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New Jersey Appeals / Appellate Law Questions & Answers
3 Answers | Asked in Traffic Tickets and Appeals / Appellate Law for New Jersey on
Q: How to contest or reduce a $86 improper turn fine on CDL in NJ?

I unintentionally made an improper turn because I didn't see the sign while driving with my CDL license. There were some minor incidents involved. I haven't appealed the $86 fine yet, but I'm hoping to reduce it. This occurred in New Jersey. What steps can I take to contest the fine... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 17, 2025

You can contest a ticket two ways. 1) Do it yourself: Call the court and tell them you would like to plead not guilty and wish to have a trial or 2) you can hire a lawyer to do this for you and your lawyer will conduct the trial with you in your presence at court. Remember a good lawyer knows... View More

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3 Answers | Asked in Traffic Tickets and Appeals / Appellate Law for New Jersey on
Q: How to contest or reduce a $86 improper turn fine on CDL in NJ?

I unintentionally made an improper turn because I didn't see the sign while driving with my CDL license. There were some minor incidents involved. I haven't appealed the $86 fine yet, but I'm hoping to reduce it. This occurred in New Jersey. What steps can I take to contest the fine... View More

Toshinori Isoai
Toshinori Isoai
answered on Mar 19, 2025

Your location is shown as "NY". So I assume that you have a NY DL with a CDL enforcement on it. Your indication "while driving with my CDL license" is somehow confusing. Were you driving a personal vehicle with your license or were you driving a CV (truck) when this happened? If... View More

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1 Answer | Asked in Family Law, Animal / Dog Law, Appeals / Appellate Law and Domestic Violence for New Jersey on
Q: In Huson, County N.J. how can some desperate person make up a story that they live with you....without any form of proof

get a T.R.O on you and have me the homeowner (Disabled on a fixed income) removed from my home and put to the streets with nowhere to go while escorting this stranger into your home, granting all access to all your family valuables and private documents, the entire contents of your home as well as... View More

Richard Diamond
Richard Diamond
answered on Dec 13, 2024

I have no idea what happened to you but to have you removed from your home under a domestic violence temporary restraining order, the person had to appear before a local municipal court judge or a superior court judge and certify as to as specific facts, starting with the representation that he /... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law and Family Law for New Jersey on
Q: On Nov 12 2024 the Appellate Court Judge ordered that my great granddaughter(currently pending adoption) shall not be

removed from NJ. On Nov 25 the adoption agency opposed decision as her guardian & ICPC and had her removed to live with adoptive parent in Georgia

How can they over rule judge's order?

Richard Diamond
Richard Diamond
answered on Dec 4, 2024

No competent lawyer worth his salt could answer your question without reviewing the underlying order and pleadings from the trial court and the submissions to the appellate court and its order and its statement of reasons. My suggestion is that you retain a family law attorney to review all of that... View More

1 Answer | Asked in Appeals / Appellate Law and Contracts for New Jersey on
Q: I have been awarded a default judgement in Special Civil Part in Monmouth County NJ. The defendant retained an attorney.

I worked a 1099 contractor role in 2023 with a CPA. I got the role through a finance & accounting recruiting agency. The contract was written up by the recruiting agency & was between myself and the CPA firm.

The contract was for hourly pay for a minimum of 300 hours. The CPA firm... View More

Daniel  Bitonti
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answered on Jul 29, 2024

It's crucial to consult with an attorney who can provide tailored advice based on your specific situation.

You have a strong position with a default judgment, but the defendant can file a motion to vacate the default judgment, potentially leading to further legal proceedings. Accepting...
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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

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for New Jersey on
Q: Can I appeal an Appellate Division's "Vacate and Remand" decision in NJ?

In New Jersey, can I appeal an Appellate Division's "Vacate and Remand" decision to the NJ Supreme Court? My case involves a criminal matter where the trial court initially granted my motion to suppress based on arguments that the warrant was invalid and there was no effective... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025

There is no automatic right to appeal a case to the New Jersey Supreme Court. You would also need to retain a very experienced attorney who regularly practices before the New Jersey Supreme Court. This will be a very expensive process. Good luck.

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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for New Jersey on
Q: Seeking advice on N-400 decision appeal and residency evidence

I am seeking legal advice on my parents' N-400 naturalization interview decision from March 12, 2025, at Newark Federal Plaza, NJ. Although they passed the English and civics tests, the officer deemed them ineligible for naturalization due to their prolonged absence from the U.S. between... View More

James L. Arrasmith
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answered on Mar 15, 2025

You have the right to appeal this naturalization denial by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 days of receiving the denial notice. When submitting this form, clearly explain why your parents' prolonged absence was unavoidable due to... View More

Q: I'm inquiring about filing a civil suit against Plainfield police department violating my right per theChevron deference

My parked car's license plates were scanned and my car was impounded in the middle of the night on 7/14. The plfdpd enforced Dmv policy after the overturning of the Chevron case ruling against agencies violating the ppl rights. Dmv is one of the 439 federal agencies listed in the doctrine.... View More

James L. Arrasmith
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answered on Jul 27, 2024

You have grounds to consider filing a civil suit against the Plainfield Police Department if they violated your rights. The impoundment of your car based on a license plate scan, especially in the middle of the night, can be legally questionable. The enforcement of DMV policies after the... View More

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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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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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.

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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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

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