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New Jersey Civil Rights Questions & Answers
1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: can a city inspector walks into one's backyard without permission?

I never receive a notification about the visit, only my 16 years old was at home and she saw him in the backyard. He never rang the door bell and I saw him on the cameras

James L. Arrasmith
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answered on Jul 27, 2024

City inspectors typically need permission or a warrant to enter private property, including backyards. Exceptions can include situations where there are visible code violations from the street or if there's an immediate danger.

If an inspector entered your backyard without notice or...
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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

1 Answer | Asked in Civil Litigation and Civil Rights for New Jersey on
Q: I was in kids of North Jersey with my sister for years it was torment I was actually with Rebecca and my life has been t

My life has been a nightmare ever since my sister is dead she never recovered from the mental anguish and physical torment we went through I am now writing a book I want to sue them if anything just because my sister's not here to be a voice

James L. Arrasmith
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answered on Mar 6, 2024

I'm deeply sorry to hear about the experiences you and your sister endured. It's heartbreaking to learn about the lasting impact it has had on both of your lives. Writing a book can be a powerful way to share your story and honor your sister's memory, shedding light on the injustices... View More

1 Answer | Asked in Family Law, Child Support and Civil Rights for New Jersey on
Q: I have been disabled since 1999 and till this date am still being garnished from my SSD, NJ never changed my CS amount.

I have put in for a modification in 2000 but they say it was lost or never received. I am a very sick man and this is making me even sicker how can you help? I have also been denied a passport because of this even though I have been paying over 30yrs my support and arrears.

Richard Diamond
Richard Diamond
answered on Nov 8, 2023

You are probably not going to like my answer, but this is an example of where you need to spend the money to hire a competent divorce lawyer to review your file in its entirety and file an application with the court to correct your account, correct the claim of arrears and potentially close out... View More

1 Answer | Asked in Contracts, Family Law and Civil Rights for New Jersey on
Q: Can a poa put in spy cameras to Alzheimer's mother home when I and minor live there with out consent of mine

Poa refuses to give a caregiver agreement and pay I live in New Jersey

T. Augustus Claus
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answered on Oct 10, 2023

In New Jersey, it's illegal to record someone without their consent in places where they have a reasonable expectation of privacy, like a home. This law is primarily focused on audio recordings, but video can also be invasive, especially if it captures private or intimate situations. If you... View More

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: What is probable cause for a cop to search your car and make you perform a field sobriety test

A cop pulled up behind me while i was sitting in my car talking to my girlfriend. He made me and my girlfriend get out of my car and wanted to search my car and made me perform a field sobriety test. He did not pull me over while i was driving, we had just gotten in the car and were about to leave... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 22, 2023

Each case is fact dependent, just because your car was on for over 3 minutes does give him the right to stop you as it is a violation of the law,but not the right to test you for a DWI, he would have needed some other articulable reason.

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: How long do you have to wait for while a cop is “trying to get a k9”
T. Augustus Claus
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answered on Aug 11, 2023

The amount of time a police officer can wait to call in a K-9 unit during a traffic stop can vary based on the specific circumstances and laws in your jurisdiction. Generally, officers must have a reasonable suspicion or probable cause to believe that there's illegal activity or contraband in... View More

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: If I am riding my motorcycle and someone tries to take my keys by force, am I allowed to use force to defend myself?

This is simply out of curiosity based on a video I saw today.

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 27, 2023

New Jersey law recognizes defense of oneself as justification for conduct that would otherwise be considered criminal. One thing that many people seemingly fail to realize, however, is self-defense is not self-executing. This means that a person can be charged, for example, with assault even if he... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: if a person is under survillance do they have the right to ask and see the police report that started the survillance
T. Augustus Claus
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answered on Jul 24, 2023

If you're under surveillance by the police, you might be curious to see the police report that led to it. However, police reports are considered law enforcement records, and access to them is regulated by state laws. So, you may not have an automatic right to see the report that initiated the... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: How can my husband keep being charged with a suspended license when he paid the restoration fees and surcharges?

My husband grew up in New Jersey and left when he was 16 . He never obtained a driver's license in this state, but had a non drivers ID His wallet was stolen when he was 15 that had is SSN card and a state non drivers id. Upon his father's death he came back to his childhood home.... View More

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 21, 2023

This is an important question, and the explanation I would like to offer is somewhat difficult to write here is all the necessary details. I would mention, however, that when anyone is issued a ticket a New Jersey, the Motor Vehicle Commission generates a license number for that person. To resolve... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Can a maintenance technician unlock an apartment door for police and then change tenant lock without a request/notice

The Grande at Metropark in Iselin did this to my apt

Morris Leo Greb
Morris Leo Greb
answered on May 2, 2023

No for several reasons. The right of quiet enjoyment means that no one can enter your apartment without your permission. The only exception is when there is an emergency situation such as pipes leaking water or gas. Secondly there is no self help for residences, any action to evict as tenant can... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for New Jersey on
Q: Can I sue the police department for failing to protect my rights?

