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New Jersey Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: If the cops bring a dog to sniff your car, is that probable cause for them to go in the car?

I was arrested for pills I wasn’t in my vehicle. But they took my car I went to jail got released and 3weeks later they put a warrant out for my arrest. But I still go to probation. And when I called the public defender office to get information on the warrant but they said it’s not in the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 28, 2023

Yes in general the positive sniff by the dog would give them probable cause to search your vehicle, but everything is fact dependent and your lawyer would need to review the discovery to give you a certain answer so speak with and hire a lawyer if you are charged or think you will be charged.... View More

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Support for New Jersey on
Q: I had a hearing on my motion for cs modification the judge granted my request. After the hearing The court received.

A request for an adjournment. And gave accepted it for a new court date. Meanwhile I was there and the hearing took place and the ruling was made. She completely changed her decision with no basis except for the other party saying I used to have a trade that paid well. I don't... View More

Richard Diamond
Richard Diamond
answered on Nov 27, 2023

I gather you filed an application for modification and the other side failed to file timely opposition and then asked the court for a new date to be able to provide the court with new information. Unfortunately, this type of settling happens regularly, especially when the court has 2 pro se... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Am I eligible for VAWA? Is divorce necessary? If it is a mutual consent affect my VAWA?

I was issued a temporary green card on 01/11/23. Conditions need to be removed Oct/24 to Jan/25. My husband has been harassing and tormenting me. Unable to bear with this I just moved into a shelter home. They will keep me here for a month or so. After that I will have to look for my own... View More

James L. Arrasmith
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answered on Nov 26, 2023

Under the Violence Against Women Act (VAWA), you may be eligible for immigration relief if you've been a victim of abuse by your U.S. citizen or permanent resident spouse. This applies even if you're currently holding a temporary green card. It's important to document any instances... View More

1 Answer | Asked in Child Support, Domestic Violence and Family Law for New Jersey on
Q: If there was neglect and wrongdoing in a IV-D Enforcement case what r the parents rights since a judgment wasn't paid

The responding state intentionally hid two very large judgements, then satisfied them with no reciept of Satisfaction, then night automatic closure was to begin, so not to be found by the system, along with never registering them credit agency and much more. The initiating state required no... View More

James L. Arrasmith
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answered on Nov 24, 2023

In New Jersey, if there has been neglect or wrongdoing in handling a IV-D Enforcement case related to child support, it's important to understand your rights and the potential remedies available. IV-D cases, part of the federal child support program, are subject to both state and federal... View More

1 Answer | Asked in Estate Planning for New Jersey on
Q: My sister has durable poa n I am name second n bro thrd. as am being left out n they both been stealing sister delegated

I am second backup if sister step down etc. Her n my brother are using poa to defraud assets of estate

Nina Whitehurst
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answered on Nov 20, 2023

You probably need to hire an attorney to petition the court to appoint you as conservator over the person they are looting. Then as conservator you can sue them for return of the stolen assets. Fair warning: This kind of litigation can be quite expensive, but if you prove your case usually the... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: While concurrent filing for a greencard, better to file I-130 online and the rest in the mail, or everything via mail?

We are filing an application for marriage based green card (spouse American, me F-1 visa holder), and I heard it is better to file everything at the same time, concurrent filing. I saw that only the I-130 petition and related documents can be filed online, the adjustment of status can only be filed... View More

James L. Arrasmith
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answered on Nov 18, 2023

In the case of filing for a marriage-based green card, concurrent filing is indeed recommended, where you file both the I-130 (Petition for Alien Relative) and the Adjustment of Status application together. While the I-130 can be filed online, the Adjustment of Status must be filed via mail.... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can my landlord raise my rent by $450?
Nashir Ahmed Kushol
Nashir Ahmed Kushol
answered on Nov 17, 2023

In New Jersey, the rules and regulations regarding rent increases are governed by state laws and local ordinances. Here are some general guidelines that apply to rent increases in New Jersey:

1. Notice Requirement: Landlords in New Jersey must provide tenants with adequate notice before...
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1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17

Greetings,

I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can... View More

Leonard R. Boyer
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answered on Nov 15, 2023

The only way to resolve this matter is to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on... View More

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1 Answer | Asked in Consumer Law for New Jersey on
Q: Can a used car dealers compel buyer to buy extended warranty in order to honor listed price?

Price listed is $18k, TrueCar inquiry came back with about $5k in 2 "accessory charges". Before I go further I want to know if this is something they can compel me to buy. Thank you!

James L. Arrasmith
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answered on Nov 13, 2023

In New Jersey, a used car dealer cannot compel a buyer to purchase an extended warranty as a condition for honoring the listed price of a vehicle. The price advertised should be the price you can pay for the car itself, excluding standard fees like taxes and registration. Additional charges, like... View More

1 Answer | Asked in Immigration Law and International Law for New Jersey on
Q: what happens if you're a US citizen that has a criminal record, warrants and flees to Philippines, and visa expires?

