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New Jersey Constitutional Law Questions & Answers
2 Answers | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Is it fair that negligence can be discrimination?

Discrimination in certain laws can be due to negligence but in those same laws also they define discrimination as “intentional”. If your negligent your not intentional. Obviously negligent discrimination is a damage to a person but I feel we are playing with to many words.

James L. Arrasmith
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answered on Jun 10, 2024

Negligence and discrimination are distinct concepts, yet they can intersect in certain legal contexts. Discrimination typically implies an intentional act, where someone is treated unfairly based on characteristics such as race, gender, or disability. Negligence, on the other hand, refers to a... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Is it fair that negligence can be discrimination?

Discrimination in certain laws can be due to negligence but in those same laws also they define discrimination as “intentional”. If your negligent your not intentional. Obviously negligent discrimination is a damage to a person but I feel we are playing with to many words.

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

A civil rights attorney could handle your question best, but you await a response for a week. The short answer is that discrimination in general doesn't necessarily require intent. For example, certain policies may have the effect of resulting in discrimination in a given setting. Depending on... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Victim of illegal search in New Jersey.

Victim of illegal search in New Jersey:  Someone I know (I will call him "Victim") was illegally searched by cops.  There was no probable cause and no search warrant.  The backpack of Victim was locked.  The cops removed key from Victim's neck and used key to open backpack.  The... View More

James L. Arrasmith
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answered on Apr 7, 2024

If the Victim was my son, I would focus on building a strong legal defense to fight the charges and protect his constitutional rights. Here are some steps I would consider:

1. Hire an experienced criminal defense attorney who specializes in cases involving illegal searches and seizures....
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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

Louis A Casadia
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answered on Mar 23, 2024

Their is no way for you to resolve this without a litigation process. You need to get representation. You need counsel to review the police reports and any officer body camera to see if the officer had any cause to investigate you under the law and to examine your legal defenses in court for... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2024

Your only obstructing law enforcement in general if they were investigating a crime or had a reasonable suspicion that you were involved in a crime. Others reasons may exist such as the community care taker function, but everything is fact dependent. I would definately speak with a lawyer, they... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

James L. Arrasmith
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answered on Mar 24, 2024

If you're facing false obstruction charges, your first step should be to consult with a lawyer experienced in criminal defense. They can offer legal advice specific to your situation, help you understand your rights, and work towards having the charges dismissed. It’s important to gather any... View More

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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New Jersey on
Q: Can you buy airsoft guns in New Jersey? I have found some places that say you can’t, and they are classified as guns.

I am talking about airsoft guns that shoot plastic BBs not metal BBs. Amazon refuses to ship airsoft guns to NJ and some places say they are classified as firearms. I can’t get a straight answer anywhere.

James L. Arrasmith
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answered on Mar 19, 2024

In New Jersey, the laws surrounding airsoft guns are quite strict due to their classification under firearms regulations. Here's what you need to know:

Firstly, while airsoft guns are not banned, there are specific rules for their purchase and use. You must be at least 18 years old to...
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1 Answer | Asked in Constitutional Law for New Jersey on
Q: under New Jersey State Constitution , Article I Rights and Privileges question (details in more information) thanks

under New Jersey State Constitution , Article I

Rights and Privileges"All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property,... View More

James L. Arrasmith
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answered on Mar 7, 2024

The New Jersey State Constitution, under Article I, indeed outlines the broad rights and privileges that protect individuals' freedoms, including the right to own and protect property. However, interpreting these rights in specific contexts, like refusing the installation of utility equipment,... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: What kind of lawyer can I reach out to for Housing, NJ Section 8 Voucher problems?

I am having a problem with NJ Department of Community Affairs when it comes to my Section 8 HCV application, I was selected to be on the waitlist and I filled out the application completely and information in my waitlist portal changed from me beings on the list to not being of the list. Now, a DCA... View More

James L. Arrasmith
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answered on Mar 6, 2024

For issues related to the Section 8 Housing Choice Voucher (HCV) program in New Jersey, reaching out to a lawyer who focuses on housing or landlord-tenant law would be beneficial. These attorneys are knowledgeable about the rights and regulations governing housing assistance programs, including... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: What kind of lawyer can I reach out to for Housing, NJ Section 8 Voucher problems?

I am having a problem with NJ Department of Community Affairs when it comes to my Section 8 HCV application, I was selected to be on the waitlist and I filled out the application completely and information in my waitlist portal changed from me beings on the list to not being of the list. Now, a DCA... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

Landlord-Tenant/Housing Law attorneys would be a place to start. In addition to your own searches, there is a "Find a Lawyer" tab above. Local and state bar associations might have info in terms of attorney recommendations. Those resources fall outside this Q & A forum - any... View More

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Q: Can Code Enforcement enter the backyard of my property?