As of July of 2022, I was granted an FRO from a Bergen County judge against my ex. This past Friday, my ex went to the Little Ferry precinct and showed officers a fake text from the judge stating that the FRO was lifted and he was allowed back into my home. They believed him and allowed him to come... View More

Richard Diamond
Richard Diamond
answered on May 1, 2023

I would contact the domestic violence office for the county courthouse where you obtained the restraining order and ask if you can file an application with the court for a violation of the restraining order and when they say that you should report it to the local police, tell them that you want to... View More

1 Answer | Asked in Contracts, Family Law, Business Law and Civil Rights for New Jersey on
Q: Hello I live in New Jersey and my fiancée decided we should cancel our wedding venue as the wedding was set for 10/21/23

We cancelled while still health emergency on 12/31/22 but venue states they will Sue us if not able to rebook and they of course kept our 5000 deposit. What should I expect or am I able to get out of this? I also do not have a copy of any signed contract only deposit copy and an email from venue

Morris Leo Greb
Morris Leo Greb
answered on May 1, 2023

The best option is to retain an attorney experienced in contract law.

1 Answer | Asked in Tax Law, Civil Rights and Landlord - Tenant for New Jersey on
Q: Can a management company of an apartment complex, demand you alter modifications made on your vehicle?
Morris Leo Greb
Morris Leo Greb
answered on Mar 21, 2023

This is a very fact sensitive situation. If the modifications result in loud noise that disturbs other reidents, the Landlord can and should demand that you remove the modification. This is pursuant to the lease provision of quiet enjoyment which imposes a duty on the landlord.

1 Answer | Asked in Civil Rights, DUI / DWI and Identity Theft for New Jersey on
Q: Someone used my name and identity during a police call and arrest for CDS and DWI. What type of lawyer should I seek?

Criminal Identity Theft

Defamation

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 15, 2022

To fight the DWI you will need a DWI lawyer. When you find out who used your name you will need a civil litigation lawyer to sue that person. Most of us DWI lawyers offer a free in office consultation during normal business hours.

1 Answer | Asked in Traffic Tickets and Civil Rights for New Jersey on
Q: I got a ticket in NJ for having a handheld device active but I wasn't in use when I was driving

The officer only saw it when I pulled my window down can I fight it. And i also got a ticket by the same officer for failing to not stop at a stop sign when I locked both way before moving and did come to a complete stop

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 4, 2022

We would need to know more information to properly answer your question. But you are not allowed to have the phone in your hand while driving unless to turn on or off a function of the phone. Even for that however, many judges will still find you guilty these are tough tickets to win without a... View More

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for New Jersey on
Q: Can any civil attorney help me with a police misconduct case?

I am currently living in Jersey City, NJ. In Nov 2021, several NJ state police officers searched my home ("Unit #1") and arrested me for two possessing/distributing criminal charges. During the search and arrest, the police officers didn’t show me neither the search warrant nor the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 23, 2022

Yes a civil attorney can help you but unfortunately most will require you to pay a retainer and pay their hourly rate. A few that I know of will reduce the hourly rate if you give them a percentage of the case but they are few and far between.

1 Answer | Asked in Civil Rights, Health Care Law, Small Claims and Landlord - Tenant for New Jersey on
Q: Do I have legal action in New Jersey to get my neighbors to stop smoking cigarettes? It is affecting our health badly.

I am pretty desperate to find someone who can help me with my situation. I live in an apartment. I have had an issue for over a year now with my neighbors chain smoking. They recently did renovations on all of the apartments. It made it worse. They did not do a good job and my apartment is filled... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 12, 2022

Every lease is deemed to include the provision of quiet enjoyment. This places a obligation on the Landlord to insure that the premises are safe and not unhealthy. So if the Landlord refuses to take any action to correct the situation, consider filing suit against the Landlord for breach of... View More

2 Answers | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for New Jersey on
Q: How to dismiss, etc. false allegations of spousal abuse & harassment? TRO dismissed now civil restraints, took daughter

Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... View More

Leonard R. Boyer
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answered on Jul 3, 2022

Your question does not clearly state whether this matter is a MD or NJ matter. I cannot speak to MD law, but if this is a NJ matter, you would need to retain an experienced matrimonial attorney to file an enforcement motion for the civil restraints. In addition, especially if you are a public... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for New Jersey on
Q: do students under the age of 15 have to be questioned with their parents present by a guidance counselor?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2022

The answer is it depends on the facts of the case but if a parent was required to be present at all times, then a guidance counselor would not be able to speak to any child. If your child has been charged or you think he/she may be charged with something, setup a consultation with a lawyer. It... View More

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