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New Jersey Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Immigration Law for New Jersey on
Q: Looking to retain a lawyer for a certificate of appealability. How much would it cost?
Amber Forrester
Amber Forrester answered on Apr 6, 2021

It sounds as though you want to file a writ of habeas corpus, and attorney fees vary by lawyer and complexity of a filing, so your best option is to speak to several attorneys who actually do that work to get an idea of price. Not all criminal attorneys have experience in filing habeas claims and... Read more »

1 Answer | Asked in Appeals / Appellate Law and Social Security for New Jersey on
Q: Appeal for Social Security Disability: Denied coverage. Need representation on contingency basis.

Unemployed benefits has expired and currently have no income. Have had anxiety and depression since a child (14 years old). I'm 36 years old

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 15, 2021

I'm not in NJ but Social Security disability is a federal program so the rules are the same no matter what state you live in. If possible, I recommend hiring an attorney local to you that has a lot of experience in handling this type of case, particularly since you are younger. The good news... Read more »

1 Answer | Asked in DUI / DWI, Traffic Tickets and Appeals / Appellate Law for New Jersey on
Q: I would like to file a motion to seal records of a NJ Supreme Court/Appellate Division. Where do I file?

This court order stemmed from my appeal of a Motor Vehicle decision to suspend my license when receiving out of state information. I am finding it hard to have such information on immediate search engines when my name is "searched". It is affecting my ability to obtain the level of... Read more »

Gerald D. Siegel
Gerald D. Siegel answered on Jul 6, 2020

It's public information by law.

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Q: does pleading guilty to breathalyzer count as a first dui offense? Also can you appeal your decision?
James A. Abate
James A. Abate answered on Mar 20, 2020

Opting for the ignition interlock device is a fist conviction. You should retain counsel and determine whether the charges are defendable. You cannot appeal your decision, but you may be able to withdraw a plea. You may only appeal decisions of the judge.

1 Answer | Asked in Criminal Law, Foreclosure, Appeals / Appellate Law and Elder Law for New Jersey on
Q: Was evicted, Movers are just throwing my stuff in bags. This is causing great hardship. How do I fight this. I need help

I am overwhelmed and there is too much stuff now packed into the storage units. I can’t even pull things out for the organizations to take stuff. I have one month before the first group is due in about a week after that the second group is due. If I have to pay all of these I will not be able to... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 5, 2020

I am sorry to hear about your situation. Have you looked into any of NJ's state assistance programs?

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: I got ticketed for parking my car in the wrong direction, but it says “parking within 50ft of a stop sign.” Can I appeal

My car is fully packed with stuff for my dorm room

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 28, 2019

Sure, but your chances of winning without a lawyer are small and a lawyer would be price prohibitive.

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: I filed an appeal of a NJ State agency ruling with the NJ Appellate Division.

My Notice of Appeal and Civil Case Information Statement were both Received and Filed with the Appellate Division on April 26, 2019. According to the Case Manager, Marcella Coley, the respondent, an attorney from the NJ Office of the Attorney General (OAG), was required to file a Case Information... Read more »

Brian Winters
Brian Winters answered on Jul 11, 2019

You can file a motion , but, in my experience, it won’t work . The cis etc are ministerial tasks and the other side will just go ahead and file our of time and the appellate division will just shrug.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Probate for New Jersey on
Q: In Yesterday's Publication in regards to Wis.Stat. sec. 893.80{1}d , It is the reason that the defendants were dismissed

My Case No. 17-CV-106 in Rusk County used the same defense against my estate to get dismissed from the action . My case is on CCAP and I would like to know how it relates to Judge Andersons reasoning and Oral decision . Please call me at 860-460-7399 . Thank you , Hugh F. McCaffery , Jr.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 25, 2019

If you are wondering why lawyers here on Justia frequently advise people to consult with a lawyer who handles their issue it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions. Most of the lawyers are very experienced successful... Read more »

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: I am looking for Case Law for an appeal for NJAC 11:5-3(a)
Brian Winters
Brian Winters answered on Apr 24, 2019

It depends upon the grounds for appeal. What’s the issue?

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Appeals / Appellate Law for New Jersey on
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

the temp plates on my car. He left them in my front seat along with a pink sheet for registration which was not filled out correctly and did not have my real NJ Drivers License number on it. I bought in NJ and the temp tag and registration and title where all issued from PA. I signed... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 9, 2019

You stated a lot of facts but no question.

