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New Jersey Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for New Jersey on
Q: What is N.J.S.A. 26:17-3.1

I filed a complaint against an attorney through the NJ Ethics Commission

James L. Arrasmith
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answered on Jul 28, 2024

N.J.S.A. 26:17-3.1 refers to a specific statute in New Jersey law, related to civil rights and legal processes. This statute involves the rights and obligations under the New Jersey Parentage Act. It ensures proper procedures are followed for the establishment of parentage and related issues.... View More

1 Answer | Asked in Family Law, Child Support and Civil Rights for New Jersey on
Q: Judge gave me POA to levy all bank accounts & anything associated with social due to NPCS. Can I levy his commissary?

*Non Payment of Child Support (NPCS)

James L. Arrasmith
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answered on Jul 28, 2024

When a judge grants you the power to levy bank accounts and anything associated with social security due to non-payment of child support, it generally means you can take legal action to collect the owed money. This can include garnishing wages or freezing bank accounts. However, levying an... View More

1 Answer | Asked in Civil Rights for New Jersey on
Q: My 16 year old epileptic son is in ER 24 hour psych hold but not getting detox meds and is actively with drawling,

He has not eaten sweaty non responsive agitated to touch asked hours ago for some.thing to relieve his pain and has been ignored

James L. Arrasmith
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answered on Jul 27, 2024

I'm really sorry to hear about your situation. It's crucial to ensure your son's immediate needs are met, especially given his condition and the symptoms you described. You should speak to the attending nurse or doctor and clearly explain the severity of his withdrawal symptoms and... View More

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 Civil Litigation, Civil Rights and Landlord - Tenant for New Jersey on
Q: Way to sue roommate for causing me mental trauma and trying to discourage me to find a replacement

I have been dealing with a cunning roommate. Since last 1 year, he had been making noise and partying once or twice a week ruining my sleep. When i confronted him, he blamed me equally for keeping silent for so long. I couldn't really stay peacefully once I confronted him.

I decided... View More

James L. Arrasmith
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answered on Mar 5, 2024

Suing a roommate for mental trauma and actions that discouraged potential replacements for your tenancy can be complex and challenging. In legal terms, to pursue a lawsuit for emotional distress, you would need to demonstrate that the roommate's actions were intentional or reckless, caused you... 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

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