In New Jersey, a Temporary Restraining Order issued under the Domestic Violence Act, can be issued at the request of the protected party when there is evidence presented to the Court to establish the existence of a ‘domestic relationship’ that did or does still exist, an allegation of one or more of the prohibited criminal acts, and a reason to believe that without the protections of the RO, that future acts of domestic violence will… read more →
“I was in a hurry that morning, and I was supposed to be there already…and I guess I was a little over the limit…but when I looked on-line I saw that I could not only get points which will make my insurance go up; but that could also lose my license. I need my license to get to work, and to take care of my family. I live in an area of N.J. where there… read more →
When you are charged with a criminal offense in New Jersey, you must appear in Court when you are told to be there, or the Judge can issue a warrant for your arrest and require you to post bail before the Court will lift the warrant or issue a new Court date. Being ‘busy’, or not wanting to miss work, or having child-care issues does not excuse you from you court date. The danger is… read more →
Client: “I didn’t mean to do something to hurt someone, and I swear I didn’t know my co-defendant had a gun…we were just out to have fun, and we thought it would be funny to grab some stuff from a store and have the owner chase us, but he had a bat, and that’s when my co-D shot him to keep him from hitting us…” Attorney: “Let’s talk about conspiracy and accomplice liability.” In its… read more →
I don’t have to worry, the cop said that if I cooperated and helped them as an informant that the cop would dismiss the charges…so why do I need a lawyer? So the law enforcement officer who arrested you, and who is sworn to uphold the law, is going to ‘dismiss’ the charges that he just filed against you on an official New Jersey criminal complaint… Yeah, OK, and the Emperor really was wearing something,… read more →
“My lawyer didn’t do what I told him to, and I got convicted because he screwed up my defense!” must be raised by filing a Post-Conviction Relief Petition, not an Appeal. If you are convicted or enter a guilty plea, you have the right to file an appeal if you believe that the Court made a mistake. If you believe that the lawyer made a mistake, that type of error must be raised by filing… read more →
“I promise! I’ll never do it again” is easy for you to say, and hard for your lawyer to convince a prosecutor that you mean it (this time) and, that your behavior is not going to be repetitive. There are some types of crimes, especially those involving sexual assault, where one of the main issues a prosecutor and a sentencing Court are concerned with, is whether your behavior is repetitive and compulsive. In essence, what… read more →
What you do when the police approach you can be used as a basis to stop you, search you, and arrest you. As a New Jersey Criminal Defense Lawyer, I am often confronted with a case where what my client did do, would have been a MV violation like speeding or a very low-level criminal offense that could easily be resolved with a fine…and because of what my client did as the police approached them… read more →
Some things are ‘forever’, but in New Jersey, a Final Restraining Order (FRO) does not have to be forever if there are significant reasons why the FRO is no longer needed. A domestic violence restraining order is issued by the Court to prevent future acts of domestic violence. The most significant issue a trial court has to resolve when issuing an Order is whether that level of protection is actually needed to prevent future acts… read more →
In New Jersey, a domestic violence related Temporary Restraining Order can restrict where you live, impact your employment, and prevent you from seeing your children. These restrictions are against you, the person against whom the Restraining Order is issued. Any contact with the ‘protected person’ or actions that violate the protections issued by the Court can result in you being charged with criminal contempt of Court. Even if the Court does not issue a Final… read more →