Civil Rights Legal Questions

If they had a good faith basis to believe you had committed a crime (and not merely a traffic violation), they would have had the right to arrest you and search your pockets.  If not, then they should not have done so.  Usually, the "punishment" for an illegal search by police is the exclusion of illegally-found evidence from the prosecution against the accused. But in this case you were not charged, so the issue is moot.     ... Read More

There are statutes that do prohibit the unlawful hacking of emails and personal accounts. Case law on access to emails in the context of divorces and family law go back to White v. White 344 NJ Super. 211. There must be proof that the offender knew he or she did not have authorization to access those accounts.  The appropriate statute is NJSA 2A:156A-27. Since you indicate that this hacking occurred post-divorce and that there was no authorization or consent (for instance if you were still married and you did not password protect your emails, this would be considered consent), then you could possibly bring charges. If the hacking caused any kind of commercial damage (like accessing your credit card or bank accounts) it could be a crime of the third degree. If it is for non-commercial reasons it would likely be a crime of the fourth degree. You could try and file a complaint in your municipality. However, you need to be able to prove the hacking.... Read More

An attorney could assist but this is a matter for paying the attorney's time. I doubt any attorney would take the case con a contingency basis without further investigation and I dont believe any attorney would conduct that investigationwihtout charge.   I  suggest either you retain an attorney or you contact the Office of the Inspector General of the Department of Corrections in Tallahassee and report the problem.  I am sure by contacting the department you would be able to obain the correct phone number.... Read More

There are two issues. 1. Was there a HIPPA violation ? 2. How was your mother damaged by the violation ? We would research both issues and provide you with a written opinion regarding the merits of your mother's position. You must decide how much you want to invest in this analysis. Ed Dimon... Read More

This case is complex because you need a doctor to review the medical records and render an opinion that the required standard of care was not met. This is difficult to achieve in a normal situation. It may be impossible in a prison situation. We have used the former head of the prison medical system to review the records. The initial cost is significant. This may be $5000 for the review and analysis. Please call to discuss. Ed Dimon... Read More

You must have a driver's license if you are driving a vehicle. You do not need a driver's license for identification. You can use another from of identification. Were you driving a vehicle ? The second problem is the warrant for your arrest. You must heed the warrant even if the arrest warrant is wrong. You report to court and explain why the warrant is not correct. Please call asap to discuss. Ed Dimon 732-797-1600... Read More

Were you arrested ? Were you charged ? The employee statements to the police are crucial. The review of the video is crucial. The question is whether there was 'reasonable suspicion'to stop and question you. We need this information and the video to give you the proper answer. Please call to discuss. Ed Dimon... Read More

You should make a detailed written record of what you saw happen with the authorities at the facility. If you are unhappy with the investigation and recommendations, you can file a written complaint with the state licensing authorities. The state will then investigate. Your written record must be specific and detailed. Please call if you would like our help. Ed Dimon... Read More

The school situation makes the case more difficult to analyze. After the school shootings, the courts have opened the door to the psychiatric evaluation if there is the possibility of danger to the staff or other students. The analysis is fact sensitive. We did a similar case at Princeton. Please call if we can help. Ed Dimon... Read More

Your landlord has a legal obligation to keep your apartment habitable, and that includes fixing the conditions you listed. You can start an action (or hire a lawyer to start an action) to force him to make the repairs. You may be entitled to a rent reduction if the conditions are serious enough and you can prove he ignored your requests for a significant time. If the lead poisoning can be linked to paint used in the apartment, you may have a serious lawsuit on behalf of your child, as well.... Read More