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New Jersey Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Can I withdraw my guilty plea of eluding police (car chase) if I fired my lawyer due to misrepresentation?

My ex-lawyer advised me to plead guilty to get into drug court (Zanex) because he said, "everyone gets into drug court once"!

So under his advisement, I pleaded guilty.

Also lack of urgency by my lawyer to obtain video tape of police assault and lack of obtaining Police video/audio... Read more »

Gary Kollin
Gary Kollin answered on Oct 15, 2019

You can try

If you withdraw it, can you win?

Police miscondiuct of the nature you describe is not a defense to drug possession

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1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Can I obtain a gun permit for A misdemeanor disorderly person? I got 12 months of probation, settled in municipal court.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2019

The decision on whether you qualify is based on the Statue but more importantly on the chief of police in the town that you live in.

2 Answers | Asked in Criminal Law and Civil Rights for New Jersey on
Q: Neighbor has camera facing my bedroom window and backyard.
Gary Kollin
Gary Kollin answered on Aug 28, 2019

Thank you for sharing. No question asked

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1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Landlord - Tenant for New Jersey on
Q: Hello i believe and know im a vixtim of illegal search and seizure in the state of nj ninvited guest fight ensued
James A. Abate
James A. Abate answered on Jul 19, 2019

Its difficult to respond because I am not sure what the question is. Were you arrested? For what? Who searched you? What did they do? What did they find? What does the guest and the fight have to do with the police? Why were the police there? Was it in a car? Home? In Public? Additional... Read more »

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for New Jersey on
Q: I am being garnished Alimony and Child support based on a $150,000 salary i made 6 years ago, i make 92k now. Help

I cant survive on my salary and paying 65% of it, I cant pay full Alimony and I am behind over $205k I cant afford a lawyer i am 58 broke and have no savings. The court is draining me. IS there no one that can help me?

Teresa L. Reichek
Teresa L. Reichek answered on Jun 26, 2019

You need to find a experienced family law attorney who can file a motion on your behalf requesting modification due to a change in circumstances. You should be prepared to fill out a new set of financial forms and be able to explain why your income has been reduced and why it is unlikely to be... Read more »

1 Answer | Asked in Civil Rights and Consumer Law for New Jersey on
Q: Can a discrimination suit be filed if unjustly banned from a Home Depot under false circumstances becuz im black ?

i am a licensed contractor in NJ I was harassed/discriminated against for months by a Home Depot Loss prevention employee who called the Toms River Police on myself and my construction crew because she profiles us as thieves (were Black) even though i spent 4k in the store that day and had... Read more »

Madeline Houston
Madeline Houston answered on May 10, 2019

Discriminating against customers in the way you describe is a violation of the New Jersey Law Against Discrimination, which provides for compensatory damages, punitive damages, and payment of the plaintiff's attorneys' fees if the case prevails. An attorney considering filing such a suit would... Read more »

2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Municipal Law for New Jersey on
Q: I was ask to take breathe test but machine was broken so I was told I don't have to take it then I was charged with ref

It was more than 120days when it was heard so what can I do about it plus I was giving 6 months in jail. It was heard in different court

Howard Lesnik
Howard Lesnik answered on Apr 26, 2019

DWIs and refusal cases are very serious and you can lose your license for 7 to 12 months for a first offense. You should consult with an attorney to see if the police followed the requirements in order to administer the Alcotest. Also, an attorney can examine whether the machine was calibrated... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Social Security for New Jersey on
Q: Can an elderly disabled women be evicted for having a caregiver stay with her and for feeding stray cats?

She has been living in the same senior complex for 23 years and has never had anything written against her. Now that my father passed a year ago she needs help so I am staying with her temporarily. I have been here since Aug 2018 and do plan to leave if my mother can get strong enough to stay alone.

Madeline Houston
Madeline Houston answered on Mar 28, 2019

Based on the facts provided thus far it appears that your mother may well have rights under various federal and state laws regarding disabled persons that are being violated. More facts are needed to make a determination as to your mother's options. You should promptly contact an attorney and... Read more »

2 Answers | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Is a police report of an arrest considered Public Records in NJ and is it accessible to any individual who requests it?

Only a Police report of an incident prior to any court activity.

Leon Matchin
Leon Matchin answered on Feb 8, 2019

You should look up New Jersey Court Rule 1:38 about that.

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Election Law for New Jersey on
Q: I was forced off a public sidewalk by a sitting elected town council person while viewing a public event. My recourse?

