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Severiano Emile Lisboa

Severiano Lisboa’s Answers

77 total


  • How do I sign as a Power of Attorney in state of NJ?

    I mean what do I exactly write when I sign for some one using the power of attorney? Does this work: "[sign of the person I'm signing for] by [my name printed] as Power of attorney for [print the name of the person I'm signing for]"?

    Severiano’s Answer

    Powers of attorney can be found on the internet however I would strongly recommend you contacting an attorney to go over exactly what your needs are and - whether and what type of power you need. Not all powers of attorney are the same. You can have a limited power of attorney. I.e. to perform a specific task on a specific date or for a specific purpose. Such as to authorize a person to take care of your personal financial affairs while you are way in the military. Some last forever and some terminate on a date certain. On the other hand you can sign something which is referred to as a durable power of attorney which allows the other person in essence to be you - in that they can open bank accounts, mortgages, buy cars enter into contracts etc. – and yes commit fraud in your name. I have represented numerous clients who were taken advantage of by so-called trusted friends and family- and it is later learned that the person they gave the power of attorney to- wiped out their credit and committed fraudulent acts. As such, I would recommend that you contact an attorney for advice on how to proceed.

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  • As a private individual, can I request deleted emails and phone logs from companies my spouse worked for?

    I am trying to prove my spouse cheated on me by getting her authorization to request deleted emails from gmail, office account and office logs. Does these companies honor my request if I submit the notarized authorization without any act of crime ...

    Severiano’s Answer

    You should contact an attorney first before attempting to do so on your own. You would likely need to hire attorney to subpoena the emails. Attempting self help could likely result is a harassment charge against you – for example if you contact your wife’s boss and request her emails because you think she is “cheating.” This request could be viewed as harassing and intended solely to embarrass your wife, damage her reputation or otherwise interfere with her employment. Even if the emails were validly subpoenaed, your wife’s employer may have certain privileges and rights associated with her emails. For example if she works for an attorney, medical facility or the government. In fact, in most states the government often needs a communications data warrant and a signed court order to obtain an individual’s emails/communications. Moreover, most large webmail providers require a court order to turn over records and will not honor a simple subpoena. As such, the emails could be subpoenaed by an attorney; however your wife’s employer could likely quash the subpoena or request a protective order to prevent disclosure. Moreover, there are certain technical issues presented in an email demand. The retention policies and periods for deleted emails vary greatly. As such, the response to the subpoena may result in a response, for example, that deleted emails are purged after 90 days.

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  • What rights do we have regarding Internet email

    Can Microsoft enter our email, demand a 2nd email to have a CODE sent of which they then block your original email, then declare the CODE they sent is not correct? Can Microsoft shut down our emails without notice? Has anyone filed for First Ame...

    Severiano’s Answer

    Unfortunately, if you require privacy and rights with regard to the contents of your communications, you should use snail-mail. The US Postal service needs a warrant to inspect your mail, however AOL and Microsoft can and do inspect email sent and received by their clients. Co-counsel is correct, these are private entitles. As such, they set the rules. For example, I have had many clients as a result of AOL’s algorithms and human inspection of email for so called “contraband” (i.e. pornography, pirated music, software) being sent or received through email. Rather then tell you first, they instead forward the email to the FBI, homeland security, local police etc.. This has been the case for many years and they do not need your permission.

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  • When having a simply assault charge do you have to wait five years to get it explungs

    I don't want to wait five years to get my charge expunge what are my opinios

    Severiano’s Answer

    Assuming that you have no other criminal convictions (prior or subsequent to this charge), if you plead guilty to or were found guilty of a Disorderly Persons Offense of Simple Assault or Petty Disorderly Persons Offense, you are required to wait 5 years, not from the date of conviction but from the date the sentence in completed for such conviction, i.e. the date probation if any was completed, fines were paid off etc. NJSA 2C:52-3. There is no earlier expungement for DP or PDPS.

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  • My brother was charged with 3rd degree felony and disorderly misconduct for putting gas in his car at work a few times,

    he works at a county job and his lawyer tried to get him PIT and the prosecutors turned it down , now they are trying to bring it to the judge because the prosecutor wants him to do a 3 with 2 years in prison , this is his first offense and he has...

    Severiano’s Answer

    More detail is necessary. It is unclear why the clerk would advise you that charges were diminished? Did he apply for; was he allowed to apply for; was he accepted into PTI; was the adverse PTI decision appealed? What county? Many courts have implemented a 6 month hit-list for cases not indicted within 6 months. Meaning that if the case is not resolved pre-indictment, or indicted within 6 months the presiding judge issues an order dismissing the case without prejudice. Thereafter the prosecutor has the option of leaving it dismissed or direct indicting the case. However, not all counties do this. Unlike the federal courts and most states, NJ does not have a quantifiable speedy trial cut-off time period. Thus a case can linger in complaint stage for years in NJ. Thus, larger counties with bigger dockets have attempted this “dismissal without prejudice” procedure to clear back-log. This may be what happened. As previous counsel has stated, Official Misconduct penalties have been dramatically increased in the last five years – including stip-time, forfeiture of pension, bar from future government employment, non-expugnable- even if the amount of the theft was a tank of gas. PTI or some other non-incarceration disposition is not impossible, however each case turns on its facts.

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  • How Many Days are NJ Police Departments Required to Retain Dispatch Tapes, and other recordings?

