New Jersey Recent Legal Answers from Lawyers

The key to the answer is the circumstances. Had you already pled guilty ? If you had entered the guilty plea on the record, then 'retracting' the plea is most difficult. Had you also been sentenced ? This would present an additional hurdle. If this is the case, your only opportunity is the have an attorney file for 'post conviction relief'. We can represent you on this motion. Please call asap to discuss. Ed Dimon, Esq. 732-797-1600 ... Read Answer

You are a1099 'independent contractor' and this gives you far less rights. The potential customer said you had been drinking and were intoxicated. Uber made the decision to believe the customer. This is similar to saying that you will not use the plumber a second time to fix your sink. You have no obligation to use the plumber.  You have the right to support your position with evidence including testimony and video records. I would recommend placing all the supporting evidence on the 'written record' so that there is a positive record. Uber has no obligation to accept the record or to give you a 'hearing'. However, you would have the record for the possibility of new contractual employment with Uber. Please call if we can help. Ed Dimon, Esq..... Read Answer

Whether you move to a different school district inside of New Jersey or you want to move to a different state, the  focus is on your child and how that move will impact his / her relationship with the other parent. If you are moving 10 minutes away, it probably is of no signficance to the other parent but if your move is going to be 1 1/2 hours away, that may create a very different response. My suggestion is that you tell your ex where you are planning to move to so that he is aware and see if he reacts / expresses concerns and if so, try to figure out a way to work with him on a change in the parenting schedule to move it eaasier. ... Read Answer

You should work closely with and provide written documentation to NJ Unemployment personnel. Be extremely detailed and specific and provide too much documentation. How long will you be out of the country ? A short time will present no issues.  Please call if you have any issues. Ed Dimon, Esq. 732-797-1600 ... Read Answer

Unless you can persuade the court (and a lawyer who would represent you) that you did not know and could not have known about this earlier, you are too late.  Since you were long ago entitled to demand an accounting and request that an executor who did not make distributions be replaced, this would be very difficult.  There is also the cost of litigation to consider.... Read Answer

You are in a diffcult position. You may be able to use the 'illegal behavior' of the employer to your benefit in obtaining employment with the employer. You will not be able to use this behavior in court because you were an 'accomplice' in that you knew of the illegal weight. Please let us know if we can help you in court. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

THis is not an easy question to answer. There are many factors to discuss. The nature of the domestic violence charge. The police can 'look through the expungement'. We have had good success being straightforward and open. We use a retired state trooper. We work clo0sely with the police to 'educate' them about you and what took place. Please call to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

Thank you for your questions. Issues of custody can be complicated and fact sensitive so they have to be addressed on a case by case basis. You would benefit from scheduling a free consult, either by telephone or video conference, with an attorney to discuss the facts of your case and your options. ... Read Answer

Although some sources of money related to unemployment cannot be counted toward income for purposes of Form I-864 (such as food stamps, SSI, Medicaid, and TANF), unemployment benefits are in a different category. However because the immigration officer will want to know your current employment situation, it is advisable that you get your employer if you have one presently, To draft a letter indicating what capacity you are working for him under and what your rate of pay is.... Read Answer

The question is close, but the answer seems to be that even working as an independent contractor as a yoga instructor is a violation of the immigration laws. An argument can be made that you are an independent person and not taking away a job from a US worker, but the counterargument is that you would be taking away a job opportunity from other US workers who could otherwise find employment as a yoga instructor. You should wait for your work permit if you wish to be entirely legal. I note, however, that illegal work is not a bar to your receiving permanent residence since you are in the immediate relative class for immigration, and persons who take up unauthorized work are still allowed to adjust status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence... Read Answer

Thank you for your question. I understand how concerned you must feel. More information is needed from you to be able to properly assess your inquiry, however, given what you encountered, should you believe that your child is immediate danger, you can contact Child Protection and Permanency (DCPP) and file an emergent application for custody with the court. I would strongly suggest that you contact a family law custody attorney to be able to guide you accordingly.  ... Read Answer

Generally speaking NJ recognizes the obligation of both parents to finacially assist a child past the age of 19 if the child is enrolled in a full time college program and they are finacaily capable of doing so. If his online classes constitue full time attendance according to the college, you may be required to continue contributing to his support or collge costs. There are other factors to consider and you should consult with an attorney to determine if he meets other criteria.... Read Answer

This is a common situation. Certain actions away from school can have school consequences. Two areas are social media and drugs. School authorities are concerned with activities on social media which happen away from the school setting. In similar fashion, school activities are concerned with drug use away from school. We work closely with the family and the school authorities to keep the child out of 'harm's way'. let's discuss our 'pro-active' approach asap. Please call. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

What is your "social"? Do you mean your social security number?  That seems unnecessary.  The title company handling the sale should simply issue a check in your name.  It could ask for your bank routing and account number and send a wire transfer or electronic check instead.  But no one needs to have your social security number to make a distribution of your share of the estate or to report that that has been done.  At most, the executor needs you to sign a Receipt and Release once you have received the funds and anything else due you from the estate.... Read Answer