A currently elected and serving elected town council person ordered me from a sidewalk in front of his store during a public event, parade. The reason he made the order is simply that we have different point of view on how government is run and he does not like me. I was in the peaceful act of... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 5, 2019

Best to speak to a civil rights lawyer rather than a criminal lawyer.

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for New Jersey on
Q: i no longer wish to go to drug therapy ordered by my dyfs worker. the only finding is my positive marijuana test.

i have been going for substance abuse treatment for 3 month and have been compliant. i still test positive for marijuana and i stopped going to treatment for two weeks, now my substance abuse treatment center is closing my patient case as non compliant. how can i fight this and stop having to go to... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 3, 2019

Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.

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1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: aif someone's on drug court in nj then go to a psychiatric unit can drug court get records without a written release
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 20, 2018

You generally sign this form when you entered the program but even if you didn't the judge can order its release.

1 Answer | Asked in Criminal Law, Immigration Law, Personal Injury and Civil Rights for New Jersey on
Q: Someone sending me Texts saying for me to do what they want or I will have my tea spilled is considered a threat?

I met someone online while I’m in a relationship, the things turned over and I don’t want to meet this person anymore, since when I told him I don’t feel the same for him he started sending me text messages saying that he knows people that can go after me regarding my immigration status and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 11, 2018

I suggest you bring the text to an attorney to review.

1 Answer | Asked in Civil Rights for New Jersey on
Q: how do I find an answer to a question I asked
Leonard R. Boyer
Leonard R. Boyer answered on Dec 8, 2018

Make things simple and just repeat the question.

1 Answer | Asked in Personal Injury and Civil Rights for New Jersey on
Q: I was arrested and spend 33 months in the county jail. The case was brought to trail twice before being dismissed.

Can I use whatever there's a manager at Applebees and a document stateing the were giving a surveillance video of the crime and the suspect is scene on the video and he not me. The victim gave a id and it match the person on video and not me. For instance i have really really long hair ( pass my... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 6, 2018

You would generally look to hire a civil rights lawyer but just because the case was dismissed does not mean that the state did anything wrong.

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Q: it is complicated so I'll try to make it short. I am disabled, primary disabilities are severe anxiety and depression

I came up on JSUM Center wait list for charity care dental in 7.2017. I only recently remembered this as I had to go in for an emergency appt and said I recalled that I should already be on the list. Short of it is they have lied even while I found original pw, found out via human relatios that... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 27, 2018

Unless it is a public entity a dentist does not have to treat you and can refuse you as a patient or make you wait.

2 Answers | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: So I'm in New Jersey and I have a handicap placard and I just got a ticket for overstaying limited parking. I thought

I thought I could stay up to 24 hours without penalty.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 6, 2018

With any parking ticket that is not marked mandatory court appearance I always suggest paying for it as it's not worth your time in court

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1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Privacy invasion

Hello my ex girlfriend enter to my apartment without my permission, she took with her my tablet my cellphone my kindle my car keys and my personal identificación bank cards social security driver license took pictures of this information and used against me, in that day my daughter was here she is... Read more »

Gary Kollin
Gary Kollin answered on Oct 16, 2018

You asked the same question on AVVO but this time, with my advice, you changed the word to permission.

Apparently, you think there is some magic answer which will solve your problem. You already have your answer

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: hello, i would like to know if a have a invasion of privacy case

my exgirlfriend enter to my apartment without my concern, look through all my apartment for my personal stuff, took with her my tablet my cellphone my klinde, my car keys my driver license my social security card my banks cards, without my concern, she only gave back to me the next day my car keys... Read more »

Gary Kollin
Gary Kollin answered on Oct 15, 2018

concern or permission?

You can sue. It takes a long time. How much is your monetary damages?

Does she have enough to pay any judgment?

No lawyer will accept this case on a contingency case.

Why don't you reort this to the police as a burglary?

2 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Municipal Law for New Jersey on
Q: Can I file a tort for minimal damages against the prosecutor and officer for maliciousness

Was pulled over out of district for a mantanice of lamp violation in nj by a out of town officer. He did jot contact the town police to write ticket in the book. Proceeded to say he is searching me cause he didn't like my attitude which I have recorded. Arrested me for alleged marijuana residue.... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 1, 2018

you posted your question under criminal law you need to repost your question under civil rights so a civil rights lawyer will see your question.

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