A Bergen County man will get a new trial, New Jersey criminal lawyers report, after a ruling from the state appeals court last month. Appellate judges issued a warning to criminal trial judges regarding the procedure for a defendant who refuses to testify at his own trial. In these cases, the jury must be instructed not to draw an adverse inference against the defendant when making a decision.
Immigrants from India, China, Asia, and Europe found more jobs in New Jersey than in any other state last year. The Department of Homeland Security granted nearly 46,000 temporary work visas to highly skilled workers coming to New Jersey in 2012—more than double the amount of visas granted in gateway states such as New York and Texas.
New Jersey's Supreme Court is considering a proposal that would update current child-support laws to more accurately reflect the financial status of the American family. Chaired by Appellate Division Judge Marie Lihotz, the committee is encouraging the Supreme Court to consider how economic realities have changed in the last twelve years, and to apply those changes to the guidelines governing child-support requirements, taking into account "prosperous years, recession years, and the current slow recover years."
A New Jersey teacher is facing criminal charges following a routine traffic stop last month. Louis A. Yontef, from West Orange, was charged with possession of cocaine while on vacation in Boca Raton, Florida, during his school's spring break. He and a friend were stopped by a local police officer for a minor offense, which New Jersey criminal attorneys say has snowballed into much more serious drug charges that could jeopardize the man's career as a New Providence teacher.
In the aftermath of a divorce, ex-spouses split up property, the house, time with their children and pets, and various previously shared possessions—a couch, a wedding present, the family condo. But the division of assets is often the hardest split to make, as divorcing couples are not always clear on what state law requires of them financially, and cannot always come to an equal decision about who should have what.
A committee of the New Jersey Supreme Court has proposed changes to evidence rules in court proceedings, hoping to restrict the use of evidence from past crimes to besmirch a defendant's credibility in a present trial. NJ criminal lawyers report that the committee plans to update the language and the range of New Jersey Rule of Evidence 609.
A May court date has been set in Los Angeles for the divorce proceedings between Kim Kardashian and Kris Humphries. Kardashian, who is expecting a baby with Kanye West in July, filed for divorce from Humphries in October, less than four months after their extravagant wedding aired on E! Entertainment Television.
A New Jersey man is suing NBC personality Dr. Mehmet Oz, claiming that the doctor's insomnia cure left him "sick, sore, lame, and disabled from third-degree burns," his personal injury lawyers state. Frank Dietl, a 76-year-old man from Southampton, was watching Dr. Oz's 24-Hour Ultimate Energy Boost Plan on April 17, 2012, during which Oz debuted his at-home remedy for insomnia—the "Knapsack Heated Rice Footsie."
Last month, Immigration and Customs Enforcement, or ICE, released "several hundred…noncriminal or low-risk" detainees across the country, in a move that has caused several to question the legality of detaining these and other immigrants in correctional facilities across America.
In a state Supreme Court hearing last month, New Jersey family attorneys presented cases for and against changing children's surnames after a divorce. After a recent trial, Emma v. Evans, A-2303-10, a judge in Burlington County ruled that Jessica Evans had the right to change her children's last names to match her own maiden name following her divorce, but that decision was reversed when her ex-husband, Paul Emma, filed an appeal.
Josh Moore's 11th birthday this year is one that will most likely go down in family history. Shawn Moore, the boy's father, posted a picture on his Facebook wall of his son, decked out in camouflage and grinning from ear to ear, while clutching his brand-new birthday present—a .22 caliber black rifle that looks similar to a military-style assault rifle.
New Jersey may introduce less restrictive penalties for first-time drunk driving offenders. The state senate has approved a bill that proposes changes to the standard requirements for drivers who have been charged with a DUI for the first time. New Jersey drunk driving lawyers say that the bill, if passed, may keep drivers not only from driving drunk, but also from driving on a suspended license.
President Barack Obama is kicking off his second term in the White House with an initiative aimed at helping illegal immigrants in the United States. In May 2011, the president introduced an immigration blueprint similar to his 2013 proposals, but his initial attempt did not make it very far in Congress.
In a recent ruling, the state appellate division denied a prosecutor's request that a police officer turn over his flashlight in a case against him, New Jersey criminal attorneys report. Myron Kelsey, an officer from the Trenton Police Department, was charged with assault when he allegedly used the flashlight in question to beat people over the head in a street fight.
The New Jersey appeals court recently reversed a previous expungement decision for a Medicaid fraud case from 2005, and in doing so, clarified the state requirements for expungement of two related, but nonconcurrent crimes. In reviewing the appeal request for R.Z., A-4253-11, the appellate court found that R.Z. and his New Jersey criminal attorneys failed to establish that the crimes were committed concurrently.
Ten years after his original conviction, Askia Nash has been given a second chance to defend his innocence. Nash, a former librarian at Morton Street Elementary in Newark, was convicted in 2002 of sexually assaulting a student, and was sentenced to 22 years in prison. But after serving a decade of his sentence, the New Jersey Supreme Court recently granted Nash a retrial in light of evidence that had been omitted from the original proceedings.
In February, the New Jersey Supreme Court Committee on Municipal Court Practice proposed a series of revisions intended to update the current municipal court proceedings to more closely resemble those of the state supreme and superior criminal courts. Criminal attorneys in New Jersey say that the revisions, if accepted by the state supreme court, would unify the processes of the municipal and superior courts.
A New Jersey mother can move her child to North Carolina, even though she does not have a new job lined up yet, according to a recent ruling from Superior Court Judge Lawrence Jones. The mother, Latifah Benjamin, need only prove that she has a "reasonable plan for providing the child in her care with an economically stable home in the new state."
Criminal attorneys in New Jersey who have represented repeat offenders know that a key factor in returning to a life of crime is desperation. If convicted criminals have no resources to find jobs and homes to start a new life, they are likely to end up back in jail.
Americans are calling for a better solution for the growing problem of mentally ill or unstable citizens involved in criminal activity, New Jersey criminal attorneys report. The tragedy at Sandy Hook Elementary in Connecticut, where a mentally unstable man’s shooting spree at an elementary school left nearly two dozen children and teachers dead, has sparked lawmakers to find a more effective way to deal with mental illness in the criminal system and courtrooms.
A man whose conviction of child molestation was overturned because his public defender provided an inadequate defense will recover more than half a million dollars from the state, New Jersey Criminal Attorneys report.
New Jersey resident Joan Crescenz’s lawsuit against the Penguin Publishing Group and Michael Capuzzo, the author of a 2010 novel detailing the exploits of the Vidocq Society, a real-life team of Sherlock Holmes-type detectives who crack cold cases, was dismissed this month in a federal ruling.
Helmer, Paul and Conley, Pa is Pleased to Announce that Yaron (Ron) Helmer has been Selected to the 2013 NJ Super Lawyers List
Helmer, Paul and Conley, Pa is pleased to announce that Yaron (Ron) Helmer has been selected to the 2013 NJ Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
In a recent child pornography case, a New Jersey criminal attorney argued that his client was treated unfairly when he was denied access to state evidence against him. Attorney Bruce LiCausi presented his client’s case to the state Supreme Court early this year, and claimed that the Appellate Division has created an unequal system for defendants in keeping his client, Blaine Scoles, in the dark about his own trial.
This January, college students across the state joined with immigration activists in launching a campaign to eliminate tuition disparity for illegal immigrants. The NJ DREAM Act Coalition and New Jersey United Students held their first rally in Trenton. On the Statehouse steps, the activists publically backed several controversial pieces of legislation that are being debated in the New Jersey Senate and Assembly.
A bill recommended by the state Assembly Judiciary Committee would invite lawsuits from victims of gender-motivated crimes or stalking crimes, New Jersey criminal attorneys report. The bill, A-746, was approved by the committee and seeks to establish “a civil cause of action for gender-motivated violence.”
A pending trial against unknown drug dealers may lead to additional charges for dealers connected to overdose deaths, New Jersey criminal attorneys report. Ruth and Philip Roth, from Teaneck, New Jersey, are filing a lawsuit aimed at the unidentified drug dealers who they claim are responsible for their son’s death.
William Isaksen, a 28-year-old man from Stafford Township, will receive a new trial by jury, New Jersey criminal lawyers report. Last year, a Middlesex County jury convicted Isaksen to a three-year jail sentence in connection with a failed burglary.
A diner injured by shards of glass at a Red Lobster in 2009 does not need to prove negligence on the part of the waiter who dropped a plate and injured her, New Jersey personal injury attorneys report. In Clark v. Darden Restaurants Inc., 11-cv-1056, a federal judge ruled that New Jersey resident Darryl Clark had a reasonable expectation of safety while dining in the restaurant.
New Jersey criminal attorneys report that the state courts will be making changes to criminal defendants’ waivers. All criminal defendants can waive their right to a trial by jury, which is automatically granted to them as a civil right.
Oversharing has become second nature to a vast majority of the up-and-coming teen generation, but New Jersey Drunk driving attorneys warn of its consequences. Facebook, Instagram, and Twitter are easily accessible venues for updating friends and followers about every minute of one's day-to-day activities.
