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1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: The landlordmanager a d opposing case civil lawyer stole all my civil case documents before icoumd show it to the court

The documents were forgeries by the opposing lawyer to deceive and mislead .e false testimony fake court adjournment ,altered court orders

James L. Arrasmith
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answered on Jun 21, 2024

I understand this is a serious situation regarding your civil case documents. Here's a concise response with some general advice:

1. Report the theft to the police immediately.

2. Inform the court about the stolen documents and any suspected forgeries or alterations.

3....
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2 Answers | Asked in Car Accidents, Probate and Wrongful Death for New Jersey on
Q: my son‘s father was killed by a drunk driver . The other passenger in the car that survived is now suing my son’s estate

my son’s father died by getting hit by a drunk driver. he was driving. Uber at the time. One of the passengers died as well and One survived. The one that survived is now filing a wrongful death lawsuit against my son’s estate. He’s cleaning all these claims that he told my son‘s father to... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

I'm very sorry for the loss of your son's father. Like you say, it could be a matter of grabbing at straws for lack of other viable sources of compensation. You mention having a lawyer - it isn't clear from the description if this is a probate lawyer for the estate or a... View More

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1 Answer | Asked in Constitutional Law for New Jersey on
Q: How long can a police officer hold a cell phone without a warrent

A detective witnessed a ten minute conversation between two people in a car outside of Walmart. When the male walked in and the female left, he assumed it had to be a drug deal so he pulled the female driver over questioned her took his dog out the car circled it 4 times dog had absolutely no... View More

James L. Arrasmith
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answered on Jun 21, 2024

I'll provide some general information about police procedures and rights related to cell phone seizures, but I can't give specific legal advice about this situation. Here are some key points to consider:

1. Warrantless seizure: Police can temporarily seize a cell phone without a...
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1 Answer | Asked in Estate Planning, Banking, International Law and Probate for New Jersey on
Q: How do you get money from an account that was left to a deceased spouse in Puerto Rico?

My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?

James L. Arrasmith
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answered on Jun 19, 2024

To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:

1. Obtain a copy of your husband's death certificate and his grandmother's will or...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can my ex husband leave our 12 year old daughter home alone overnight while he's working night shift?

My ex started working a full time overnight position leaving our 12 year old daughter home alone on his nights which are Wed, Thursday and every other Friday. He kept this a secret until my daughter finally told me. I'm highly concerned and I live 6 minutes away, however he's so... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 18, 2024

In deciding whether to modify custody, the Court considers whether there has been a change in circumstances and whether a change to the custody schedule would be in the child’s best interests. A judge may decide that your ex leaving the child alone at night is a change in circumstance and that... View More

1 Answer | Asked in Education Law and Health Care Law for New Jersey on
Q: can i sue this school if i have a heat stroke from no AC
Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

As a student, it could depend on the severity or permanence. I hope you're okay. As an employee, it could fall under workers compensation. You could reach out to attorneys to discuss more meaningfully, especially if you have any medical records. Good luck

1 Answer | Asked in Criminal Law for New Jersey on
Q: After seeing a judge for simple assault in NJ, how fast is someone freed?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 16, 2024

Generall depends on the persons past record such as even if you have a outstanding warrant for a traffic ticket the judge could hold you over until trial. But generally for simple assualt most people are released the same day they see the judge, but again depends on the facts of the case, injury... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What are the possible consequences for simple assault in NJ without previous criminal record?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 16, 2024

A first time offender faces the same penalties as a previous offender its just that a first time offender has alternative disposition options to eliminate the possible jail time. (Still needs consent of the judge but generally given assuming the injuries were not that bad) Thus the general... View More

1 Answer | Asked in Civil Litigation and Collections for New Jersey on
Q: I'm having trouble understanding part of a interrogatories question from a debt collection lawyer. The part I'm having

Trouble with is" set forth in detail each defense which the defendant has to the above-entitled cause of action"

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

This is something that a collections defense attorney should advise on, but you await a response for two weeks. If you haven't already replied, it could be worth consulting with an experienced attorney on those questions. Those responses are important and could be fact-specific, depending on... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can the sponsor of a green card beneficiary file a petition to have that green card rescinded?
Leonard R. Boyer
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answered on Jun 15, 2024

The sponsor of a green card can file a form trying to get the green card rescinded, but that does not mean that will actually happen. USCIS is understaffed and overloaded, so there is no guarantee it will even be looked at. You also need to have an extremely good reason or you may have significant... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can the sponsor of a green card beneficiary file a petition to have that green card rescinded?
James L. Arrasmith
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answered on Jun 13, 2024

Yes, in certain circumstances, a sponsor of a green card holder (permanent resident) can request to have the sponsorship and green card revoked. This is typically done by filing Form I-130, Petition for Alien Relative, and withdrawing the petition.

However, there are some important...
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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Is there a different process for seeking an annulment versus a divorce?
Leonard R. Boyer
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answered on Jun 15, 2024

Depending on a variety of factors obtaining an annulment can be more difficult than a divorce. The process is very similar. You need to retain an experienced matrimonial (divorce) attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Is there a different process for seeking an annulment versus a divorce?
Richard Diamond
Richard Diamond
answered on Jun 13, 2024

An annulment means that there was a fraud that went to the heart of the marriage and for court purposes, you need to be able to prove that fraud, and the longer the marriage lasted, the more difficult it will be to prove a fraud.

If the purpose of your inquiry is for religious reasons, you...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I am a widow, no children .. can i get a law firm to be my power of attorney
Chen Li
Chen Li
answered on Jun 10, 2024

Yes, you can name an attorney in a law firm as your power of attorney. However, you must be aware that if an attorney is acting as your power of attorney, you may have to pay the attorney a legal fee as your agent and as your attorney. You should consult with an experienced trust and estate... View More

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 Arbitration / Mediation Law and Employment Law for New Jersey on
Q: Is there a time frame that must be followed to award back pay once an arbitration decision is won in NJ?

Ibew local 1238 employee for Delmarva Power

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

This is something that an employment law attorney could answer best, but you await a response for three weeks and your question is posted under "Arbitration/Mediation." Until you are able to consult with an attorney who practices employment law who is familiar with state-specific labor... View More

1 Answer | Asked in Government Contracts and Municipal Law for New Jersey on
Q: My company built a roadway for a township. Now that township is saying we have to redo it because there us a puddle

The gutter system on the side of the road had a puddle where there was a low point. Now the township is saying we have to tear up the road and redo it. The puddle is very small and is still moving towards the drain just extremely slow. Can they make us tear up the road?

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

Your question could be difficult to answer based on the brief description - that might be why it remains open for three weeks. If possible to arrange a consult, an attorney who handles construction, roadway, or civil engineering claims might be able to offer more meaningful guidance based on seeing... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I'm Pro Se. Why did my wife's divorce attorney include a one-page boilerplate list objecting to every interrogatory? Tx

They also did answer each Interrogatory and Document Request, albeit with massive deficiencies.

Richard Diamond
Richard Diamond
answered on Jun 4, 2024

They have a right to identify all objections to the questions posed so that at time of trial, they have preserved their objections to the admissibility of the answers provided - to limit your ability to use their answers.

Separately, if there are deficiencies, you need to a deficiency...
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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The father of my baby says he will support the child. should I still file for child support?

The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More

Bari Weinberger
Bari Weinberger
answered on Jun 13, 2024

Thank you for your question. Assuming that the father's paternity test was positive, you always have the right to seek child support from him for the benefit of the child, whether now or a few years from now. However, the longer that you go with accepting the goodwill of him and his family,... View More

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