Lawyers, Answer Questions  & Get Points Log In
New Jersey Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Sexual Harassment for New Jersey on
Q: If immigrant child was sexually assaulted, and threatened by a legal resident. Could the child testify with no problem?

Are there any laws or rights that protect the victims identity? The victim is afraid of being deported, but without her testimony the charges may be dropped. The attacker has already several victims but they are also afraid to speak up, and their experiences weren’t as traumatic.

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

Generally, The victim should not have to worry about being deported for testifying about abuse if that is your question, although I would still suggest a consult with an immigration lawyer, as your question is not that clear.

View More Answers

1 Answer | Asked in Civil Rights and Social Security for New Jersey on
Q: My wife is chinese with "language learning" disability

we have been married since 2003 and she had her green card over 14 years ago.

is there anyway for her to get her US passport without the language test or using an attorney present etc.

she will be 65 this November.

appreciate any advise, paid or unpaid

Gary Kollin
Gary Kollin answered on Aug 19, 2018

This neither civil rights nor social security. It is immigration.

If you are willing to spend money, then hire an immigration attorney. It appears there is a social security issue. Does a relatively small amount of money now reap a much larger amount later?

What is the monthly...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New Jersey on
Q: Can a judge make a law not allowing you to video record in a public court house

There is a law in my county in nj that states I can not walk into any public court house and record What ever I can see from a public view without prior written consent from the courthouse administrator. Which means I have to file an application to assert my freedom to record in public. Is this... Read more »

Leon Matchin
Leon Matchin answered on Aug 17, 2018

you must obtain permission from the court to record inside the courtroom.

2 Answers | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Municipal Law for New Jersey on
Q: When and how can a file a lawsuit against either a police officer, police station or township for a dismissed charge

I was pulled over for being on my phone but never got a ticket for it. I got a ticket for a break light that was functioning, possession of controlled dangerous substance, possession of con. Dangerous substance in a M.V. a bill is being viewed for marijuana and is being postponed again for 2 more... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 3, 2018

Best ways to contact a civil rights attorney.

View More Answers

1 Answer | Asked in Civil Rights, Juvenile Law and Criminal Law for New Jersey on
Q: While police were not involved, is there a chance I will face jail time? Should I pay a civil demand for close case?

ccused for shoplifting $40 tagged item in Bergen County,NJ. LP took my license, DOB, name and age and weight. Police we’re not involved but I was given a paper for $150, I refused and was then told to contact LP department within 72 if case made. They said I should receive a letter within a week... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 28, 2018

Yes a chance exist for the next year that the store at anytime May file criminal charges against you. Whether they will do this is anyone's guess but arguing over the Civil demand may not be wise. Of course you would be best served by speaking with an attorney to see what your best options are... Read more »

1 Answer | Asked in Civil Rights for New Jersey on
Q: Can a cop search my information up in the data files without permission from anyone, and doesn't that break my rights?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 13, 2018

That would depend on the information, remember everyone can look up criminal and traffic records and public information not just cops.

1 Answer | Asked in Civil Rights for New Jersey on
Q: Is a police officer aloud to search my record up in the police files/computer without probable cause?

Can he search my records from his department or from out of state or even just out of his jurisdiction.

Gary Kollin
Gary Kollin answered on Jul 13, 2018

Yes.

He is ALLOWED

1 Answer | Asked in Civil Rights for New Jersey on
Q: What to do if a cop come to a house that you been staying at and leave and then detective try to contact you
Gary Kollin
Gary Kollin answered on Jun 4, 2018

Without knowing more it is impossible to advise. However, you might consider hiring an attorney

1 Answer | Asked in Foreclosure and Civil Rights for New Jersey on
Q: .How long do I have to move out 2 months or 3 months and Why did new owner& realtor give me a notice to move b4 closing

The house is selling new owner wants my apt on 1st fl. I was told in nj I have 3 months to move from day of closing. The closing is literally 16 days from today and I have a notice at my door saying I have 2 months from today to vacate. is that legal to give me a move notice before actually... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jun 1, 2018

You need to retain an experienced mortgage foreclosure attorney/landlord-tenant attorney who can review your lease and the foreclosure documents and explain your rights. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for New Jersey on
Q: When has the police committed assault during a search?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 31, 2018

When the police have used unjustifiable excessive force. This is a high standard for a person to overcome.