In the wake of the recent Sandy Hook tragedy, New Jersey federal lawmakers have joined the conversation about gun violence. Although gun violence is a widely-discussed issue in every political agenda, the recent shootings in Connecticut have brought a new sense of urgency to the discussion, New Jersey attorneys say.
In a move that reversed a previous court decision about child abuse and physician responsibility, a New Jersey appeals panel presented the case of a two-year-old girl whose adoptive mother was suing the child's emergency room doctor for failing to report a suspicion of abuse.
An outstanding parole warrant does not excuse a wrongful investigatory detention, according to New Jersey Supreme Court officials in a decision last month. In State v. Shaw, A-38-11, the state Supreme Court ruled that the defendant, Don Shaw, was wrongfully held in police custody, and that the later discovery of a parole violation against him did not mitigate the violation of his rights during the stop.
Husbands and wives may want to watch what they are sending back and forth via e-mail, New Jersey family attorneys warn. In December, the U.S. Court of Appeals for the Fourth Circuit ruled that e-mails between a husband and wife were not protected under any marital communication privileges. Spouses cannot always enjoy an expectation of privacy, especially depending on the circumstances.
General Contractors Not Responsible for Subcontracted Employee Injuries, New Jersey Personal Injury Attorneys Report
The New Jersey Appellate Division issued a ruling last November that lets general contractors off the hook for injuries sustained by subcontractors’ employees while on the job. In Tarabokia v. Structure Tone, A-3822-11, the Appellate Division ruled that the contractor was free from liability because “the risk…was not immediately obvious and did not involve an unsafe or hazardous physical condition on the premises.”
“Granny snatching” is quickly becoming the newest form of elder abuse, and New Jersey lawmakers are looking to enact legislation to prevent it, New Jersey family attorneys report. The New Jersey Adult Guardianship and Protective Proceedings Jurisdiction Act would protect adult guardianship appointments made by New Jersey courts, even across state lines.
A new bill that proposes increased penalties for drivers who injure or fatally harm pedestrians in a crosswalk has been making its way through the state Senate, New Jersey criminal attorneys report. Co-sponsored by state Senator Sandra B. Cunningham, the bill, S-1354, was released by the Senate Transportation Committee last month, and is now waiting on the full state Senate to make its decision.
New Jersey family attorneys say that alimony is one of the leading sources of tension in the relationship between ex-husbands and wives. A mandatory, court-decreed payment of a predetermined amount of money that passes hands on a fixed schedule, alimony is bound to cause problems, especially when it is withheld, or when one spouse is unable to pay the other.
A prior history of drunk driving and DUI charges can escalate a DUI offense, especially when an auto accident caused by driving under the influence results in injury or death, New Jersey drunk driving lawyers say. The high-profile arrest of Dallas Cowboys’ team member Joshua Brent last month is one example of a repeat offender facing arrest.
Calling New Jersey a “progressive place,” that tackles “public health and mental health…[as] big issues,” state Assemblyman John Burzichelli, from Paulsboro, denounced the practice of conversion therapy for homosexual youth. Along with openly gay Assemblyman Timothy Eustace of Bergen County, Burzichelli pledged to support an Assembly bill that seeks to ban therapy and counseling designed to change the sexual orientation of a minor.
The New Jersey Supreme Court issued a ruling this fall that could significantly decrease the number of juvenile court cases that are tried in adult court. In September, the state Supreme Court ruled on a 2009 case involving three juveniles charged as adults in a robbery.
Quasheem Reels, of Paterson, New Jersey, could be sentenced to twenty years in a state prison after selling heroin to a man who later died from an overdose. Under a little-used state law, a drug dealer can be charged with a first-degree crime if one of his clients dies of an overdose.
Marsha Kleinman, a leading New Jersey psychologist, was found guilty of misconduct and malpractice for manipulating her young clients into believing they had been sexually abused by their parents. New Jersey family lawyers say that Kleinman implanted false memories of abuse in children she helped, focusing particularly on the father as sexual abuser.
The New Jersey Appellate Division ruled last month that a mother’s baseless claims of molestation made on behalf of her young daughter were the equivalent to abuse and neglect. The mother, named in the ruling as Sally, leveled false accusations against the child’s father, Charles, and taught her 6-year-old daughter “Amy” to mimic her claims, New Jersey family lawyers say.
A woman from Asbury, New Jersey, is facing criminal charges after driving under the influence and failing to restrain her 5-year-old daughter in a car seat. Kimberly Joy Stricker, 40, drove off a road in Monroe County, Pennsylvania, crashing into a ditch and an embankment after she lost control of her car. The car flipped over and hit a tree 30 feet from the roadside.
The New Jersey State Bar Association and the Assembly Judiciary Committee are recommending the passage of a bill that would protect military parents from losing custody of their children during lengthy deployments. The bill, S-1051, has been approved by several entities, including the state Senate, and New Jersey family lawyers hope that its passage will help strengthen military families and protect the rights of service men and women.
A New Jersey man is pleading self-defense after shooting a female friend on the night of his 25th birthday party. Giuseppe “Joseph” Tedesco shot Alyssa Ruggieri, 22, six times at her home in March 2010. New Jersey criminal attorneys say that Ruggieri had refused to attend Tedesco’s birthday celebrations that night, sparking a violent argument that ended with Ruggieri’s death.
A New Jersey judge sentenced William Simkins to seven-and-a-half years in jail for leaving the scene of a 2010 accident that left a teenage boy dead. Simkins, 33, had been earlier cleared of vehicular homicide charges, but fleeing the accident will cost him jail time and a two-year license suspension once he is released.
When Jovan Belchar, a Kansas City Chiefs’ linebacker, shot and killed his longtime girlfriend, and then committed suicide hours later in the Chiefs’ practice facility, friends, family, and teammates could find no immediate motive. After a promising college career, Belchar had been making a name for himself on the professional football field, and he and his girlfriend had just welcomed a baby girl into the world three months earlier.
December is the time for holiday cheer – and that cheer includes office parties, New Years’ Eve bashes, and family get-togethers. These events are often the joyful celebration of another year, but when the drink flows too freely, and winter weather ices up the roads, the drive home can become treacherous.
A recent study by the Workers Compensation Research Institute (WCRI) indicates that the costs for workers’ compensation claims are on the rise. The WCRI puts forth an annual benchmarking study to monitor the change in costs of workers’ compensation claims over the years, so that businesses and corporations can keep their systems updated and cost-effective.
Wearing your seatbelt is one of the first steps in safe driving, New Jersey criminal attorneys say, but many drivers may soon find that failing to buckle up is not only unsafe, but criminal activity as well. The New Jersey Appellate Division has declared that driving or riding without wearing a seatbelt is a predicate offense under N.J.S.A. 2C:40-18, and criminal charges for violating public safety can result from a failure to wear a seatbelt in the car.
If you have been convicted of driving under the influence in New Jersey, state law mandates that you enroll in an Intoxicated Driving Resource Center (IDRC) program. This program evaluates DUI offenders for drug and/or alcohol problems, and assigns treatments based on level of offense and prior record.
While most New Jersey drivers limit their drinking when they must drive home from a night out on the town, or call a cab when they’ve imbibed too much, many people do not extend the same caution on New Jersey’s waterways or off-road paths.
The New Jersey Supreme Court remains divided on the issue of paternity rights assigned to infertile men and women. In a recent ruling, Matter of Parentage of a Child by T.J.S. and A.L.S., A-130-10, the state Supreme Court met to determine whether the Parentage Act of 2006 violates the Equal Protection Clause, and ultimately let stand a decision from the lower court about surrogacy and parenthood.
Sleeping off your night of partying in your car may not be such a great idea, New Jersey DUI attorneys say. Last month, police arrested Nicholas Healy, 27, a Toms River resident, when they found him passed out in his Honda Civic in a parking lot around 3:00 a.m. According to the police report, the driver’s head was on the steering wheel and the car was in park with the engine running.
The New Jersey criminal attorneys at Helmer, Paul, Conley, and Kasselman have been watching with interest as Lindsay Lohan's latest legal trouble has been unfolding in the news. When Lohan's Porsche rear-ended an 18-wheeler on the Pacific Coast Highway this June, Santa Monica law enforcement officials initially charged her with a misdemeanor.
In the aftermath of Superstorm Sandy, residents are starting to rebuild, New Jersey personal injury attorneys report. The streets are being cleared and cleaned, schools are opening, and gas rationing has ended – all signs of hope in the devastated state.
If the recent drama about Ariel Winter, child star of Modern Family, and her mother are any indication, even parents sometimes need protection from the words of their children, New Jersey family attorneys say. Last month, 14-year-old Ariel Winter, who plays Alex Dunphy on the popular ABC comedy, accused her mother, Chrisoula Workman, of emotionally and physically abusing her.
Nine out of ten teenage drivers in the United States pledged to drive safely in 2011, cutting the number of high school students who are drinking and driving in half over the last two decades, New Jersey DUI attorneys are happy to report.
