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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87190
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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what is my standing to bring a case for selective enforcement

Customer Question

what is my standing to bring a case for selective enforcement case under the new jersey constitution when five business's are operating in violation of the criminal code of atlantic city and my business is the only one being prosecuted ?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Tell me more - what are you being prosecuted for?





Customer: replied 4 years ago.
operating an adult entertainment business in the wrong zone
Expert:  Ely replied 4 years ago.
Selective enforcement is about RACIAL profiling - are you and the other owners of a different race?
Customer: replied 4 years ago.
possibly i am using the wrong term? the other five business's are in violation of the same ordinance and they are selectively only prosecuting our company
Expert:  Ely replied 4 years ago.
Right. Let me ask - are you a MINORITY by any chance, and they are all white, etc?
Customer: replied 4 years ago.
no
Expert:  Ely replied 4 years ago.
You're not going to like my answer. Police have wide latitude on who they can arrest or charge, or ticket, etc - hence often police working with prostitutes on stings, or even being given a ticket or a warning, depending on the situation. AS LONG AS the decisions are not being made due to discrimination based on race/religions/gender/ethnicity, I'm afraid they are in the right. I am sorry - people come through attorney doors all the time who have been morally wronged but for whom legal avenues do not exist. I am afraid this is one of these times.



Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”

















Customer: replied 4 years ago.
just to clarify this,for example the closing time for stores in a city in the state of new jersey is midnite and every store in the city is open 24 hours a day,the city can pick one store to take to court to enforce the regulation while they allow all the others to stay open?

Expert:  Ely replied 4 years ago.
Unfortunately yes. But that doesn't mean that you can't be the first one to bring a lawsuit to challenge it under a constitutional basis. I am just saying that legally speaking, it is, but you may try to challenge it. You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you'll need a constitutional approach.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.


When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”






























Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87190
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Relist: Incomplete answer.
i was specific in asking for an attorney knowledgeable in nj constitutional law. the answer was given by someone without that knowledge and recommended i hire someone who was.while this was an accurate answer this person should not have attempted to answer the question
Expert:  Ely replied 4 years ago.
Hi again,Actually, I am pretty well versed in constitutional and discriminatory law. Can I expand on my answer any? What else do you need to know?
Customer: replied 4 years ago.
the owners of all the business hold a mercantile license and must obey the the laws of atlantic city. all of the owners are in violation. the agency in charge of the licenses is bringing the action. they are not prosecutors,is their any difference in forcing them to do their jobs?
Expert:  Ely replied 4 years ago.
Hello again,While I see your point, you must understand - the ADA and the police CAN selectively choose to enforce or not enforce a criminal violation. Again, you MAY sue the municipality or even the state (depending on what branch of peace officers it is) but the chances of you being successful are slim.

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