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New Jersey Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Jersey on
Q: can I sue the police department for releasing a police report unlawfully
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 21, 2017

Police reports are generally public records. You can always sue the question is can you win and for that you will need to speak to a lawyer, but most lawyers will charge you.

1 Answer | Asked in Constitutional Law and Immigration Law for New Jersey on
Q: Who does the Dream act effect?

My parents were illegal immigrants when they had my baby brother in 1996. He is a US citizen my question is when they passed the Dream Act in 2005. Would he be considered a dreamer?

Kristofher Beralo
Kristofher Beralo
answered on Nov 22, 2017

No, since your baby brother was born in the US he is not considered a "Dreamer". Those are only for individuals who are undocumented who was brought to this country by their parents at a certain age.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for New Jersey on
Q: In NJ does a motorist (or passenger?) have the right to record interactions with police?

Is L.E. allowed to make you stop recording?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 13, 2017

In general you can record any conversation so long as it would not interfere with a police investigation, arrest etc, so that would be the main question.

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Is it legal for the landlord to place cameras inside my rental apartment? Isn't it invasion of privacy?
Marcel Wurms
Marcel Wurms
answered on Sep 12, 2017

Unless it was in your lease, the landlord can't do that. And even if it is in the lease, that clause might be against public policy.

However, if you're talking about putting the camera in a common area such as a hallway, it might not be prohibited.

Disclaimer: The...
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1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for New Jersey on
Q: How can both parents protect themselves against grandparents visitation ?

Parents agree to protect kids against mental abuse and manipulation from parternal grandparents who have not even wanted to babysit in the past but have now chosen to threaten suing for visitation as a way to control parents since parents have remained no contact. The children in question are 7 and... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2017

Grandparents in NJ have almost no rights. You protect the children by not letting the Grandparents have any contact with them.

2 Answers | Asked in Constitutional Law and Criminal Law for New Jersey on
Q: Can a Promotion Prostitution charge be a felony if it was only a conversation about future actions that never happened?

The prostitute was a undercover cop setting people up. Money was never exchanged. She never got in the car. Neither parties

knew each other prior to the situation.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 8, 2017

We don't have felony or misdemeanor classifications in NJ must criminal offenses and yes you can be charged and convicted with a criminal offense even if you did not actually commit the offense intended. Get a good lawyer as a criminal offense can ruin your record for life let alone the other... View More

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1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and International Law for New Jersey on
Q: In N.J. can a Prosecutor draft the indictment 7 days after the hearing unsigned by a foreperson to quash a preliminary h

Hearing was held on the 3rd day of Jan. Indictment drafted and presented on the 10th day of Jan. The hearing on a warrant Gerstein v. Pugh 1975 requured within 48 hours of detainment to determine Probable Cause as arrest was on Sept 16, 2005 did not receive bail until C.J.P. COURT ON Sept 27 11... View More

Stuart Nachbar
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Stuart Nachbar
answered on May 15, 2017

You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for New Jersey on
Q: can a Leo search locked auto or glove box or console incident to arrest when the arrestee is away from mv ?

we get asked this question all the time-does the suspect need to be in the immediate area after the arrest in order for the police to search the entire vehicle ? for example can they be taken from the scene placed in the back of a patrol car and then the search be conducted into locked glove box... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 30, 2017

Who is we and if we is a police department, you are represented by a lawyer called the prosecutor and that would be the best lawyer to answer your question. A lawyer cannot talk to another lawyers client without that persons lawyers consent. I if you are a police department which is the way your... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Constitutional Law for New Jersey on
Q: I have the Nj idrc asking me to complete the 16 week outpatient program however I live in Puerto Rico viques .. what wi?

I was convicted of a refusal and Nj idrc wants me to do a 16 week treatment requirment but I live in Puerto rico

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2017

You can ask IRDC for a transfer to another state. Most states have an IRDC program. However I do not know whether IRDC is in Puerto Rico, so you may have to come back to NJ to complete the IRDC

1 Answer | Asked in Constitutional Law for New Jersey on
Q: When a holder of Public Office refuses to up whole or enforce a Constitutional Law. Is this Official Misconduct?

Both Federal and State law calls for holders of office Mayors etc. to enforce laws. They refuse to do so by creating a "Sanctuary City".

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 13, 2017

It could be and I think we may see whether the courts will enforce the law and although Trump may have lost the first and probably the second battle he has the law on his side to win the War in the long term and its called the Supreme Court where he gets to appoint judges.

1 Answer | Asked in Constitutional Law for New Jersey on
Q: Is there a civil rights violation when there is a continuous deprivation of a protected property; a driver's license?

Would this be under the discovery rule or would this be a continuous violation? As the continuing need for a driver's license is essential to one' livelihood.

Brian Lehman
Brian Lehman
answered on Jan 8, 2017

I think you are confusing some concepts in law -- and that's okay as you are not a lawyer. When defendants assert a statute of limitations as a defense, there are two doctrines that may be to plaintiffs to avoid the defense and thereby extend the time during which claims may be brought: (1)... View More

1 Answer | Asked in Constitutional Law for New Jersey on
Q: Did Illinois v. Gates completely overrule the Spinelli-Aguilar test?

Constitutional law

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

https://en.wikipedia.org/wiki/Illinois_v._Gates

1 Answer | Asked in Constitutional Law for New Jersey on
Q: How long does it take to get an answer from a hebeas corpus if it was two weeks ago
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Not enough facts are given here.

1 Answer | Asked in Constitutional Law for New Jersey on
Q: Does Euthanasia violate the Constitution?

Does it?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

7 words is all you wrote, plus two question marks. Just a question, no facts given. It depends upon the facts. What is the context? Euthanasia under exactly what circumstances? Life, liberty, and the pursuit of happiness are constitutiona parameters which can only be infringed upon certain... View More

1 Answer | Asked in Constitutional Law for New Jersey on
Q: What is considered an illegal strip search
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

It depends upon the facts. What are the facts?

1 Answer | Asked in Constitutional Law for New Jersey on
Q: Does the right to travel includes"driving" an automobile (for personal use)?Thompson v. Smith, Chicago Motor Coach v.Chi

During my search on line I have found many cases the support the idea that driving isnot a privlage but a right. If that is the case I want to know how to force the courts and the police to respect that. Furtermore I need a constitutional lawyer who is going to fight for me and not against me when... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

No, it does not. Driving is not a right, it is a privilege. It's probably too late to tell you where to find a constitutional lawyer.

1 Answer | Asked in Constitutional Law for New Jersey on
Q: The State of NJ violated procedure to deprive me of a default judgment, do I have standing in Supreme Court?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

You asked this about 2 years ago. Have you gotten an answer by now?

1 Answer | Asked in Constitutional Law for New Jersey on
Q: Wyckoff, NJ just passed a law that prohibits uttering unsolicited remarks or making unusual noise. 1st Amendment?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

More facts needed to form an opinion here.

1 Answer | Asked in Constitutional Law for New Jersey on
Q: How much could you get for being sent to prison on a 5flat and durning an appeal you are found incompetent
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

As if you are entitled to compensation, you mean? You will have to go get specific advice about this.

1 Answer | Asked in Constitutional Law for New Jersey on
Q: Is drug testing students in extracurricular activities without suspicion constitutional?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 7, 2015

Just a question, no facts given. We deal in facts and the law, and without the facts we cannot apply the law.

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