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New Jersey Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for New Jersey on
Q: Can anyone provide assistance in filing an Federal Tort Claim Act appeal? Im looking for a "how to process."
James L. Arrasmith
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answered on Mar 30, 2024

Here is a step-by-step guide on how to file an appeal under the Federal Tort Claims Act (FTCA):

1. Review the denial letter: Carefully read the denial letter you received from the federal agency to understand the reason(s) for the denial of your FTCA claim.

2. Determine the...
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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

Louis A Casadia
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answered on Feb 1, 2024

I also agree you should just call the court and explain your situation that you did not get notice in time. An attorney could also do this on your behalf. As to the simple assault charges you need representation so that someone can obtain the evidence and speak with the Prosecutor. It may also be... View More

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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

Q: What type of legal services would I need for an SSA IRMAA appeal administrative hearing?

I’m on permanent disability; I would like SSA to use my tax info from 2020 or 2022 as 2021 I only had high amount of taxable withdrawals from my dads Inherited IRA; used to purchase a low income affordable condo & pay taxes & additional money taken out in order to pay taxes etc. I... View More

James L. Arrasmith
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answered on Mar 4, 2023

To prepare for an SSA IRMAA appeal administrative hearing, you may want to consider seeking legal assistance from an attorney who specializes in Social Security law. They can help you present your case in the best way possible, and help you navigate the appeals process.

In addition, it may...
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2 Answers | Asked in Family Law, Child Custody and Appeals / Appellate Law for New Jersey on
Q: Should I appeal courts decision on the visitation they gave my ex? I am the father & the parent of primary residence.

Months after my divorce was final in 2020, my ex took me to court for 50/50 custody. At the time she had visitation every other weekend and a night for dinner during the week. The judge denied her request and sent us to mediation. At mediation I felt like I had to give up something so we agreed on... View More

Richard Diamond
Richard Diamond
answered on Dec 5, 2022

The filing of an appeal of a trial court's decision on a custody/parenting time decision must be within 45 days of the date of the order. Appeals are also expensive and time consuming. My suggestion is that you meet with a family law attorney experienced in handling family law appellate work... View More

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2 Answers | Asked in Family Law, Child Custody and Appeals / Appellate Law for New Jersey on
Q: Should I appeal courts decision on the visitation they gave my ex? I am the father & the parent of primary residence.

Months after my divorce was final in 2020, my ex took me to court for 50/50 custody. At the time she had visitation every other weekend and a night for dinner during the week. The judge denied her request and sent us to mediation. At mediation I felt like I had to give up something so we agreed on... View More

Leonard R. Boyer
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answered on Dec 9, 2022

Appeals are rarely successful and will usually require a retainer of $25,000.00 just to get started. It is not likely that an Appellate Court will overrule the trial judge unless it is shown that the trial judge abused their discretion or made an unjustifiable decision. You are going to need an... View More

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2 Answers | Asked in Appeals / Appellate Law, Personal Injury, Traffic Tickets and Car Accidents for New Jersey on
Q: If a judgement was rendered on a matter that I failed to submit an answer, do I have any option to appeal?

I received a summons and failed to provide so answer in the allotted time. A judgment was rendered and I have not satisfied it. The judgement was regarding an accident I got into in 2019, I was uninsured at the time. There were only paint scratches to the other person’s car, but they sued me for... View More

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2023

Depending on how long ago it was, you may be able to file a motion to set aside based on excusable neglect.

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1 Answer | Asked in Appeals / Appellate Law and Employment Law for New Jersey on
Q: What lawyer would I hire to fight for my unemployment benefits after being denied for voluntarily leave appeal
Paula M. Dillon
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Paula M. Dillon
answered on Dec 15, 2022

Some employment lawyers handle unemployment appeals.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, DUI / DWI and Traffic Tickets for New Jersey on
Q: Can I file a lawsuit against the State of NJ and the office involved if my cost convition appeal was approved?

My 3rd DWI had been overturned on a post convition appeal due to the Cassidy v. NJ case. I served 180 days in jail because of the charge. I got charged in 2015 went right to jail and released in 2016. The case was just overturned and I please down to careless driving. Can I have a lawsuit because... View More

Zev Goldstein
Zev Goldstein
answered on Oct 23, 2022

You posted this question to the NY attorney's forum. Try posting it again in NJ. Good luck!

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New Jersey on
Q: My fiancé is close to receiving a plea deal and close to his sentencing. Is it too late to change lawyers.

He was supposed to go to a hearing on Thursday but for some reason they did not have it. Also by any chance can the money we already paid the current lawyer be transferred to the new lawyer?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 12, 2022

You can always change lawyers however, your old lawyer will be entitled to the money he has earned already generally computed at the lawyers normal hourly rate. That being said a lot of lawyers are weary of taking a case at the last minute like this as it will take a lot of time for your new... View More

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: How can I find a pension attorney for my upcoming hearing the 26th. Of this month to address my appeal .

I was terminated from my job of 18 years in July of 2018 ,I got hurt on the job,and was unable to continue to do my job afterwards. I put in for accidental disability retirement and was denied January 2022 .

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2022

I'm sorry for your ordeal with the injury and the denial. You could search online, which you may have already done. You could check with the New Jersey State Bar Association if they have resources that could be helpful. Although this site doesn't act as an attorney referral service, there... View More

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... View 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
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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... View 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... View More

Gerald D. Siegel
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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... View 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?

https://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/Programs-Prevent-Eviction.aspx

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
H. Scott Aalsberg
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... View 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... View More

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