State courts can now compel genetic testing to determine paternity without first considering the welfare of the children involved, the New Jersey Supreme Court has ruled. A man who has doubts about whether or not he is a child’s father can now request DNA testing, as long as he has a “reasonable basis” for doing so.
More than two years after his imprisonment, Bart McInerney was released from South Wood State Prison this month with a second chance. The former St. Rose High School baseball coach had been accused and convicted of sexual misconduct with his players, and was sentenced to an 18-year prison term.
Under New Jersey auto accident law, a Hampton man who hit four bicyclists with his car earlier this year will serve 150 days in a county jail. Robert Whitesell, 26, was driving with a suspended license when he ran into a pedestrian sidewalk sign and four cyclists riding on Route 519 in April.
The New Jersey Supreme Court recently ruled that testimony given by a 13-year-old charged with a sex offense was admissible in court, even though the boy’s father was not present in the interrogation room at the time.
The New Jersey Assembly Law and Public Safety Committee has proposed a bill that will impose harsher penalties for drunk driving with a minor passenger in the car. Under current New Jersey law, DUI offenders are charged with a disorderly persons offense; the law does not impose separate repercussions for those driving under the influence with young children in tow.
New Jersey judges ruled last month that Anthony Galde can move away from his ex-partner, Richard Rinko, even though they share custody of their adoptive son, J.G.-R. Although Galde is moving to Georgia, where same-sex couples are not allowed to adopt a child together, his custody arrangement will be upheld by the U.S. Constitution’s Full Faith and Credit Clause, which requires the state of Georgia to enforce the pre-existing arrangement ordered by the New Jersey court, New Jersey family lawyers say.
Recent changes in New York’s relicensing regulations could propel similar changes to DUI laws across the country, New Jersey DUI attorneys say. New York officials have put in motion legislation that will deny relicensing to repeat DUI offenders, who account for 25% of all drunk driving related accidents each year. Other states have recently instituted harsher penalties as well in an attempt to prevent habitual drunk drivers from staying behind the wheel.
Advanced technology is changing the way criminal courts gather evidence, according to New Jersey criminal defense attorneys, and your trusted cell phone may contain damning evidence that works against you.
When New Jersey teen Kara Alongi posted a desperate message to her Twitter feed at the end of September, it started a statewide search that sparked a national following and widespread media attention.
NJ Personal Injury Attorneys and Others Send Message to Teenagers: Don’t Use Your Cell Phone While Driving
New Jersey personal injury attorneys know how dangerous distracted driving is, but for most high school students, sending text messages and talking on cell phones are a normal part of everyday life.
New Jersey Criminal Defense Attorneys Applaud State's New, Toughened Standards for Trying Juveniles as Adults
In a move many New Jersey criminal defense attorneys condone, the New Jersey Supreme Court recently ruled that prosecutors must meet a tougher standard before trying a juvenile as an adult in a criminal case.
Atlanta Falcons Football Player May Seek Help from New Jersey DWI Attorneys After Drunk Driving Arrest
New Jersey DWI attorneys, and anyone who regularly watches the news, can’t help but notice the recent wave of NFL stars arrested on suspicion of drunk driving, including the recent arrest of Atlanta Falcons running back Michael Turner.
When drivers fail to heed traffic lights, serious consequences can result. However as experienced NJ injury lawyers know, red light cameras at intersections aren't always the answer.
New Jersey Criminal Defense Attorneys Help Former Hackensack Police Chief Reduce Potential Jail Sentence
Regardless of past or present accomplishments, anyone charged with a crime in New Jersey can benefit from the help of experienced New Jersey criminal defense attorneys, and Charles "Ken" Zisa is no exception. The former Hackensack police chief and state assemblyman recently faced sentencing on a conviction for official misconduct and insurance fraud.
As many New Jersey DUI lawyers know, drunk driving charges can become complex if an accident occurs, and fame doesn't provide an easy out. According to recent media reports, actress Lindsay Lohan allegedly clipped a pedestrian while driving in New York City. The man, who was later identified as a Jersey City resident, was taken to an area hospital with a knee injury.
New Jersey Personal Injury Lawyers Believe Newer Cars Have More Safety Benefits
New Jersey personal injury lawyers note that accident injury and fatality growth rates are at their lowest levels since record-keeping officially began.
New Jersey Personal Injury Lawyers Support School Bus Protections for Developmentally Disabled Adult Students
A new piece of legislation signed by the acting governor Kim Guadagno provides for a number of protections for adult students with developmental disabilities.
New Jersey Criminal Defense Attorneys Applaud Supreme Court Decision Against Life Sentences for Juvenile Offenders
In a decision that is bound to affect state attitudes towards mandatory life sentences for juvenile offenders, the U.S. Supreme Court recently ruled that a mandatory life sentence for a juvenile convicted of a crime constitutes cruel and unusual punishment.
New Jersey Criminal Defense Lawyers Identify Information That Will Now Be Accessible
State authorities recently announced that criminal conviction records will now be available for public access through a searchable database on the New Jersey Courts website.
Law enforcement authorities in Michigan used an inventive new technique to reduce the incidence of drunk driving over the Fourth of July as part of their annual anti-DUI campaign. The campaign involved the distribution of dozens of urinal deodorizer cakes that contained prerecorded messages asking bar patrons to refrain from driving under the incidence of alcohol.
New Jersey Gov. Chris Christie recently signed a bill that would phase in mandatory drug court programs for nonviolent offenders in the state. The new law will now allow statewide mandatory sentencing to drug court programs instead of mandatory incarceration for people who have been convicted of nonviolent offenses.
A New Jersey judge has ruled that two high school employees who allegedly had sex with students on a trip to Germany can be charged with sex crimes in New Jersey, even though the alleged incident occurred outside of New Jersey.
New Jersey lawmakers are considering a proposal that would require everyone convicted of a DUI offense, even first-time offenders, to install an ignition interlock device in their vehicles.
The federal administration has announced that it will soon stop deporting younger undocumented in immigrants who came into this country as children and have no history of criminal offenses.
A New Jersey appellate court has ruled that a brain injury is no legal basis to refuse a DUI breathalyzer.
American prosecutors have filed charges against a Palestinian man who is being accused of forcibly taking his three children from their home in Kansas to his home in the Gaza Strip.
Under New Jersey law, a motorist driving with an unrestrained pet in the car may be fined. This summer, as more New Jersey residents embark on vacations and family trips, the number of motorists driving with their pets will likely increase. State officials are reminding people about the law, and warning them to keep their pets safely restrained in the car while they are driving.
The British government plans to introduce a divorce app to help couples through the painful process of divorce. In the United States, couples undergoing a divorce can download apps on their iPhones to understand and manage divorce processes. These apps include child support calculators that are based on individual state guidelines.
Over the past month, the media has reported a series of DUI arrests involving players in the National Football League. Although NFL players are not necessarily at a higher risk of being arrested for DUI, these arrests make national headlines and receive extensive media coverage.
The reduction in motorcycle accident fatalities that New Jersey personal injury lawyers had witnessed in the past couple for years ended in 2011.
The size of dog bite claims filed by New Jersey dog bite lawyers dropped last year. In 2011, State Farm Insurance paid more than $109 million to settle dog bite claims filed across the country. In New Jersey, State Farm paid less in dog bite claims than the previous year; in 2011, the insurer settled 60 dog bite claims in New Jersey, resulting in just over $2 million in payments to dog bite victims.
The National Transportation Safety Board recently released its investigative report into a deadly bus accident in New York last year that killed 15 people. The report blames the catastrophe solely on the driver who was driving in a fatigued condition.
Last week, the New Jersey State Department of Transportation suspended dozens of red light cameras that have been installed across the state. The suspension will remove cameras from 63 of the 85 intersections where these systems were installed. Cameras in 21 of 25 towns are expected to be affected by the suspension. These towns have been ordered to immediately stop issuing tickets for violators.
The New Jersey Senate Judiciary Committee is expected to soon consider a bill that will authorize state motor vehicle agencies to grant restricted permits to persons who have been convicted of driving under the influence. The permits will be granted by the Motor Vehicle Commission's chief administrator.
A new case that has been closely watched by New Jersey personal injury attorneys raises the question of how to balance safe driving with distracting mobile devices. A judge has ruled that a woman who was texting her boyfriend while he was driving a car was not liable in an accident caused by the motorist’s distracted driving. The judge has dismissed claims against the woman that were filed by the injured victims in this accident.
Thousands of New Jerseyans have begun traveling across the state, kicking off their summer plans. As any New Jersey personal injury lawyer knows, traffic safety is not a priority for many New Jersey travelers. Therefore, New Jersey law enforcement officers and transportation safety officials are collaborating in an initiative to increase awareness about summer traffic safety.
Traffic accident fatalities across the country dropped to their lowest level in decades last year. According to preliminary data released by the National Highway Traffic Safety Administration, those numbers fell to the lowest levels since record-keeping began in 1949.
New Jersey Car Accident Attorneys Warn of Higher Risk of Traffic Accident Injuries in Poor Neighborhoods
Congested streets, higher population density, and poorly designed roads – these are some of the reasons why people who live in low-income neighborhoods may be at a higher risk of suffering injuries in traffic accidents than their wealthier counterparts.
