestly your guess is as good as ours, but some cops are just not that anxious to arrest someone especially if you are near their time to go home as it can take 1 to 2 hours to process you.
Q: 2/11/19: got a ticket in Mercer Co., NJ for driving without a license (it had expired 3 days prior on 2/8/19)
Stuart Nachbar's answer
Probably not to drop the case, but you can probably get the Prosecutor to lower the charge to a basic failure to have in possession which is just a small fine
Probably not to drop the case, but you can probably get the Prosecutor to lower the charge to a basic failure to have in possession which is just a small fine
Q: I co signed the mortgage of my cousin almost 5 years ago where we had a verbal agreement that in 2 years he would refin
Leonard R. Boyer's answer
You need to retain an experienced civil litigation attorney to represent your interests in this matter. There is a straight forward way that an attorney who is experienced in both civil litigation and real estate can take to protect your interests. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially...
You need to retain an experienced civil litigation attorney to represent your interests in this matter. There is a straight forward way that an attorney who is experienced in both civil litigation and real estate can take to protect your interests. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially...
Q: I am currently having my wadges garnished at 15% per pay period for Restitution from a case in 1999 in Ohio. I have been
Leonard R. Boyer's answer
There is no way to change it. You need to file a Chapter 13 bankruptcy and pay it off over a 60 month period of time. This may make your payments more manageable. But it is expressly not dischargable in bankruptcy.Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
There is no way to change it. You need to file a Chapter 13 bankruptcy and pay it off over a 60 month period of time. This may make your payments more manageable. But it is expressly not dischargable in bankruptcy.Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Q: What are my rights in NJ as a tenant after a new owner takes over?
H. Scott Aalsberg Esq.'s answer
Everything varies from town to town I would suggest a consultation with an experienced lawyer, it may cost you a few bucks but at least you will get the answers you need.
Everything varies from town to town I would suggest a consultation with an experienced lawyer, it may cost you a few bucks but at least you will get the answers you need.
Q: Hello, did violation code 39:4-144 have point or not?
H. Scott Aalsberg Esq.'s answer
Yes it has 2 points, if you need to get rid of these points and have the least effect on your record, your best option is to hire a good lawyer.
Yes it has 2 points, if you need to get rid of these points and have the least effect on your record, your best option is to hire a good lawyer.
Q: I have a disorderly person offense that I missed my court appearance on in municipal Court in Camden county NJ.
H. Scott Aalsberg Esq.'s answer
The bail reform act did not cover cases in Municipal Court. You need to pay the warrant. I would also suggest hiring a lawyer for the disorderly persons offense if you cannot afford one after you pay the warrant you can apply for a public defender.
The bail reform act did not cover cases in Municipal Court. You need to pay the warrant. I would also suggest hiring a lawyer for the disorderly persons offense if you cannot afford one after you pay the warrant you can apply for a public defender.
Q: My husband was violated for a dirty urine while on parole and I'm trying to figure out how long will he have to do
H. Scott Aalsberg Esq.'s answer
Generally a dirty urine will result in a violation and yes he should have a lawyer, to try to reduce the time he may serve.
Generally a dirty urine will result in a violation and yes he should have a lawyer, to try to reduce the time he may serve.
Q: Hi my ex wife put a restraining order out on me she lied on the paperwork what can i do
Leonard R. Boyer's answer
You need to retain an experienced matrimonial attorney, with extensive domestic violence trial experience to help you and represent you in this case. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
You need to retain an experienced matrimonial attorney, with extensive domestic violence trial experience to help you and represent you in this case. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Q: He stole from his dads credit card is this punishable by law and how severe
Leon Matchin's answer
Certainly is punishable and severity depends on his age and his record and the degree depends on how much?
Certainly is punishable and severity depends on his age and his record and the degree depends on how much?
Q: I was watching a friends dog and took them outside some kids started yelling and he got scared broke free and bit one
H. Scott Aalsberg Esq.'s answer
Probably not unless the dog had done this before or some purposeful conduct could be found. If charged get a good lawyer. More of a worry should be a civil lawsuit.
Probably not unless the dog had done this before or some purposeful conduct could be found. If charged get a good lawyer. More of a worry should be a civil lawsuit.
Q: I purchased my car off a mechanic lot that was allowing a person to sell off it, the seller was never there to put on
1 Answer
| Asked
in
Civil Litigation, Contracts, Criminal Law and Appeals / Appellate Law
for
New Jersey
on
Answered on Feb 9, 2019
Answered on Feb 9, 2019
Q: my uncle died with a predeceased sister and two alive brothers. Are the children of my predeceased aunt heirs as well
H. Scott Aalsberg Esq.'s answer
We are not supposed to give you specific answers to legal questions site only general answers. I would suggest to get specific answers on what to do, that you setup a consultation with a local lawyer. It may cost a few hundred for the advise, but its better than getting sued later on for doing the wrong thing.
We are not supposed to give you specific answers to legal questions site only general answers. I would suggest to get specific answers on what to do, that you setup a consultation with a local lawyer. It may cost a few hundred for the advise, but its better than getting sued later on for doing the wrong thing.
Q: i put insurance the next day after getting pulled over without it and can it lower the charges
1 Answer
| Asked
in
Insurance Bad Faith and Insurance Defense
for
New Jersey
on
Answered on Feb 9, 2019
Answered on Feb 9, 2019
H. Scott Aalsberg Esq.'s answer
For a First Offense No Insurance charge, you face the loss of your license for one year, community service to be determined by the court and a fine between $300.00 and $1,000.00.
For a Second or Subsequent Offense you face a fine of up to $5,000.00 and imprisonment (jail) for 14 days and 30 days
community service plus 2 year loss of your drivers license
The period of license suspension may be reduced or eliminated if the person provides the court with satisfactory...
For a First Offense No Insurance charge, you face the loss of your license for one year, community service to be determined by the court and a fine between $300.00 and $1,000.00.
For a Second or Subsequent Offense you face a fine of up to $5,000.00 and imprisonment (jail) for 14 days and 30 days
community service plus 2 year loss of your drivers license
The period of license suspension may be reduced or eliminated if the person provides the court with satisfactory...
Q: I work 24 hours per week at 11.75. The judge added 16 hours to my income at 8.50 stating I have to be employed fulltime.
Leonard R. Boyer's answer
Yes, it is legal for a Judge to impute income at minimum wage or higher to someone who is not working full-time, unless there is a legitimate justification for the person not working full time. For example, some one who has to spend time taking care of a "special need" child. You may qualify for NJ Legal Services, and they can make a motion for reconsideration, if the facts justify it. If you cannot afford an attorney contact local law school legal clinics.
Yes, it is legal for a Judge to impute income at minimum wage or higher to someone who is not working full-time, unless there is a legitimate justification for the person not working full time. For example, some one who has to spend time taking care of a "special need" child. You may qualify for NJ Legal Services, and they can make a motion for reconsideration, if the facts justify it. If you cannot afford an attorney contact local law school legal clinics.
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