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answered on Jan 10, 2024
This question is a very fact sensitive analysis. The fact that you have a restraining order against the individual would not, by itself, justify a homicide. However, it would be one fact to be considered in determining if the affirmative defense of Self Defense applies. Self Defense in New Jersey... View More 
I own a set of original 35MM photograph slides, which I want to put into a book to self-publish and reproduce. Since I am not the original owner of these slides, do I have the right to fully use them to my advantage?
The slides I bought were from online auctions, which originated from... View More
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answered on Jan 12, 2024
Owning physical copies of photographs, such as 35mm slides, does not automatically grant you the copyright to these images. The copyright of a photograph typically belongs to the photographer who created it, or their heirs if the photographer has passed away. This copyright usually includes the... View More
current custody schedule is one week on one week off. Both guardians live in the same state. One will relocate for a job out of state.
answered on Jan 7, 2024
Both parents / guardians for a child live in NJ and share physical custody of the child equally and now 1 parent / guardian wants to relocate out of state and change the custody / parenting time plan - does the other parent / guardian agree to the other parent / guardian moving out of state and if... View More
current custody schedule is one week on one week off. Both guardians live in the same state. One will relocate for a job out of state.
answered on Jan 8, 2024
Thank you for your question. As a general rule, a parent cannot move out of the state with a child unless both parties agree in writing or the parent is authorized to move out of the State by the Court. Relocation is a very fact-sensitive question and I highly recommend that you schedule a... View More
I just starting questioning my attorney on why it’s taking so long to receive my settlement money. We settled 7 wks ago. He claimed he was paying medial liens. I called them and they all said no one ever called them. Then he said he needs to deposit the check in the trustee Acct. It’s been... View More
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answered on Jan 7, 2024
This is a tough one, since I don't know who your lawyer is and if he/she is honorable. That being said, if you were on Medicare or Medicaid, especially Medicaid, it can take up to several months to determine the Medicaid lien. If the delay is about unpaid medical bills then 7 weeks is too long... View More
I had a contractor work on my kitchen. He was supposed to return to finish the job, but he didn't return my texts for a few weeks. He finally emailed me back and said he thought the job was done, but agreed to come back and address one of the issues. I emailed that wasn't acceptable,... View More
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answered on Jan 6, 2024
To provide a meaningful answer and how to best proceed, you should be prepared to pay an experienced civil litigation attorney for 1/2 to 1 hour of attorney time to review all the relevant documents. As someone who has handled a significant number of these cases, I am certain that I can get you the... View More
I hired a coworker I knew to do some work in my kitchen. He started the work but a few things I paid for weren't completed. I also showed him some items I wasn't happy with how they came out. He was supposed to return to finish the job. I reached out to him a few times, and he finally... View More
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answered on Jan 5, 2024
The Statute of Limitations for breach of this type of contract is 6 years. But of far importance to you is the breaches of the Home Improvement Contractor Act, the NJ Statute of Frauds and most importantly the New Jersey Consumer Fraud Act, which provides for triple damages, plus attorneys fees and... View More
Is a law enforcement officer required to issue a summons for the traffic violation which is the probable cause for a traffic stop if that traffic stop leads to an arrest of one of the occupants or would a written/verbal warning be permitted? (Specifically pertaining to non DWI cases and cases where... View More
answered on Jan 5, 2024
This largely depends on the circumstances of the arrest of the occupant. For instance, was the occupant arrested for something related to the traffic stop OR arrested for another reason (independent arrest warrant, possession of contraband or drugs, etc.). A roadside stop under New Jersey law and... View More
Can my Grandma make the decision on her own? Can the Power of Attorney make the decision on her own? The Power of Attorney told me that she has to ask my mother, who is scheduled to receive an inheritance (and said no). Are they all playing me? Who has the real power to re-allocate the funds?
answered on Jan 5, 2024
Im going to give you fatherly advice since the question has nothing to do with the law - a primary reason your grandmother gave someone power of attorney over her assets was to protect her from making decisions based purely on emotion. 30,000 is an extraordinary amount of money to ask anyone for... View More
Someone I know has said they're going to lie to the cops about me stealing stuff then lie about me hurting them is there a way to prevent this before she does
answered on Jan 4, 2024
Best advice is to stay as far away as possible from this person now and forever. If you go to the police and make a report as to the threat, then the police will probably reach out to this person, who may or may not have planned to contact the police. As a result of being contacted, this person may... View More
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answered on Jan 4, 2024
In New Jersey, landlords are required to follow specific legal procedures before evicting a tenant. A tenant must be served with an eviction notice, which could be a Notice to Quit or a Notice to Cease, depending on the reason for eviction. If the tenant fails to comply or rectify the issue, the... View More
We will submit a marriage-based green card application in the coming weeks. I am a student on an F-1 visa that will expire on May 30th 2024. Can I apply for OPT while the green card application is underway? Thanks!
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answered on Jan 3, 2024
Yes, as an F-1 student visa holder, you can apply for Optional Practical Training (OPT) while your marriage-based green card application is in progress. OPT allows you to work in your field of study for up to 12 months, and it can be extended for certain STEM degrees. Your eligibility for OPT is... View More
Under my own name as PPR, claiming both kids qualifies them for cost-free Medicaid. By claiming my daughter on her taxes, my ex gets one deduction but potentially disqualifies my daughter from being covered under my Medicaid. If that happens, who becomes responsible for the new healthcare costs... View More
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answered on Jan 1, 2024
The facts you stated do not support the results that you mentioned. You really need to retain an experienced matrimonial attorney to determine exactly what the situation is. Any custody or other issues should be resolved in a Court Order. Be prepared to pay a matrimonial attorney a consultation fee... View More
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.
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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... View More
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
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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.... View More
Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.
In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More
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answered on Jan 1, 2024
You really need to act fast and retain an experienced Probate attorney who will act to protect your interest. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More
Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.
In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More
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answered on Dec 29, 2023
In the absence of a designated beneficiary on the annuities, the distribution of your mother's assets, including the annuities, would typically follow the laws of intestacy in New Jersey. These laws determine the heirs and their respective shares. If your sister is taking legal action to claim... View More
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answered on Jan 10, 2024
You do not need to hire a lawyer in order to file criminal charges against this man. There are very limited benefits for you to pay an attorney to advice you on how and where to file criminal charges. Criminal charges are investigated by members of law enforcement and prosecuted in court by either... View More
answered on Dec 29, 2023
I dont know if you are talking about criminal charges or filing a civil suit or both against this person but you should meet with a criminal law attorney to get a better understanding of what you will need to provide the police for purposes of pursuing criminal charges against him and you should... View More
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answered on Jan 1, 2024
You have to retain an experienced matrimonial attorney to file a motion for emancipation. This is the way to do it properly and avoid problems or potential problems. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is... View More
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