The Assembly Judiciary Committee recently passed a bill which proposes a pilot program for a non-voluntary drug court in two counties in the state of New Jersey. Bill A2883 is a weaker version of the bill proposed by Gov. Christie which required mandatory drug treatment for all persons convicted of nonviolent offenses.
Facebook founder Mark Zuckerberg’s recent marriage to his longtime girlfriend would not generally be of particular interest any New Jersey family lawyer. However, the timing of the nuptials has raised more than a few eyebrows. The marriage took place exactly one day after the much vaunted Facebook IPO.
Online impersonation to lure potential suspects is one of the oldest tricks in the book, as many New Jersey criminal defense lawyers are aware. Most recently, a New Jersey man was arrested after chatting with a teenager on Facebook. The man, Kevin Wild, was arrested for engaging in what authorities believe was a sexually explicit conversation with the boy.
Two 15-year-old wrestlers at a New Jersey high school who were arrested after complaints that they inappropriately touched three younger middle school boys will now be subject to Megan’s Law.
Over the past few months, New Jersey family lawyers have noticed a severe overreaction to the sex abuse scandals recently reported in the media. Such overreaction can have dangerous consequences.
A judge in Texas is reconsidering his decision to impose what NJ DUI lawyers consider a shocking punishment of a person convicted of a DUI offense. The judge had ordered the man, who was involved in a fatal drunk driving accident, to stand at the accident scene for four days wearing a placard implicating him in the accident.
As New Jersey DUI lawyers know, under New Jersey law, when law enforcement administers a breathalyzer test to a suspected intoxicated motorist, no foreign materials or objects should be present in the mouth. Under this rule, a woman’s tongue stud recently voided a breathalyzer reading that registered up to three times the legal limit of alcohol.
New Jersey citizens are likely to pay higher court fees soon due to a provision in the governor's budget plan. Gov. Christie's budget includes plans to raise more than $50 million a year from increased court fees.
New Jersey personal injury lawyers have been proud of the fact that the state was one of the first to enact laws against motorists’ use of cell phones and texting devices while driving. However, it is disappointing to see that laws enacted against the use of cell phones while driving have not reduced fatalities in accidents caused by cell phone use.
A federal judge has decided that a lawsuit against five agents of U.S. Immigration and Customs Enforcement who were involved in the deportation of a U.S. citizen to Mexico should be allowed to proceed. New Jersey immigration lawyers are pleased that the case will be heard.
Thousands of people in New Jersey travel by bus every year. Not many passengers are aware that the vehicle in which they are traveling may have been inadequately inspected due to the federal administration's failure to regulate independent inspection companies.
Ever since he shot into national prominence after he appeared with his 18-year-old girlfriend on a television show, James Hooker has been the subject of sex crime investigations. Now the 41-year-old former California high school teacher has been arrested for the sexual abuse of a 17-year-old girl in 1997.
A 43-year-old man is getting his first taste of freedom in close to 10 years after his daughter recanted her rape allegations against him. The man, Thomas Kennedy, spent close to 10 years in prison after a jury found him guilty of raping his daughter Cassandra Kennedy.
New Jersey custodial parents who smoke could find that this unhealthy practice may affect the results of their child custody hearings. In fact, New Jersey family lawyers are seeing a rising number of child custody lawsuits around the country linked to smoking.
Despite extensive renovations, a courtroom in Warren County, New Jersey, remains inadequately equipped to handle trials. For months, New Jersey criminal defense lawyers and the Warren County Bar Association have been drawing attention to the poor design of the courtroom.
According to the National Institute on Alcohol Abuse and Alcoholism, approximately 80% of all college students drink and at least half of them drink excessively. This excessive consumption of alcohol, known as binge drinking, is often linked to a higher incidence of crime, including rapes and violent assaults.
A new U.S. Supreme Court decision does much to address New Jersey criminal defense lawyers’ concerns about the increasing use of technology in surveillance. The court has ruled that police officers’ installation and use of a GPS device to track a suspect's car constituted a violation of the suspect’s constitutional rights.
An increasing number of people in the United States choose to live together without getting married. New Jersey family lawyers have observed a corresponding increase in the number of unmarried couples entering into prenuptial agreements.
The United States Supreme Court has ruled that jail officials in county jails can perform strip searches even when a person has been arrested for a minor offense. The divided 5-4 decision ruled against a New Jersey man who had been subjected to humiliating strip searches at two New Jersey county jails.
New Jersey parents can take comfort from the findings of a new study which indicates that teenagers are heavily influenced by their parents in their alcohol imbibing practices. This influence means that parents in New Jersey can take action to ensure that their teenager is not arrested for DUI.
In an important ruling for New Jersey criminal defense lawyers, the Appellate Division of the New Jersey Superior Court has held that a man cannot be prosecuted for two separate crimes committed in two different states if the charges relate to the same conduct.
You may be surprised to learn that law enforcement agencies in New Jersey and around the country frequently track people’s cell phones without warrants. This cell phone tracking is an ongoing attack on individual privacy and civil liberties, and New Jersey criminal defense attorneys believe that many citizens are not aware of this practice.
Authorities in New Jersey have now imposed a blanket ban on synthetic marijuana products in the state, making it a crime to possess, manufacture or sell these drugs.
New Jersey Criminal Defense Lawyers Support Treatment for Persons Convicted of Nonviolent Drug Crimes
As many New Jersey criminal defense lawyers will tell you, individuals accused of nonviolent drug crimes would benefit more from treatment for their addiction than prison time. Gov. Chris Christie seems to agree. The governor this month announced proposals under which most persons convicted of nonviolent drug crimes in New Jersey would complete a treatment program and avoid a jail sentence.
Calls for laws that require the installation of ignition interlock devices in all vehicles of DUI offenders have grown louder in New Jersey after the Insurance Institute for Highway Safety reported a lower incidence of drunk driving after states enacted ignition interlock laws.
Please join us in welcoming John Dell’Aquilo, Esquire to the firm. John’s knowledge of DUI/DWI law is widely recognized across the State of NJ.
A new study focusing on death row cases in Connecticut confirms to New Jersey criminal defense lawyers that the death penalty, in states that continue to implement it, may be arbitrary and have little relationship to the actual case.
New Jersey divorce lawyers have seen a rise in Facebook use in divorce cases, child custody disputes and other family law matters. However, in a first-of-its-kind ruling, a man has been ordered to apologize on the social networking site for comments about his ex-wife.
A Minnesota man has been arrested on suspicion of driving under the influence while operating a - wait for this - Zamboni ice-resurfacing machine.
A new federal transportation bill that was introduced recently proposes to offer incentives to states that require mandatory installation of ignition interlock devices in the vehicles of all DUI offenders. The incentive comes in the form of federal transportation funding, which will be withheld from those states that fail to implement mandatory ignition interlock device laws.
New Jersey Education Department Bars Volunteers, School Board Members Due to Criminal Convictions, Background Checks
Persons in New Jersey who have been convicted of crimes may find the penalties for those crimes continue long after they have served out their sentence. The New Jersey State Department of Education recently disqualified at least 17 people from volunteer positions because of previous criminal convictions. Additionally, at least a dozen school board members and trustees have also been declared ineligible to serve because they did not comply with state criminal background checks.
Any New Jersey DUI lawyer will tell you that, in spite of laws banning the possession of alcohol by anyone below the age of 21, underage drinking is widespread. Underage drinking in the country reaches its highest levels around important drinking holidays such as Thanksgiving and New Year's Eve. Also on that list is Spring Break vacation, which also sees large number of teens arrested for driving under the influence.
Police departments across New Jersey will be on high alert over the St. Patrick's Day holiday. Alcohol-related festivities are popular during St. Patrick’s Day and this holiday is also a busy time for New Jersey DUI lawyers.
A divorced mother, who attempted to change her children's surnames has had her request denied. A judge had initially granted the woman's request based on the fact that she was the primary residential parent, but an appellate court has overturned that ruling.
A new study investigates the role of drug crimes, drive-by shootings and other crimes in the incidence of gang violence across the country. New Jersey criminal defense attorneys should be especially interested in the study because it revealed that Newark, New Jersey, has some of the highest rates of gang violence in the country.
A divided Supreme Court in New Jersey ruled that a criminal suspect who asked police officers to let him speak to his mother did not assert his right to silence. The court has, therefore, reversed a motion to suppress his statement – a ruling of significance to New Jersey criminal defense lawyers who have been following the case.
The New Jersey Supreme Court is hearing arguments in a case that appears to test the limits of telephone testimony. The case involves a man who was deported to Mexico after he was convicted of having a sexual relationship with a 14-year-old girl.
The Secret New Jersey Family Lawyers Know: Cohabitation Agreements Can Be More Important Than Prenuptial Agreements
More couples are choosing to live together under the same roof outside of marriage. According to the U.S. Census Bureau, as of 2010, more than 45 percent of American households were run by unmarried couples. New Jersey family lawyers strongly recommend a cohabitation agreement for people who wish to live together outside of marriage.