My ex was actively on probation for domestic violence, was to appear in court to face his 6th DUI, and behind on alimony payments..he decided to meet a girl in the Philippines, he sent her money to her to get an apartment, he obtained a visa and flew there AND was able to get through airport with... View More

James L. Arrasmith
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answered on Nov 13, 2023

If a U.S. citizen with a criminal record and outstanding warrants flees to the Philippines and overstays their visa, they face several legal issues.

First, overstaying a visa in the Philippines can lead to fines, detention, and eventual deportation. The process of deportation might alert...
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1 Answer | Asked in Banking, International Law, Internet Law and Business Law for New Jersey on
Q: Hi,Selling gift cards on paxful.com for bitcoin, is it against any law?

I sell electronics. one of my customers wants to pay by giving me visa gift cards. I want to get the money off the gift cards. (my credit card processor doesn't let me swipe it on my credit card machine). can i buy on paxful.com BTC with the visa gift cards and then sell the BTC on... View More

James L. Arrasmith
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answered on Nov 13, 2023

Trading Visa gift cards for Bitcoin on platforms like Paxful.com and then selling Bitcoin for cash on Coinbase.com is not inherently illegal. However, it's important to be aware of and comply with the terms of service of both platforms. Also, be mindful of federal and state regulations... View More

2 Answers | Asked in Family Law, Child Custody and Civil Litigation for New Jersey on
Q: My son won't let me see my grandson? I'm live in NJ, do I have a right to see him??

My son isn't married but lives with the mother of his son and she doesn't like me..she has my son convinced I'm teaching my grandson curse words (he is 3 and repeats everything) and I've told my son I never curse in front of him and instead I'm always correcting my son and... View More

Richard Diamond
Richard Diamond
answered on Nov 15, 2023

Under N.J.S.A. 9:2-7.1(b), the following factors must be considered by the court in a grandparent visitation matter:

(1) The relationship between the child and the applicant;

(2) The relationship between each of the child's parents or the person with whom the child is residing...
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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is wife responsible for incarcerated husband's lawyer fees in New Jersey?
James L. Arrasmith
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answered on Nov 12, 2023

In New Jersey, a wife is generally not responsible for covering her incarcerated husband's legal fees and criminal defense costs. There are a few reasons why:

First, marriage does not make one spouse liable for the other's debts and obligations under New Jersey law. Spouses...
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1 Answer | Asked in Banking for New Jersey on
Q: I didn’t realise that my son has been messing with my equity account not an authorised user. Lost a lot of my money

Is the bank liable at all? been going on for months I didn’t realise I never look at the account because I am typically the only one who uses it

James L. Arrasmith
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answered on Nov 12, 2023

In New Jersey, the liability of the bank in a situation where an unauthorized user, like your son, has accessed your equity account, depends on several factors. Generally, banks are not liable for unauthorized access to your account if you have not promptly reported the unauthorized use as soon as... View More

1 Answer | Asked in Employment Law, Real Estate Law and Tax Law for New Jersey on
Q: Does this revised law under 12 UFC 531 apply only and solely to real estate or also employer to employees?
James L. Arrasmith
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answered on Nov 9, 2023

The reference to "12 UFC 531" seems to be incorrect or a typographical error. In the context of U.S. law, "UFC" typically does not pertain to legal statutes. It's possible you're referring to a section of the U.S. Code (U.S.C.), which is a compilation of federal... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What proof do I need to argue for sole custody of my children temporarily.

My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More

Richard Diamond
Richard Diamond
answered on Nov 9, 2023

The difference between "sole custody" and "joint legal custody" is the obligation to discuss "major decisions affecting the children's health, education, and general welfare" - meaning if a doctor suggested that a child have surgery, should you be obligated to let... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What proof do I need to argue for sole custody of my children temporarily.

My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More

Bari Weinberger
Bari Weinberger
answered on Nov 14, 2023

Thank you for your question. I am sorry to hear that you are going through this stressful time. In order to properly answer your question, it is important to understand what you mean when you say “argue for sole custody temporarily”. When addressing custody, there is legal custody and... View More

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1 Answer | Asked in Gov & Administrative Law for New Jersey on
Q: do i need to use a FFL to obtain long guns from my aunt in NJ if we both have FID cards?

My aunt owns some rifles and shotguns and I want to purchase them from her. Do we need to go to a FFL or can we just fill out the COE form ourselves since we both have FID cards and are related?

James L. Arrasmith
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answered on Nov 9, 2023

In New Jersey, even if both parties have a Firearms Purchaser Identification Card (FID), the transfer of long guns between private parties generally requires going through a Federal Firearms Licensee (FFL). This process includes a background check through the National Instant Criminal Background... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: How long in NEW JERSEY a person has to personally serve a summons and complaint on a defendant?

I have already filed my complaint and was issued a summons in Bergen County Superior Court in NJ. However, I thought I had 6 months to serve but I can find nothing to confirm this. I searched through all the NJ rules for service and found no time limit. I am now at 120 days and the defendant is out... View More

James L. Arrasmith
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answered on Nov 9, 2023

In New Jersey, the general rule is that you have 90 days from the date the summons was issued to serve the defendant. However, under certain circumstances, the court may extend this time frame if you can show good cause or if it's in the interest of justice.

Since you're at 120...
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