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New Jersey Questions & Answers
1 Answer | Asked in Health Care Law for New Jersey on
Q: Does a LEO have to accompany a minor to the hospital , if a custodian has not been contacted.

Conscious and alert minor not under arrest.

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

No. There would be no reason law enforcement should be involved in a minor (or adult) seeking care from a hospital, especially if they are conscious and alert. Under New Jersey law, some minors have the legal capacity to consent to treatment at a hospital in certain circumstances, and almost all... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hi I live in nj , today I was caught shoplifting at boscov’s

They caught me and wrote down price tags which total up into 539$ but most them were on sale it shouldn’t be more then 200$, cop were called he saw the video me and told I will receive something in mail for boscov’s for 150$ civil fine and they will send a court meet within a month if i don’t... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 25, 2024

First the price of the items for determining the amount taken for a shoplifting charge is based on the retail price of the items not the sale price of the items thus then fact that they were on sale is irrelevant to your charge.

Second yes you did jeopardize your future, but a good lawyer...
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1 Answer | Asked in Car Accidents for New Jersey on
Q: I bought an auto insurance last year and have a accident, but insurance company said it is been cancelled

I bought insurance from a CA company, they add my info to an existing insurance policy and charged money. But after it effective they drawback money from insurance company and insurance finally cancelled the policy. I got fraud and yesterday I involved in an accident, insurance company claimed they... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

An attorney might want a more detailed look at your matter before outlining your best options. They could want to know more about the purchase of the policy, its cancellation, communications, and other issues. It could be worth considering a consult to sort out the best approach, especially if the... View More

1 Answer | Asked in Contracts, Family Law and Libel & Slander for New Jersey on
Q: I'm the plaintiff and my motion for summary judgment was granted in my favor.

I don't see any monetary for damages tho. Is there a next step or am I suppose to file something

Richard Diamond
Richard Diamond
answered on Apr 24, 2024

I have no idea what requests were sought as part of your summary judgment application.

My suggestion is that you pay a lawyer for his / her time to review your summary judgment application, the opposition filed, the reply papers filed ( with all exhibits) and the proposed form of order you...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: Can my Irish fiance and I marry in the US during his visit and then return to Ireland for it to be recognized there?

The plan is for me to move to Ireland to live with him, but it seems like it may be easier if we marry in the US (less paperwork). What are the requirements for him to legally marry me here in the US? And will it be valid and recognized as a marriage back in Ireland?

James L. Arrasmith
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answered on Apr 25, 2024

Marrying in the US and having the marriage recognized in Ireland is possible, but there are a few important considerations:

1. Visa: Your fiancé will need a valid visa to enter the US. A tourist visa (B-2) does allow getting married, but it's crucial that he doesn't misrepresent...
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1 Answer | Asked in Criminal Law for New Jersey on
Q: Charged with municipal complaint Feb 3 2022 indictable offense. It’s now 4/23/24 and no movement

I’ve been on pretrial release for 809 days. They just offered me out of no where a plea to plead guilty ( lie) anc I’ll get probation for 24 months which is almost 5 years all together. A tactic to help my ex’s lawyers use this in family court .

Louis A Casadia
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answered on Apr 23, 2024

If this case has indeed been lingering for that long you need to seek counsel. They can atleast speak to the Prosecution to shed some light on what has been going on and they can also do some things to force or push the State to stop sitting on your case. You need an experienced criminal defense... View More

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Ex was awarded 1/2 my pension. He’s behind in child support. Will this be garnished if still unpaid when I retire?

He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More

Richard Diamond
Richard Diamond
answered on Apr 20, 2024

Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Consumer Law for New Jersey on
Q: What recourse do i have in regards to a return. Ordered a lawn tractor on line from manufacturer. item defective.

Ordered a lawn tractor on line from manufacturer, + paid shipping fee. Item arrived 2 weeks later after many delays with trucking co., after un crating found defect, oil leaking. Manufacturer will not answer phone. Have tried for mult days and have been put on hold for hours at a time. 1 week has... View More

Peter J. Weinman
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answered on Apr 19, 2024

Unfortunately, there's no great answer here. The cost to involve a lawyer will exceed the $500 you were hoping to save (and it won't make things happen any faster), and either way, you'd have no basis to sue anyone just because you need the money from the return before you can buy... View More

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: 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

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

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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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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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
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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