College students around the country are now drinking a higher number of alcoholic beverages in a single session of binge drinking, according to a study of interest to New Jersey DUI lawyers.
A bill that would make it easier for people to marry and to file for divorce has been passed by lawmakers and currently awaits the governor's signature. The passage of the bill is expected to increase the number of people visiting the state for quick marriages and divorces.
According to a new study published in the journal Public Library of Science Medicine, persons who have suffered a traumatic brain injury are much more likely to commit violent crimes, such as homicide, than those without such a brain injury.
Federal agencies recently released data that shows that 1 out of every 4 women is a victim of domestic violence by an intimate partner. Those numbers are much higher than those seen in earlier reports and are of great concern to New Jersey domestic violence lawyers.
Approximately one-third of all Americans are arrested for a crime before they reach the age of 23. This fact confirms a truth known to any New Jersey criminal defense attorney: the problem of the over-criminalization of American society is completely out of hand.
New Jersey divorce lawyers believe it's never too late to get out of a bad marriage- and a new divorce case is clear evidence of this truth. A 99-year-old Italian man has filed for divorce from his 96-year-old wife, making the pair probably the world's oldest divorcees.
A New Jersey educator is facing criminal charges after he was accused of secretly videotaping students in a shower at a school. Patrick Lott, the 54-year-old assistant principal at Bernardsville Middle School in Somerville, New Jersey, was arrested last month after these accusations came to light.
Even as the overall national divorce rate has been declining over the past two decades, the divorce rate for Baby Boomers has actually been increasing. According to research by the National Center for Family and Marriage Research at Bowling Green State University, the divorce rate for people 50 or older in the United States has doubled.
The Pompton Lakes Police Department is currently facing a claim of false arrest and malicious prosecution by a motorist whose car was destroyed during a drug search. More claims from the insurance company that paid out the damages could also be in the pipeline.
Evidence has now come to light suggesting that parents may have a much stronger influence on their teenagers’ drinking habits than they were aware of. A new study has found that children of parents who drive under the influence are more likely to drive drunk themselves.
A federal campaign to make more people aware of the existence of serious immigration scams is currently underway. Many – including officials from the federal, state and local levels, New Jersey immigration lawyers and immigration advocates -- are supporting the new initiative to educate people about the existence of these scams, which are now becoming increasingly sophisticated.
New Jersey Gov. Chris Christie has proposed a new rehabilitation program aimed at giving offenders the support they need to avoid criminal activity when released from prison. The governor's program builds upon the state's current prisoner reentry rehabilitation program and would include New Jersey's current Drug Court program, among other measures.
It wasn't the kind of ending to a glorious career that Randy Babbitt expected or even, dare we say it, deserved. Since 2005, he has served as chief of the Federal Aviation Administration (FAA), and, in those years, he has steered the agency through some tumultuous times. However, last week, Babbitt's impressive career ended on a note of ignominy when he was arrested on DUI charges in Fairfax, Virginia and subsequently resigned as a result of the charges.
New Jersey DUI lawyers have been noticing an alarming trend for a while now: the number of women arrested for DUI has been increasing across the country. Now, a new study indicates that the number of women arrested for DUI has risen by as much as 36 percent over the past decade. Binge drinking among young women is also on the rise.
The year's most intensive anti-drunk driving campaign is already underway in New Jersey. Over the next few days, additional police officers will be stationed across New Jersey, pulling motorists over and administering sobriety tests.
Chicago Bears wide receiver Sam Hurd was recently arrested on federal drug crime charges. Hurd was arrested after he was caught making a deal with undercover federal agents, authorities said. The deal was set up at a restaurant in Chicago and involved supplies of 10 kg of cocaine and 1,000 pounds of marijuana a week for distribution.
Governor Chris Christie has signed a bill that makes it more difficult for people who have violated restraining orders related to domestic violence to post bail.
The Los Angeles Police Department is investigating a Hollywood casting assistant who was convicted of a sex crime 15 years ago. The man, Jason James Murphy, has been working in Hollywood for the past several years as a casting assistant who hires child actors.
The Department of Homeland Security will soon begin reviewing pending deportation cases in order to prioritize the deportation of individuals with criminal records or convictions. The agency is also implementing a training program for both immigration enforcement agents, as well as for prosecuting lawyers.
Just a few short years ago, it would have been difficult to imagine that Facebook would be a hot topic New Jersey divorce attorneys would be blogging about. Courts have to keep up with technology, though, and now a divorce court in Connecticut has ordered a couple to swap their Facebook logins and passwords so their lawyers can access information posted on the sites.
New Jersey family lawyers encounter accusations of all kinds during child custody conflicts. One issue that is increasingly arising is childhood obesity. Parents making claims that the custodial parent is allowing the child to become obese by neglecting his or her nutrition needs. In fact, The Wall Street Journal reports that this trend is on the rise throughout the country.
A New Jersey appeals court has denied child custody to a couple who gave their children names inspired by the Nazi regime.
A jury in California has found Michael Jackson's personal physician, guilty of involuntary manslaughter arising from the death of the pop star in 2009. The doctor, Conrad Murray, is due to be sentenced later this month.
Police in Los Angeles are considering bringing charges against a woman who filed a paternity suit against Canadian pop star Justin Bieber.
For a long time, a primary goal for many New Jersey divorce lawyers was to try to help their client keep the marital home. Retaining the house was considered important because houses were good investments and likely to have increased in value over the years. Today, however, it's a different story. The marital home is quickly becoming less of a prize and more of a burden in a divorce settlement.
The U.S. Supreme Court recently heard arguments related to the case of a New Jersey man subjected to a strip search in two jails after being arrested.
Attorneys representing a woman accused of setting up a fake Facebook profile in the name of her former boyfriend are currently trying to get her case dismissed.
A New Jersey appeals court has ruled that a police officer who sniffed the breath of an underage drinker should have informed the young man of his Miranda rights before doing so.
Across the country, hundreds of police departments are arming officers with tiny body-mounted police cameras to record evidence as it occurs. These cameras are being used to record evidence of everything from pursuits to violent crimes. However, questions of privacy and complications involving First Amendment issues have arisen as camera use has been on the rise.
Every New Jersey DUI Lawyer knows that peer pressure is one of the biggest contributing factors in underage or teen drinking, so it comes as no surprise that a new study confirms the link. However, according to this study, the pressure comes not from the teenager's friends or romantic partners, but from friends of their boyfriends or girlfriend.
According to a recent US Census report, Northeastern states- and especially New Jersey- have some of the lowest divorce rates in the country. In the Northeast, the divorce rate is about 7.2 divorces per 1000 men and 7.5 divorces per 1000 women. In New Jersey, the divorce rate is 6.1 divorces per 1000 men, and 6 per 1000 women. By contrast, the highest divorce rates in the United States are found in the Bible Belt. In this southern area of the United States, the rates reach 10.2 divorces for every 1000 men, and 11.1 divorces for every 1000-women.
In one of the most high-profile and talked about child support cases that New Jersey family lawyers have come across in the past year, Hollywood star Mel Gibson has reached a child support settlement with the mother of his child.
Teenagers convicted of driving after drinking any amount of alcohol in New Jersey can face a 30-to-90-day suspension of their license. This is in addition to any loss of license for a DWI conviction, which can last anywhere from seven months to one year, as well as other penalties, including mandatory alcohol education, a delayed license and 30 days of community service.
The children of a New Jersey woman killed in August in an attack allegedly involving her husband and his mistress are now the subject of a child custody dispute.
A former aide to New Jersey Representative Frank LoBiondo has been sentenced to prison on charges of embezzlement.
Marijuana-related crimes accounted for more than half of all drug-related arrests in the United States in 2010. That information comes from new statistics released by the Federal Bureau of Investigation.
In the year 2011, people are much more likely to get divorced because they fall out of love with each other, rather than because of infidelity on the part of one of the partners. According to a recent survey, more people filing for divorce do so because they've growing apart or fallen out of love.
New Jersey immigration lawyers have always been aware of illegal entities scamming immigrants under the guise of providing immigration-related services. The New Jersey Atty. Gen.'s Office and the New Jersey division of Consumer Affairs have filed complaints against at least four allegedly fraudulent immigration services providers in the state.
The New Jersey Supreme Court has issued a new ruling that it believes will make eyewitness identification more accurate and reliable. Last week, the court ruled that when a defendant presents evidence that an identification was influenced, a judge must conduct a preliminary hearing to determine the admissibility of the evidence.
New Jersey immigration lawyers have criticized a federal program called Secure Communities that requires local law enforcement officers to share information of arrests with federal immigration agencies. Now, several states are pushing back against what they see as violations of individual liberties.
Under a new law that has just been signed by Gov. Christie, persons who have been arrested for certain violent crimes in New Jersey will be required to submit DNA samples. The law expands the DNA sample requirements to those who are suspected of violent crimes, and not just those who are convicted of violent crimes.