    A lawyer I spoke with stated that the dispatch tapes could be erased If a motion isn't filed in a matter of a few days?

    Severiano’s Answer

    All of the police departments in New Jersey store these types of recordings on computers. (thus nothing may be truly erased). However, there is no set “retention time.” 9-1-1 and the State Police for example can retain calls for many years, but local towns may not. Your attorney is correct, a motion or at least a certified letter to the chief of police to preserve these tapes is essential. Once this letter is transmitted and if they are destroyed after this letter is received, your attorney could make further motions including a motion to dismiss for intentional destruction of evidence or that the jury be instructed that they are to draw a negative inference against the state’s case due to the destruction of evidence.

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  • Recording of Audio in a Restaurant in NJ - legal?

    I am in NJ and my employer, a restaurant, installed new cameras that record video as well as audio in the dining room. There is no signage alerting to the fact. My concern is the Audio, not the video. Is this a legal practice - not only with regar...

    Severiano’s Answer

    Almost every street corner in America now has a video / audio (gun shot detector) on it. Since the video / audio cameras you are talking about, are in a quasi-public place, they are legal. No sign is necessary. The wiretap act in New Jersey only protects you if you are having a private conversation with another party and both of you expect the call to be private and neither one of you is recording (however one party to a phone conversation can record the other without the others knowledge or permission). If you are having a conversation in public, (i.e. restaurant) the law recognizes that you have no expectation of privacy in such an open setting. However if the cameras were placed surreptitiously in the bathrooms for example this would be a different story. However, there are many courts that I traveled to that have audio recording in all of the bathrooms (for security purposes) many of them have a sign on the door - warning its users, so that if they decide that they do not want to be listened in on - they should use a different bathroom.

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  • Why did my parents get arrested if they were paying welfare back?

    Both of my parents where arrested and charged with perjury and fraudulent receipt of pubic assistance in excess of $400. I don't exactly know what is going on, but from the pieces I've managed to put together this is what I know: Apparently, my pa...

    Severiano’s Answer

    Unfortunately, many state and federal agencies are very adept at this maneuver. The IRS for example is keen on sending IRS agents to your house to interview you about discrepancies on your tax filing. You admit to everything, enter into a repayment agreement - and then they hand over their entire file to the FBI. You get arrested. Then when you try to suppress your statements made to the IRS you realize you cannot since the IRS, welfare, unemployment etc. are not “cops” under the 5th and 4th Amendment and therefore did not have to warn you that anything you say to them will be used to prosecute you. Your parents should have contacted an attorney first. Notwithstanding they absolutely need attorneys now. You should consider posting bail. The procedure for posting bail varies depending upon whether they were charged by the state or the feds.

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  • Will i go to jail for fraudulently using a credit card? In New Jersey

    Charged with fraudulent use of credit card worth $30. Told police everything. I am 18 with only one misdemeanor. Am I eligible for pti? Can I face jail time? How much will fines be? Police say getting a lawyer is a waste of money now since I told ...

    Severiano’s Answer

    Credit card theft is a 4th degree felony charge which carries probation with the possibility of up to 364 days in the county jail. If you have no prior record, and assuming the prosecution cannot show a continuing course of conduct you would be PTI eligible. This is also a deportable offense if you are not a U.S. citizen. Fines will be less than $500 and you will likely be required to pay restitution. Can you represent yourself if you are not an attorney? Absolutely. Can you perform open heart surgery on yourself if you are not a doctor? Absolutely. However you may have to live with the results.

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  • Contempt of court remand to the municipal court?

    Hi, my friend had to go to Municipal Court, plead guilty of harassment and was fined. The judge ordered him to cease all contact from the "victim". The "victim" contacted him via text message about 2 days later and asked how court was (she didn't ...

    Severiano’s Answer

    Your question lacks some important details. I am assuming there is no restraining Order in effect. In New Jersey, a restraining Order is the primary, enforceable way to stop contact between two parties assuming there was a pre-existing family, dating, marriage relationship. Unlike many states once a restraining Order is issued and left unappeased, it lasts forever, unless the protected party requests that the Order be removed. (A violation of same is usually a 4th degree felony). Absent a restraining Order, a court of competent jurisdiction, can, as a condition of bail, order no contact with a victim/witness prior to the case terminating after a trial, dismissal or guilty plea. As part of a felony sex offense, a superior court judge can sentence a defendant to no victim contact. The legislature has legislated in this area (no contact orders) under the DV statute NJS 2C:25-30, and for felony sex offenses only - a no-contact provision that can be made part of a sex offenses NJS 2C:44-8; NJS 2C:45-1; NJS 2C:45-2 (c)(2) - thus the legislature preempted a municipal court from creating its own quasi-restraining Order and contempt proceedings outside of these areas. Moreover, “contempt of a judicial order” is a felony charge thus, a violation of same would have to be prosecuted at the County level, not in a municipal Court. Can a NJ Municipal court Order no-contact - assuming the defendant plead guilty and there is no-probation? Yes. However, is such a provision enforceable? This is subject to question. R. 1:10-1 allows for summary contempt proceedings, however as stated above the municipal court may not have subject matter jurisdiction to create no-contact orders in the first place. However, since your question lacks specifics it is difficult to evaluate the situation. If the victim and the defendant need to contact each other, one or both of you should contact attorney.

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