I am a tenant in a rental house. Recently we have had a Code Enforcement Officer enter our backyard and issue us a warning for trash and debris on our property. We did not allow anyone to enter our backyard from the Borough nor did our Landlord permit them as his Agent and notify us. Is this... View More

James L. Arrasmith
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answered on Mar 4, 2024

The question of whether Code Enforcement can enter your backyard without permission largely depends on local laws and regulations. Typically, code enforcement officers are allowed to inspect properties for violations of local ordinances, which can include issues visible from public spaces. However,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: disqualifier for owning firearms in New Jersey

Hello!

In 2013 when I applied for my firearm ID card and permit to purchase a handgun, I was rejected because I disclosed that I voluntarily saw a psychologist for counseling. I also believed that I answered question number 26 incorrectly. I was never admitted to or committed to an... View More

James L. Arrasmith
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answered on Feb 23, 2024

Given your previous experience with successfully appealing a denial for a firearm permit in New Jersey, it's understandable that you're concerned about the impact of the new disqualifier related to voluntarily seeing a psychiatrist. While I can't provide legal advice, it's... View More

1 Answer | Asked in Civil Litigation, Communications Law and Constitutional Law for New Jersey on
Q: i have a private investigator who is trying to serve a civil court subpoena.

i have a private investigator who is trying to serve a civil court subpoena. i live in a private community and they keep showing up at my home 1st what can i do to stop or minimize this 2nd can PI look through my home windows and walk around my property, is there a limitation before it can be... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are a few key things to know in this situation under New Jersey law:

1. You can inform the private investigator and request they stop coming to your private residential community and home to serve the subpoena. However, legally they are allowed to attempt service at a person's...
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2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: I was arrested for contempt of court September 12,2023 then police charged me with a another contempt filed by plain tif

But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 16, 2024

We would need to see the documents to properly answer your question, but many times the arrest date is considered the date the complaint was filed. But you shouldn't be in contempt if you were never served with the order. Get yourself a lawyer a contempt charge is a serious criminal offense.

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2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: I was arrested for contempt of court September 12,2023 then police charged me with a another contempt filed by plain tif

But I was never served with the August 25 2023 charge until the 09/12/23 but documents are showing I was arrested and booked on August 25 is that legal to do

James L. Arrasmith
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answered on Jan 16, 2024

In New Jersey, if you were arrested for contempt of court and charged with an additional contempt that you were not previously aware of, there are some legal considerations to keep in mind. Firstly, for a contempt charge, it's typically required that you be made aware of the court order... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Constitutional Law for New Jersey on
Q: Can the father of his pregnant minor daughter put the daughter's boyfriend on child support when the baby is born?

I'm currently 17 years old and I recently told my father I was pregnant. He's pushing abortion pretty hard but that's not my choice. The father of the baby is very involved and is currently 18. My father has given me an ultimatum: if I don't abort the baby, I'm to not be in... View More

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, it's important to understand that parental rights and responsibilities primarily rest with the biological parents of the child, not the grandparents. Once your baby is born, you and your boyfriend, as the biological parents, are the primary individuals responsible for the... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for New Jersey on
Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment

Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead plaintiff and getting the civil case dismissed.

James L. Arrasmith
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answered on Dec 30, 2023

In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take.

Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns...
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1 Answer | Asked in Personal Injury, Civil Litigation and Constitutional Law for New Jersey on
Q: Where may I send my brief of healthcare negligence and lawyers filling false documents to mislead the plaintiff in nj.

Hiding legal certified mail ,false testimony ,preparing false court orders lie about hearing adjournment preparing false motion decisions and getting it designed by court staff

James L. Arrasmith
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answered on Dec 30, 2023

For matters involving healthcare negligence and legal misconduct in New Jersey, you have several avenues for submitting your brief and raising these concerns.

Firstly, if your case is already within the legal system, you should file any relevant documents with the court handling your case....
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1 Answer | Asked in Constitutional Law for New Jersey on
Q: If someone says I pulled a gun on them an it's on video that I didn't the cops arrested me and impound my car what to do

I did have a bb gun and told the kids harassing me that I had a gun but nvr showed it just wanted them to leave me alone I was arrested and charged for fararm charge also it's been 3 days

James L. Arrasmith
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answered on Dec 29, 2023

In your situation, the first step is to seek legal representation immediately. Being charged with a firearm-related offense is serious, and an attorney can help you navigate the legal process.

Since you mentioned that there is video evidence showing that you did not pull a gun, this...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New Jersey on
Q: Hi is making and owning a Low-voltage railgun legal in new jersey? Also, I'm a minor, so I can't legally own a firearm.
James L. Arrasmith
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answered on Dec 15, 2023

In New Jersey, the legality of making and owning a low-voltage railgun, particularly as a minor, is a complex issue. While railguns are not traditional firearms, they could potentially be classified under weapons laws depending on their capabilities and the intent for use.

New Jersey has...
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