It’s not every day that police officers come across a person driving a motorized beer cart under the influence of alcohol. It is even rarer have such people charged for DUI. That was exactly what happened in Australia in June, when a man was arrested after he was found operating a motorized beer cooler under the influence of alcohol.
Under New Jersey's current laws, persons who have been charged with felony and minor drug offenses can have the charges dropped through pretrial intervention. However, a new bill would allow people charged in municipal courts also to have the same benefits.
New Jersey’s laws cover several types of credit card-related offenses, including credit card theft and credit card fraud.
Energy drinks that combine alcohol and caffeine have proved to be very popular among underage drinkers. However, consumption of these beverages has been linked to extreme levels of intoxication and serious injuries to college students and teenagers, who form the biggest market for these drinks.
The New Jersey Supreme Court has ruled that a mother who left her 4-year-old son at home while she went out to dinner does not need to be included in a child abuse registry.
An appellate court panel has held that two 14-year-old boys, who admitted to a prank in 2008 in which they sat bare-bottomed on the faces of two other boys, have to register as sex offenders.
Manufacturers are working hard to ensure the passage of legislation that would translate into big profits for them – a federal bill that would withhold highway safety funding for states that fail to mandate ignition interlock devices in vehicles of DUI offenders.
The Equal Employment Opportunity Commission is considering whether to ban criminal background checks for restaurant employees because of concerns that these screenings are discriminatory. The Equal Employment Opportunity Commission has already conducted hearings on the matter.
A Pennsylvania man who began blogging about his ex-wife after a nasty divorce is claiming that a judge violated his rights to free speech by ordering him to shut down the blog.
New Jersey Plans to Introduce Caylee’s Law to Allow Prosecution of Parents Who Fail to Report Missing Child
New Jersey is one of several states with proposed bills that would allow criminal charges to be filed against parents who fail to report that a child is missing.
A New Jersey appellate court has ruled that a woman who used a GPS tracking device to keep track of her husband's whereabouts before a divorce did not invade the husband's privacy.
It’s the second important legal decision related to the use of technology that New Jersey criminal defense attorneys have come across in just a week: A New Jersey appeals court has ruled that police can use a cell phone signal to trace a suspect, and that such actions do not constitute a violation of the individual’s rights to privacy.
A bill that would place severe restrictions on the hiring of undocumented workers in New Jersey is quickly gaining support. The bill would require New Jersey employers to accurately verify that any people they hire are legal residents before these people are employed.
It is a decision that New Jersey immigration lawyers believe will have an impact on cases involving same-sex married couples in the future: Immigration officials last week called off deportation proceedings against a Venezuelan man who has been legally married to a New Jersey man.
A DUI conviction in New Jersey can also mean severe restrictions on travel to Canada. That country’s current cross-border travel rules place limitations on the entry of Americans with criminal convictions, including convictions for shoplifting, drug crimes and DUI on their record.
A New Jersey resident, who had been depending on an earlier Supreme Court decision that held that unrepresented counsel in an earlier DUI conviction could not be used to enhance the sentence for a subsequent offense, has had his appeal rejected.
Marijuana Reform in Limbo as Governor Waits for DOJ Assurance that State Workers Will Not Be Criminally Charged
New Jersey Gov. Chris Christie wants to wait for the Department of Justice to confirm that state workers will not be criminally charged with violating federal drug laws before marijuana reform laws are implemented. The Department of Justice released a memo on June 30, which said that licensed medical marijuana growers would likely be prosecuted for violating federal drug laws in those states that have medical marijuana laws.
The Supreme Court has ruled that a written lab report cannot be submitted as evidence when the technician who prepared and signed the report is not present in the courtroom to testify.
Thousands of Drug Offenders May Be Released after Vote to Allow Reduced Penalties for Crack Offenders Retroactively
The U.S. Sentencing Commission recently voted to allow reduced penalties for crack and cocaine offenders to be applied retroactively. What that means for New Jersey criminal defense attorneys and people who are already in federal prisons for crack cocaine offenses is that thousands of these persons could be released.
Often, New Jersey family lawyers come across cases involving parents in custody disputes from other states, and these often provide examples for the kind of behavior we would advise our clients to avoid. A woman who posed as a 17-year-old girl on Facebook to entrap her husband and prove him an unfit parent would fall in that category.
The U.S. Supreme Court has delivered a ruling that has strong implications for juvenile criminal defense. The Court has ruled that police officers must take a child's age into consideration when deciding when to issue Miranda warnings.
From Mel Gibson's racial rants targeted at a police officer during a DUI arrest, to Lindsay Lohan’s bizarre car chase while wearing an alcohol monitoring device, Hollywood isn't short of bad examples of how to behave during a DUI arrest.
The sexting scandal involving ex-congressman Anthony Weiner has brought up several legal questions involving sex crimes. Those questions grew louder after law enforcement officers in Delaware recently confirmed that they had been interviewing a teenage girl who had online communications with the congressman.
The New Jersey Supreme Court has ruled that blowing too weakly into a Breathalyzer can be grounds for a person to be convicted for refusal.
There is no confirmation yet that Maria Shriver has begun formal divorce proceedings against her husband, but there is already speculation about whether Shriver and her estranged husband, Arnold Schwarzenegger, signed a prenuptial agreement before their 1986 marriage. The two had been married for 25 years and recently announced a separation just before Schwarzenegger admitted that he had fathered a child with his housekeeper.
Criminal defense lawyers for ex-IMF chief Dominique Strauss-Kahn, who stands accused of sexual assault of a hotel housekeeper, will soon make a request for discovery materials from prosecutors in the case. Strauss-Kahn currently faces seven charges, including those related to sexual abuse and criminal sexual acts. He has been charged with the sexual assault of a housekeeper at the Sofitel Hotel in New York.
A new bill seeks to prevent persons with a criminal conviction in New Jersey from serving on school boards. The bill would also approve of criminal background checks on board members. The bill is being sponsored by Assemblymen Herb Conaway and Jack Connors and Assembly Speaker Pro Tempore Jerry Green. Bill A-444 was recently approved unanimously by the Assembly and the Senate.
A piece of legislation progressing through California's legislature has one feature that criminal defense attorneys in New Jersey and around the country would find disconcerting. The bill would allow warrantless searches of replicator plants that are believed to produce pirated music discs.
The New Jersey Supreme Court has ruled that drivers in New Jersey who have been involved in DUI accidents can sue the drinking establishment where they were served alcohol. In a split 5-2 ruling, the Supreme Court held that a man who sued the bar where he had drunk alcohol prior to being involved in an accident could file a lawsuit against the bar.
Last week, President Obama delivered a speech in Texas addressing immigration reform, or the lack of it. For New Jersey immigration lawyers and immigration groups who were hoping for the announcement of some concrete measures toward reform, the speech was a disappointment.
Last month, the New Jersey Attorney General announced a ban on the manufacture and sale of bath salts. These synthetic drugs have been linked to reports of health reactions across the country.
Three houses in New York were raided over the past few months after law enforcement officers traced thousands of pages of downloaded child porn to their homes. After the raids, the law enforcement officers found that it was not the homeowner who had downloaded the porn, but persons who had gained unauthorized access to the homeowners’ unsecured Wi-Fi networks. New Jersey criminal defense attorney believes this should be a warning to New Jersey residents about the importance of securing their Wi-Fi networks.
The New Jersey Supreme Court has held that evidence obtained as the result of bad information relayed by a police dispatcher will be suppressed. In a 5-2 ruling, the New Jersey Supreme Court called police dispatchers an “integral link in the law enforcement chain“ who must also be held accountable for any wrong information supplied by the dispatcher to the officer in the field.
In Van Brunt vs. Van Brunt, a court has held that requiring college students to provide proof of college attendance, credits and grades as a condition for child support and college contribution does not violate an individual's right to privacy.
In an important decision, the New Jersey Supreme Court last week prohibited law enforcement officers from destroying the notes they take down at crime scenes, saying that New Jersey criminal defense attorneys should be able to review police notes.
New Jersey has strict laws against domestic violence, which makes it all the more important that you consult with a New Jersey criminal defense attorney when you have been charged with domestic violence.
Child support payments in New Jersey must be calculated in accordance with the New Jersey Child Support Guidelines. Some of the factors considered in calculating child support are (unless otherwise agreed to by the parties):
New Jersey laws categorize criminal offenses as indictable crimes and disorderly persons offenses. In other states, indictable crimes are known as felonies, while disorderly persons offenses are known as misdemeanors. Indictable crimes can include murder, assault and sex crimes, while disorderly persons charges are typically filed in the case of low-level criminal offenses.
Prom is rite of passage for New Jersey teens, and unfortunately for some of them, it also ends with DUI charges, and maybe even a DUI conviction. Across New Jersey, as high schoolers prepare for prom night, it is very important for these students to understand that a DUI conviction can have potentially serious results.
Field sobriety tests in New Jersey are conducted so that officers can determine whether there is probable cause to arrest the person for DUI. In New Jersey, there are standardized tests that are used as part of field sobriety testing.
The Supreme Court is hearing arguments about whether persons faced with prison time for failing to pay child support payments have the right to a court-appointed lawyer.
