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New Jersey Constitutional Law Questions & Answers
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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1 Answer | Asked in DUI / DWI, Civil Rights and Constitutional Law for New Jersey on
Q: Township official pulled alongside parked vehical on private property & issued person standing next to vehicle intoxic

Officer was seeking similar vehicles reported by citizen to be hazard

James L. Arrasmith
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answered on Oct 27, 2024

You were approached by a township official while standing next to your parked vehicle on private property. The officer was searching for vehicles similar to yours that had been reported as a hazard by a citizen. It seems you were issued a citation or accused of being intoxicated.

You might...
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1 Answer | Asked in Criminal Law, Personal Injury and Constitutional Law for New Jersey on
Q: What are the firearm guidelines to protecting yourself and family in a NJ home invasion?

It is very hard to stay calm and think correctly in a home invasion given several factors: emotions, fear, not knowing the robber(s) intent to harm, kill, rape or kidnap, and the element of surprise is on their side to conquer. You don't know if they have weapons on them: knife, mace, gun, and... View More

James L. Arrasmith
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answered on Nov 5, 2023

In New Jersey, the use of force in self-defense, including deadly force, is generally permissible when you reasonably believe such force is necessary to protect yourself or others from imminent harm. The state's laws allow for the use of force in your home under the "Castle... View More

1 Answer | Asked in Constitutional Law for New Jersey on
Q: Is it a Disbar-able offense for a Lawyer to Knowingly and Willingly join an International Lawsuit breaking Oath!

I’m aware of a number of Lawyers who have joined a Foreign Country in a Massive Lawsuit against a certain manufacturing industry here in America. Each Lawyer Swore to Uphold and Protect the Constitution of the USA ,yet they are enjoined to a foreign power in the pursuit of suing an entire... View More

James L. Arrasmith
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answered on Oct 15, 2023

Attorneys in the United States do take an oath to uphold the Constitution, but representing foreign entities or individuals in litigation does not inherently breach that oath. U.S. lawyers frequently represent foreign clients in a variety of legal matters, including lawsuits. The mere act of... View More

3 Answers | Asked in Constitutional Law for New Jersey on
Q: Under the “Full Faith and Credit” clause, why are medical licenses required for different states,unlike drivers licenses

It would seem to me that if the Full Faith and credit clause requires that drivers licenses are recognized state to state that the same would be true for professional licenses.

Morris Leo Greb
Morris Leo Greb
answered on Sep 6, 2023

The Bill of Rights Tenth Amendments permits the States to enact its own laws.

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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

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

Q: Code Enforcement illegally entered and took photos on my property then issued me a summons for it?

I currently have a summons to appear for a Trash/Debris ticket in my Municipality. We requested the Town to send us pictures after numerous times of us cleaning all areas seen by the public we reviewed the photos from Code Enforcement for it to reveal they entered our backyard without permission... View More

Morris Leo Greb
Morris Leo Greb
answered on Oct 11, 2022

Unless the municipality can show that there was an emergency situation which required immediate attention, the municipal officials can not enter your premises without your permission.

1 Answer | Asked in Consumer Law, Small Claims, Real Estate Law and Constitutional Law for New Jersey on
Q: I have my certificate of birth, a specific AFFIDAVIT, I am still a debtor, I am doing a UCC1 filing

W. Sitzler is the Judge and the district attorney is not listed.

Morris Leo Greb
Morris Leo Greb
answered on Jun 18, 2022

The question is missing details. Please complete the question. I will try to respond once a complete question is posted.

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

2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Internet Law for New Jersey on
Q: How do I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. It's only legal when you are a child, but when you... View More

James A. Abate
James A. Abate
answered on Mar 31, 2022

There is not a suit for money damages in my opinion. But if you want to spend attorneys fees to investigate their might be someone who will take your money. If you believe your privacy was criminality violated you can ask the police to prosecute. But the family secure app may require a family... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission as it is considered an invasion of privacy. Can I legally sue?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 17, 2022

The answer will depend on many factors which are unknown the main being who is the person the phone plan is under, and who paid for the phone etc.

4 Answers | Asked in Criminal Law, Family Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. Can I legally sue?

Leonard: I do not appreciate... View More

Richard Diamond
Richard Diamond
answered on Jan 4, 2022

Let's approach this issue differently for a moment. Let's assume that your mother did install an app on your phone and that it was done without your permission. At age 25, what is it that your mother is going to find out about you that you care less about any longer? I am not trying to... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: How do I get a discrimination lawyer
Tim Akpinar
Tim Akpinar
answered on Oct 17, 2021

You could use the Find-a-Lawyer tab above. You could search independently on your own online. You could check the resources of the New Jersey State Bar Association. A local library might be able to offer additional resources. Good luck

Tim Akpinar

2 Answers | Asked in Constitutional Law, Landlord - Tenant and Municipal Law for New Jersey on
Q: Can my HOA prohibit me from displaying the American Flag that has the thin blue & red line in support of Police and Fire

At one of the HOA meetings I attended (virtually) I asked if I could display the American Flag that had the thin blue and red line honoring firefighters and police officers (I have both of these heroes in my family) and one the members of the ARB barely let me finish my sentence before saying no... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 11, 2021

This is a complicated question which requires an examination of the organic documents of the HOA as well as a review of the history of the HOA in permitting outside displays. Are front door or outdoor terrace railing displays permitted by the HOA? Are flags permitted to be displayed for Flag Day?

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1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Municipal Law for New Jersey on
Q: i am a victim of terroristic threat. i would like to take action against however dont know how/where to start. direct me

hello, after reading 2C:12-3 - Terroristic threats

i realized that i am a victim of terroristic threat. i would like to take action against however don't know how or where to start. can you direct me please?

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 21, 2021

If it is currently ongoing or recent you may want to call the police.

1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What are the reasons that a prosecutor can withdraw a plea ?

The prosecutor prior to sentencing realize you made a mistake and now she wants to send it back to Grand Jury the defendant did nothing wrong and changed nothing

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 22, 2020

In general If you talking in regards to a plea bargain, they don't need a reason to withdraw a plea unless the plea deal was already accepted by the defendant in court.

1 Answer | Asked in Constitutional Law, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Since i wont date my landlord he has put my house for sale I pay my rent on time, what can I do?

I have been living there for five years,each of those years I've had to deal with him popping up and bringing me gifts,showing up walking around the windows,and just walking in saying he had to drop something off.I have always laughed him off, told him I did not feel comfortable but he... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 15, 2020

There are two issues raised in your question.

The first is the Landlord coming into your apartment uninvited and harassing you generally. Wheteher you have a written or oral lease you are entitled to quiet enjoyment. The landlord is breaching this provision of the lease.As such, you may...
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