View More Answers

1 Answer | Asked in Civil Rights for New Jersey on
Q: I have a certified letter coming from Middlesex civil division.. is a medical bill a possibility ?!

Is it possible that it could be a medical bill? I can’t think of anything else.

Gary Kollin
Gary Kollin answered on May 26, 2018

Refusing or not picking up a certified letter does not affect the validity of being sent to the correct address.

This is not civil rights

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for New Jersey on
Q: If i didnt get my Miranda rights read to me?

I was pulled over after long conversation with officer he searched my car, me and arrested me with out reading me my Miranda rights. I was charged with a criminal charge. Since I was not read my rights as a part of an American citizen and having my rights, should the case be dismissed due to not... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 17, 2018

Not necessarily your Miranda Rights only apply if the prosecutor intends to use any of your statements against you which were given while you were under custodial interrogation. I suggest you hire a lawyer to find a possible better defense.

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Education Law for New Jersey on
Q: Is it a bias/crime when a principal says “he cannot keep the student in the general education, cause he is not normal?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 27, 2018

No that is not a bias crime, it may be other things but generally not a crime.

View More Answers

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for New Jersey on
Q: Is there a statue of limitations for suing dyfys in nj
Leonard R. Boyer
Leonard R. Boyer answered on Mar 31, 2018

In 2012, New Jersey's Division of Youth and Family Services (DYFS) was officially renamed the Division of Child Protection and Permanency (DCP&P). DCP&P is almost totally immune from lawsuits. If a litigation attorney determined that you did in fact have a viable case, you can expect to pay a... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: A cop Were to have a Search warrant with the wrong address on it how could we go about it

Like if a cop had a search warrant 429 no it but they Ran into 427 how could we go about it

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

You can probably get any evidence seized kept out of evidence as an illegal search, but more information would be needed to tell you this with any degree of certainty.

1 Answer | Asked in Civil Rights and Traffic Tickets for New Jersey on
Q: Can an officer ask for your License, Insurance registration for a parking ticket? And the passenger's License?

AN office told me to remain in the vehicle while my girlfriend was in it after a 2 minute run to the pizza store. While i remain in the vehicle waiting for parking ticket at worse. He called back up asked me and the passengers for our license and registration. We were never operating the vehicle.... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 26, 2018

Yes the officer can ask any person in the car for their license. That being said in NJ you don't have to literally drive a car to be considered driving. I suggest if you would like proof of this that you look up the law on such tickets such as DWI or driving while suspended and see how people... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Under civil commitment if I person is going to be on parole but being released from prison can said person be committed?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2018

I believe they can, but this question is best asked to the persons lawyer.

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: can a person being subject to civil and criminal law at the same time?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2018

Yes, of course, just look at the OJ Simpson case for example.

1 Answer | Asked in Banking, Civil Rights, Constitutional Law and Criminal Law for New Jersey on
Q: Can police keep my ATV that i owe money to the bank for? Charged with eluting they say “it’s evidence in a crime”.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 11, 2018

Yes the police can keep it and you still have to pay the loan. You need to hire a good lawyer for your case eluding is a serious charge with lots of jail time.e possible/probable.

1 Answer | Asked in Civil Rights and Education Law for New Jersey on
Q: Can my 6 year old ADHD son be kicked out of aftercare? He has an IEP in school. I believe he is protected by the ADA.

He got his 2nd warning yesterday for pushing a student. He is extremely impulsive and cannot control himself. I read the aftercare's policy handbook and it said students can be terminated if physical towards other kids, but at the end of the handbook it states that they abide by the American... Read more »

Lori E. Arons
Lori E. Arons answered on Jan 30, 2018

It is always difficult to answer questions without knowing a particular child's full profile, but children with disabilities are protected from disability discrimination under Section 504 of the Rehabilitation Act as well as the Americans with Disabilities Act. I recently handled a case where the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.