The case involves a man from South Carolina, who was held in contempt several times for failing to make child support payments. He defaulted on thousands of dollars in child support payments, but with no money and no job, he could not afford to make the payments. Because his financial condition did not permit him to make the payments, he served time in prison.
Royal watchers have been treated to most details of the wedding coming up this week, except for the one that's most interesting to New Jersey family lawyers: Is there a prenuptial agreement involved?
How does law enforcement determine that a juvenile offender is aware of his rights under the law? That is the question being posed before the Supreme Court, as it hears arguments about the constitutional rights of juvenile offenders.
New Jersey recently passed a law under which teenagers convicted of sexting would have to participate in education programs that make them aware about the dangers of such practices. However, even as the state upgrades its laws to deal with sexting teenagers, New Jersey criminal defense lawyers are finding a rising wave of crimes involving blackmail using explicit photographs transmitted via cell phones and other devices.
A study by the U.S. Department of Justice proves what New Jersey criminal defense attorneys have always believed: Long-term incarceration for juvenile offenders does nothing to reduce recidivism rates. Instead of incarceration, community-based supervision and other methods can be used to reduce the risk that offenders will be processed through the criminal justice system again.
A recent decision in a personal injury action in Pennsylvania indicates to New Jersey criminal defense attorneys that access to Facebook and other social networking site accounts may not be as restricted as users like to think they are.
Video-recorded testimony is being used increasingly in New Jersey courtrooms, and this has meant the need for rules to regulate their use. The New Jersey Supreme Court recently laid out the first set of guidelines for video recorded testimony
There have been plenty of studies linking a divorce in adulthood to a troubled or abused childhood. However, a curious new study finds that happy teenagers have a higher risk of being divorced as adults.
A new study suggests that ignition interlock devices, which aim to prevent drivers from starting their cars if their intoxication levels are over the legal limit, reduce drunk driving.
A man convicted of murdering his pregnant girlfriend has the right to a new trial, an appeals court has ruled, because the trial judge failed to give complete jury instructions related to the man’s insanity defense.
This should come as no surprise to any New Jersey criminal defense lawyer: A new report indicates that New Jersey’s tough DUI penalties, including arrests and license suspensions, have had little effect on the number of people arrested for DUI in the state.
The New Jersey Supreme Court has just ruled that a stepmother, who slaps her teenage daughter and takes part of her wages to pay household bills, has not necessarily engaged in child abuse.
It is a case that New Jersey criminal defense lawyers have watched closely because it attempts to answer an important question: Once a criminal record is expunged, how far should the law go to promote keeping the record “hidden,” given individuals’ right to free speech.
As New Jersey criminal defense lawyers, we’ve noticed an overwhelming majority of teenagers don't understand that when they send or view sexually explicit images of themselves or others on their mobile devices, they could be charged under New Jersey’s child pornography laws.
In the future, New Jersey criminal defense lawyers could look forward to automobiles that automatically detect the driver's blood alcohol level through breath and touch sensors, preventing people from driving if their levels are at or above the .08 limit.
Being arrested can be a terrifying experience, and it’s no wonder that people panic in a situation like this. However, the minutes and hours after an arrest can be crucial to your defense. These are some mistakes people make that can jeopardize their case and diminish their chances of a successful defense:
No matter what sort of crimes you have been charged with, criminal charges are a serious matter. Even a minor disorderly persons charge (also known as a misdemeanor), like failure to pay speeding tickets, can result in license suspensions, fines and community service. A seemingly minor criminal conviction on your record can last a lifetime, interfering with your employment prospects and minimizing educational opportunities.
When you have been placed under arrest, one of the first things you should do is consult with an NJ Criminal Defense Attorney. However, you can also take other steps to ensure that your rights are protected.
The term “white-collar crime” includes a number of non-violent crimes that are typically motivated by financial gain or profit. These are corporate crimes and, very often, involve all kinds of fraud. Some examples of white-collar crimes include:
An experienced New Jersey criminal defense attorney can help persons charged with a variety of crimes, ranging from municipal matters and disorderly persons offenses (also known as misdemeanors) to crimes (also know as felonies) and federal crimes.
New Jersey Criminal Lawyer
You need a New Jersey criminal lawyer not just when you are under arrest, but also when you are under investigation, being questioned or being put through any kind of criminal process.
A New Jersey appeals court has ruled that leaving child pornography images on a file-sharing network constitutes distribution of pornography, even if the person did not actively distribute the images on the Internet.
A study conducted in the UK shows a substantial link between brain injury and criminal activity among juvenile offenders.
New Jersey drivers can expect frequent sobriety checkpoints and saturation patrols, and more numbers of law enforcement officers patrolling the roads this holiday season.
A New Jersey appellate court has ruled that having to plead guilty to two offenses based on the same evidence does constitute a violation of a defendant’s double jeopardy protections.
A New Jersey appeals court has upheld a ruling that dismissed a lawsuit filed by a Warren Township man, who alleged that police unlawfully broke and entered into his house and conducted a search.
A New Jersey judge is the subject of an ethics complaint filed by the New Jersey Advisory Committee on Judicial Conduct. The complaint relates to an incident in which the judge engaged in a non-permissible conversation with a prosecutor during a DUI trial.
Two proposed bills that are expected to come up early next year for approval could significantly change the process by which sex offenders are released back into the community. Both of these Megan’s Law-related bills have to do with a process called tiering, or determining the offender’s risk of re-offense.
Crimes involving child pornography often come with almost draconian sentences. Now, more and more federal judges are pushing back against such harsh child porn sentencing guidelines, rejecting these sentences outright.
Expungement of criminal convictions can allow some convicts to have their records removed or expunged, in certain situations. Not all persons with a criminal conviction will be eligible for expungement. However, in the case of minor crimes, like drug possession, a New Jersey criminal defense lawyer may be able to have your record expunged.
Sexual assault convictions involving minors in New Jersey can have a devastating impact on a person’s professional and personal life. A person who is convicted of sexual assault against minors can expect prison time, probation and mandatory registration as a sex offender. He can also expect to deal with overwhelming social stigma during the rest of his life. A conviction can have an impact on his personal life, his housing options and future employment prospects.
A package of bills that includes a measure that would impose tougher bail conditions in restraining order-violation cases has advanced in the New Jersey Assembly.
There might have been nothing to attract particular attention to the case of a New Jersey man sentenced on charges of viewing child pornography. However, in this particular case, the accused was a former New Jersey lawmaker who has spent much of his political career championing laws against child pornography. Former Assemblyman Neil Cohen has been sentenced to five years in prison on charges of viewing nude images of underage girls.
The Jersey City Police and Fire Departments are both engaged in a heated debate over the former having taken over arson investigation duties in the city. The Jersey City Police Department has now taken over most of the responsibility of investigating fires, and the fire chief has already spoken out against it. In January, Mayor Jeremiah Healy tried to fix a budget deficit by slashing the number of Fire Department arson investigators dramatically. Earlier, there were 13 investigators in the Fire Department. Those numbers were slashed to 3.
There are hundreds of child custody hearings that take place in New Jersey every day, but one hearing that took place 25 years ago has now captured nationwide attention. That particular hearing involved Nancy Dunsavage, who left the courthouse after the child custody hearing with her 6-year-old daughter.
For single-parent families in New Jersey, child support payments can mean the difference between being able to make ends meet and being forced to apply for public assistance. It's not just the families in this case who suffer, but also the state’s already stressed financial resources. New legislation being promoted by New Jersey Senator Robert Menendez and Iowa Republican Senator Chuck Grassley could help track down parents who are absconding on child support payments and have moved across state lines.
Sixteen years after the passing of Megan’s Law, which required convicted sex offenders to register their whereabouts with the police, the first batch of offenders who are eligible to have their name off the registry are being freed from monitoring.
In spite of their service to the country, noncitizen servicemen and women face the prospect of being deported back to their country of origin under a law that expands the list of crimes for which immigrants can be deported. Last week, the Associated Press reported on several noncitizens who have served in the U.S. Armed Forces, yet have found that their service was not worthy of consideration when it came time to enforcing deportation laws.
A provision in New Jersey's drug court laws allows violators to be incarcerated for a short period of time, instead of having their special probation permanently revoked. However, this provision is not being used as often as it could. Now, New Jersey Senator Raymond J. Lesniak is calling on drug court judges to exercise this little used option to give these offenders a chance to rehabilitate themselves.
DWI or Driving While Intoxicated is a serious offense in New Jersey. There is a range of fines and suspensions that will apply, and you may even receive a permanent record of conviction. In some cases, there may be mandatory jail time, while in other cases, a court may require that an ignition interlock device be installed in your vehicle. From license suspensions and community service to jail time, New Jersey courts have a number of ways to punish DWI offenders. As is clear from this, a DWI charge in New Jersey can carry major consequences.
New Jersey's junior senator Robert Menendez has introduced an immigration reform bill that is aimed at giving thousands of undocumented workers in the United States a clear-cut path to permanent residency.
