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1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I am looking to file for divorce in the state of New Jersey. I am not sure if my partner had already filed.

Na

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

If your partner filed for divorce, typically they would have you “served”, meaning you would be given a copy of the divorce complaint and any ancillary documents. If your partner has an attorney, you can also contact their office to inquire about the status of any complaint/filing. If your... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Hello, My x-wife and I have amicably agreed to a modification of alimony, how do I do that? Thanks.

I have been unemployed for +1yr but have recently taken a +50% decrease in salary to work. My x-wife and I have a great relationship and both agree to new terms. I just don't know how to file paperwork to make this happen.

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

When spouses agree on a modification to their Final Judgment of Divorce (such as an agreement to modify alimony) they can memorialize that agreement in writing and file what’s called a consent order with the Court. Before filing, both parties should sign the written agreement indicating they... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can an appraiser use pictures of items if spouse refuses to meet appraiser in divorce?

Spouse has luxury watches. He provided me with pictures of them. He is refusing to meet with appraiser and bring watches. If appraiser uses pictures instead of actually inspecting watches, is that called hearsay?

LaDonna M. Cousins
LaDonna M. Cousins
answered on Apr 18, 2024

Consider interviewing a couple appraisers to inquire and compare their rates. You may also consider filing a Motion with the Court asking the Court to compel your spouse to participate in the appraisal, to make a negative inference against your spouse if they refuse to participate, and to reimburse... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Nj Eviction. Landlord is harassing me and told me I was formally evicted without a judge’s signature.

I was ordered by the court, not the judge, to have my balance paid by 4/15/24 or another court meeting would take place to start the eviction process. The landlord has been harassing me for weeks and requesting me to turn my keys. Today was the day for the payment but when the landlord called, she... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you provided, it seems that your landlord is acting improperly and potentially violating your rights as a tenant in New Jersey. Here are a few key points to consider:

1. Eviction process: In New Jersey, a landlord cannot evict a tenant without going through the...
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2 Answers | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

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

This sounds like a difficult decision at an emotionally charged time. I would strongly recommend taking a pause before consenting to the move. When parties are going through a divorce, it can sometimes feel easiest in the short term to just agree and minimize conflict. However, long-term, just... View More

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2 Answers | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

Leonard R. Boyer
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answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Tax Law for New Jersey on
Q: Tax Filing as F-1 Student

I am F-1 student in the US since 2022. I have been working full time on my CPT. While filing my returns, what occupation should I put? Please guide in this regards. Thank you!

James L. Arrasmith
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answered on Apr 13, 2024

As an F-1 student working on Curricular Practical Training (CPT), your occupation for tax purposes should reflect the nature of your work rather than your student status. Here's what you should consider:

1. Occupation: Choose the occupation that best describes the work you performed...
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1 Answer | Asked in Criminal Law and Family Law for New Jersey on
Q: my son has locked items belonging to me and my deceased wife in his room

how do i report a larceny?

Louis A Casadia
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answered on Apr 12, 2024

Call your local police department and explain the situation to them. It is hard to give any other suggestion with the limited information provided. How old is your son? Does he pay you rent? What items were taken? Understand that if you go down this path with the police you are opening your son up... View More

3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 11, 2024

There is an express provision of the Bankruptcy Code that requires a bankrupt to get prior judicial approval for any extension of credit, e.g., to borrow money.

In addition, money loaned within ninety days of the filing of a bankruptcy is excepted from any bankruptcy discharge.

To...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

James L. Arrasmith
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answered on Apr 11, 2024

In your situation, it's best to consult with your bankruptcy attorney before making any financial moves, including using Sezzle or other "buy now, pay later" services. While Sezzle may not report to credit agencies, using credit or taking on new debt during the bankruptcy process can... View More

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1 Answer | Asked in Civil Rights and Health Care Law for New Jersey on
Q: I live in a condo in the state of NJ. There is a pool whereas one must be a resident in good standing. However, there

are no smoking signs posted. the property manager is allowing smokimg in the entrance to the pool which is the common area. Please help. Children and the users are subjected to the second hand smoke.

James L. Arrasmith
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answered on Apr 10, 2024

I understand your concern about secondhand smoke exposure, especially for children, in the common area by the pool entrance. Here are a few steps you can take to address this issue:

1. Review your condo association's bylaws and rules: Check if there are any specific regulations...
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1 Answer | Asked in Civil Rights and Civil Litigation for New Jersey on
Q: Can I sue an nj hair salon for using my photos on the outside store banner without my consent? Is it a civil case?

I got my hair done at a salon and she asked to take my photos for her insta. Next thing I know my photo is used as her new store banner after she renovated. She never asked me or even offered compensation. Is this a civil matter or am I entitled to be compensated?

James L. Arrasmith
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answered on Apr 10, 2024

Yes, this could be a civil matter, and you may be entitled to compensation. The salon owner's use of your photos without your consent could potentially violate your right of publicity or constitute copyright infringement, depending on the specific circumstances.

1. Right of publicity:...
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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

Richard Diamond
Richard Diamond
answered on Apr 9, 2024

I agree that Hudson County is one of the worst in the state for delays in the family part but it may also mean that your papers got lost or are sitting someplace with dust accumulating on them. Your lawyer should be able to tell you which judge the matter is assigned to and he / she should have... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

LaDonna M. Cousins
LaDonna M. Cousins
answered on Apr 9, 2024

It is true that Court is backed up. I have found writing letters briefly explaining the concern and requesting a short conference with the Judge coupled with regular calls to the Judge's chambers assigned to the case (or the Presiding Judge if no Judge is assigned) to be helpful in getting a... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

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

If you and your spouse have been waiting for a Final Judgment of Divorce back from the Court, it may be worth it to contact the Family Division in Hudson County and inquire as to the status of your matter. The phone number is available on the New Jersey Superior Court website. It may be that the... 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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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was given a ticket on the NJ TURNPIKE North bound at 9 am in the morning in the hov LANE the hours going that way are

4 pm until 7 pm why was I giving a ticket ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 7, 2024

That is a good question and you and your lawyer if your smart and hire one will find out in court or in the discovery that your lawyer will order. Because based on what your saying you shouldn't have gotten the ticket, but maybe he will testify in court that you were doing something else... View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: With the statute being changed in New Jersey.

A major change to New Jersey's drunk driving statute is set to allow plea bargaining in DUI cases beginning in early 2024. Late last year, Governor Murphy signed bill S-3011/A-4800 into law, and its plea bargaining provisions take effect in February. Will past offenders be able to benefit from... View More

Louis A Casadia
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answered on Apr 5, 2024

If you were able to overturn your plea or conviction then yes, you should be able to benefit from the new law. However, you will not be able to simply withdraw your plea or overturn your conviction based solely on the new law being passed.

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