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: can a conditional dismissal be appealed?
William N. Sosis
William N. Sosis answered on Oct 22, 2018

Appeals from trial court decisions are 'as of right', so most likely yes. But a reliable answer requires that you first speak with an attorney. An attorney will evaluate the specific facts of your case before providing you with the best answer. However, the courts use strict rules and... Read more »

2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Q: I was On the beach and was written up for pass consumption without being Breathalyzed ? Is it worth fighting ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 29, 2018

Depends on the exact violation you were charged with.

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2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Criminal Law for New Jersey on
Q: Public defender representation

I plead guilty to a motor vehicle infraction and now after 2 months I wanna retract my plea for lack of factual basis. I reached out to my public defender and he told me he doesn't work for me any more. Told me I need to reapply for him to represent me. Is this true? If I reopen a case, he was... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 20, 2018

Generally you would need to pay the public defender again, if the judge even Grants you a public defender.

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1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Litigation for New Jersey on
Q: Can a case that was heard and ruled on 8 months ago go back to court if I feel ruling was unfair?

The other party (my ex) and their attorney presented many pages of text exchanges between ex and my new sig other, I'd say approx 75-100 texts over the course of 6 month for so.. They were all printed out. Some just showed my name, then after I was removed as a "contact" they showed... Read more »

Santo Artusa Jr.
Santo Artusa Jr. answered on Apr 20, 2018

You would have to file a motion to set aside the order based on what you may believe is fraud/mistake, etc. This usually needs to be filed within 1 year of the order but the sooner the better. Can you prove you did not send that text?

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for New Jersey on
Q: How to appeal a granted default judgement while my motion to vacate was denied at the same time based on paper?

I've been in a fee dispute, was sued at Special Civil Part in Monmouth. I responded as pro se. I didn't go to a 9/5/17 trial as I had never received the court notice.

The plaintiff filed a motion for default. I (mistakenly) filed a motion to vacate as response, simply stating I... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 14, 2017

File the motion again but put more information in it. Also do it as order to show cause.

1 Answer | Asked in Child Custody and Appeals / Appellate Law for New Jersey on
Q: How can i get return custody of my kids from dcpp if there not adopted yet, even though my right were taken ayear ago ??

I was addicted to percocets during my pregnancy so my kids were taken after my baby was born 5 yrs ago, as of last year my right were taken. Ive been clean now over 2 years and im still n out patient rehab, i attend NA/AA meetings 3 times aweek for 3 yrs now, i received one on one counseling for 3... Read more »

Bari Weinberger
Bari Weinberger answered on Nov 15, 2017

Hello, and so very sorry to hear about all that you have gone through. Having your parental rights terminated is devastating to parents without question. You can challenge the decision to terminate your parental rights in court. It's technically called a 4:50 motion and in your court papers... Read more »

1 Answer | Asked in DUI / DWI, Products Liability, Appeals / Appellate Law and Municipal Law for New Jersey on
Q: What can I expect at court? How much would the fines be? Could I lower ask for the judge to lower the fine?

I had a sealed water bottle of about half of liquor. I was on line to attend to a frat party whe then cops stopped me when I was holding the bottle of water. He asked me if that was alcohol and I didn’t know what to say so I looked at my friend. Then the cop started to yell at me. I wasn’t... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 22, 2017

If you put alcohol in the bottle it was no longer sealed it was an open container under the law. Because you have not given a violation number we cannot tell you the penalties you face and what can be done. That being said if it is a 2C charge you bugged problem is not the fine but possible jail... Read more »

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: If a civil case in New Jersey was won, how long the the loser have to file an appeal in Federal Court?
Leonard R. Boyer
Leonard R. Boyer answered on Jul 8, 2017

If a case is lost in NJ at trial level, the next step is to seek an appeal to the Appellate Division. Appeals are expensive and the vast majority of them are not successful. You should expect to pay an initial retainer of $10,000 or more, plus filing fees and costs of transcripts. An hourly rate of... Read more »

2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Banking for New Jersey on
Q: how do i appeal a class action southern district of ny i was an objector and class member ?
Glenn B. Manishin
Glenn B. Manishin answered on Feb 6, 2017

If you "opted out" of the class action lawsuit, you need to file your own civil suit.

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1 Answer | Asked in Immigration Law, Adoption, Appeals / Appellate Law and Child Custody for New Jersey on
Q: How to make an appeal against visa refusal for F4 Category?

My uncle is sponsored under F4 category. He has a family of five which includes his wife, two children and an adopted daughter. The adopted daughter was adopted in 2012 when she was at age 12 and has been living with my uncle for 6 years. My uncle had his interview yesterday but the adopted... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 16, 2016

Your question is very complex and fact sensitive. You will need an in person consultation with an experienced immigration attorney right away. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all... Read more »

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