For the third time in a row, fugitives in New Jersey will have the opportunity to surrender themselves, with a chance to possibly clear their warrants and start afresh. The safe surrender program will be held next month in the Somerset section of Franklin Township. Between November 3 and November 6, people in New Jersey with outstanding warrants, for everything from motor vehicle fines to delayed child custody payments, will be able to surrender at the First Baptist Church of Lincoln Gardens.
Prosecutors are considering adding hate crime charges to charges of invasion of privacy that have already been filed against Dharun Ravi and Molly Wei, the two Rutger University students linked to a gay teenager’s suicide last month.
Last week, a congressional hearing probed a subject that New Jersey criminal defense lawyers are concerned about - the over criminalization of our country. The hearing was sponsored by the Judiciary Subcommittee on Crime, Terrorism and Homeland Security, and participants included Jim Levine, the president of the National Association of Criminal Defense Lawyers, representatives of the Heritage Foundation, and the former head of the Enron Task Force, among others. The most poignant testimony came from persons who have had their lives shattered by a criminal justice system that often seems to ruin innocent lives.
A New Jersey court has overturned a decision made by a federal judge in Camden ruling that strip searches of defendants accused of misdemeanors, without reasonable suspicion, were unconstitutional.
While there is much brouhaha over anti-immigration crackdowns, you rarely find space dedicated to assault against immigration detainees while they are in detention facilities. Human Rights Watch has just released a report that describes incidents of sexual abuse involving detainees in US detention facilities.
Divorce attorneys representing Michael Douglas and his ex-wife Diandra are feuding over whether Diandra has the right to earnings from Douglas's upcoming Wall Street sequel. The movie in question is a sequel to the hit 1980s flick starring Douglas. In 2000, Douglass divorced Diandra, and as part of the divorce settlement, agreed to pay her 50% of his earnings from the original movie, which was released in 1987.
Earlier this month, a New York judge ruled that a custodial parent relocating outside the state with her child, provide the noncustodial parent a chance to keep in contact with the child through Skype. The woman in this case was relocating to Florida with her child because of a home foreclosure. The judge permitted the move, under the condition that the woman provide the father access to the child via Skype, several times a week.
US immigration authorities have stepped up enforcement activities in New Jersey. 13 employers were fined a total of nearly $640,000 last month for employing undocumented workers. That's a dramatic increase from the fines levied in 2009. Last year, four employers in New Jersey were fined approximately $44,000 for hiring undocumented employees.
As New Jersey immigration lawyers, we strongly resist and oppose any proposed change in the 14th amendment of the U.S. Constitution. The 14th amendment automatically grants citizenship to any child born inside the United States.
A New Jersey state appeals court has overturned a restraining order, ruling that a one-time threat to publish the nude pictures of a person on the Internet, did not constitute harassment under New Jersey’s domestic violence laws.
A new bill that would require testing for DWI, including a breathalyzer test or a blood-alcohol test, after every fatal or deadly accident, has New Jersey DWI defense lawyers very concerned.
Most New Jersey residents assume a DUI offense involves driving under the influence of alcohol. It’s very likely that most New Jerseyans aren't aware that they could be charged with a DUI offense if found driving under the influence of perfectly legal prescription medication.
In 2009, 389,834 illegal immigrants were deported from the United States. That was an increase of 20,000 deportations since 2008. The Obama administration has accelerated the process of deportation, and there have been more numbers of deportations under this administration than under the Bush White House. However, there is one group of illegal immigrants that has been relatively unaffected by this spike in deportations. Children of illegal immigrants, who have spent most of their lives here, and studied in the United States, seem to be more successful at petitioning deportations.
A New Jersey Supreme Court ruling this week could significantly affect not just law enforcement officers in the state, but also all public employees. The court this week ruled that a police officer who had been convicted of a sex crime - in this case, groping a woman- could return to police work.
As New Jersey criminal defense lawyers, we have always believed that reducing prison populations is not about dumping out extra inmates like so much garbage ,as so many states are doing at present. Instead, a combination of efforts aimed at reducing recidivism and offering prisoners viable alternatives to jail, can help reduce crime rates and at the same time, keep prison populations down.
With 6,002 winners, the African nation of Ghana once again had the highest number of winners in the Diversity Visa lottery issued by the US State Department for 2010. In second place was Nigeria, with 6000 winners.
For the second year in a row, there has been a poor response to the US H1B visa program. In the category of individuals with advanced degrees, US Citizenship and Immigration Services only received approximately 10,600 applications compared to a congressional cap of 20,000 for this category. In the regular Visa category, there were 24,800 applicants as against the cap of 65,000. Those figures are true as of 30 July 2010.
Edison, NJ has been at the center of an international immigration storm this past week. The Indian immigrant community here - and in fact, immigrants across the country - has been outraged at a supposed satire piece in Time magazine, poking fun at Edison's huge Indian immigrant population.
It’s been hard for Arizonians to explain some of the stuff that's been happening in their state since April, when Gov. Jan Brewer decided to pass legislation that would brand all illegal immigrants as state criminals. A few days later however, the Governor delivered another shocker, alleging that all illegal immigrants were drug mules.
If you are a New Jersey parent in the middle of a divorce or are considering one, then the results of a new study conducted at the Montclair University of New Jersey might offer some comfort. The study finds that children of divorced families do not necessarily turn into emotional wrecks, as many have believed for several years.
When the earthquake hit the Caribbean nation of Haiti earlier this year, thousands of- Haiti nationals were in the US. These persons were then unable to return to Haiti because of the devastation of the quake. Soon after the quake, Homeland Security Sec. Janet Napolitano designated a Temporary Protected Status for Haiti nationals beginning from January 21, 2010. The status however only applies to those Haiti nationals who had been residing in the US since before the quake, and does not apply to those who entered the US after the quake.
New Jersey Court Rules Smell of Marijuana Not Sufficient to Conduct Warrantless Search Without exigent circumstances.
Forget about the detective in a trench coat snooping on your ex-wife, trying to dig up dirt about her personal life for your divorce attorney to use as ammo. These days, your New Jersey divorce lawyer is much more likely to find all the ammo he needs on the Internet, and more specifically, Facebook.
For a generation of naturalized Americans, it's hard to look back at a period in time when there was more intense scrutiny over immigration issues, than there is right now. Immigration has always been a sketchy political issue, but in a bad economy, has become a volatile one. The tendency has always been to blame immigrants for all kinds of real and imagined problems in society, and during a recession, these tendencies have simply skyrocketed. In a situation like this, it's very important that immigrants, whatever their status, be well aware of their civil rights.
More states are working to enact legislation that would prevent discrimination against ex-prisoners. Last month, Connecticut enacted its own version of the “ban the box” legislation. The law includes provisions that would prevent job applicants from having to check or uncheck a box on the application, asking if they have ever been convicted of a crime. Connecticut's new law will ban state government employers from probing an applicant’s criminal background, until he has been deemed qualified for the job.
It seems Lady Justice is quite the connoisseur of beauty, underneath that blindfold. A new study confirms what New Jersey criminal defense attorneys have known for long - juries tend to be swayed by good looks.
Thousands of Hispanics are leaving the state of Arizona in anticipation of a draconian new immigration law that will be implemented several weeks from now. The immigration law that has sparked nationwide outrage, seems to have caused panic not just among non-legal immigrants in the state, but also among legal immigrants.
There's no better time than summer for the perfect wedding, and so, no better time than now to alert New Jerseyans headed to the altar, about the need for a prenuptial agreement.
In 2007, New Jersey added “electronic communication” to its existing anti-bullying laws for schools. New Jersey's laws require school districts to establish strong anti-bullying procedures, and encourage reporting of such incidences. However, a new law that has been passed in Louisiana, goes much further than that.
It's probably not the kind of assault case that New Jersey criminal defense lawyers come across every day. A New Jersey man this week pleaded guilty to charges of vomiting on spectators at the Philadelphia Phillies game in April.
It's good to see more states in the country moving quickly to clearly define laws that govern sexting by teenagers.
The need for such laws became clear last year when an overenthusiastic District Atty. in Pennsylvania threatened a group of high school girls who had sent nude images of themselves on their cell phones to male schoolmates, with criminal action. That case received wide national and international attention, and clearly stressed the need for strong laws that would prevent minors who engage in sexting, from being branded as criminals.
Immigration lawyers in New Jersey, and throughout the United States, will welcome the redesign of the Permanent Resident Card, also known as the Green Card, into a smarter and more secure form. Early this month, the United States Citizenship and Immigration Services announced that it would redesign the Green Card to prevent counterfeiting. The new card design will minimize the possibilities of card tampering, and will be easier to authenticate. This will reduce errors, and lead to greater convenience for card holders. The USCIF has already begun issuing cards in the smart new format.
At Helmer, Paul, Conley and Kasselman, PA, we pride ourselves on the quality of legal service that we provide to our clients. We live our values – energetically, compassionately and ethically assisting our clients to exercise their legal rights. The members of the firm are consumed by a passion for excellence. They treat each other with mutual respect and accountability, an approach that translates into benefits for our clients.