NJ Law Blogs

New Jersey legislators and law enforcement have been working together to target a new dangerous fad called “knockout games”.  This violent game involves the action of knocking down random people in public with one blow, usually by punching or jumping them.  It is not motivated by any crimin...

What is the Early Settlement Program? The Early Settlement Program (ESP) was started in New Jersey with the intent on decreasing the long delays in New Jersey's family courts.  The ESP panelists are matrimonial attorneys chosen by the Family Law Committee to volunteer their time to help div...

How NJ Bars & Restaurants can Protect Themselves from Lawsuits New Years Eve is fast approaching and just about everyone is planning to have a good time.  Most people will take this opportunity to go out with friends or family, raise their glass at the midnight hour and toast to the new yea...

Last week, the Superior Court Appellate Division in Camden County, NJ decided an appeal concerning the ability of a judge to rely upon evidence heard in a pre-trial suppression hearing as proof that the defendant was guilty of drunk driving. In State v. Gibson, it was held that the defendant's DU...

Even with Good Behavior, Certain Convictions can Keep You Incarcerated for More than Minimum Term Most of the time, a person sentenced to time in jail or prison for a criminal conviction will be subject to parole, or early release, after having served his or her minimum term, as set by the judge ...

Wife's Withdrawal of Almost $400,000 from Marital Business Discovered This October, the Superior Court Appellate Division reversed a trial court's award of alimony based on the defendant's long-term scheme to embezzle over $345,000 from the family business during the marriage. The defendant's wif...

NJ Court Defines “Under the Influence” In State v. Bealor, 377 N.J. Super. 321, the court held that the term “under the influence” used in New Jersey DWI prosecutions means a “substantial deterioration or diminution of the mental faculties or physical capabilities of a person whether it be...

Tongue Piercing Affected DWI Breathalyzer Results A New Jersey woman was charged with drunk driving and provided a breath sample that was three times higher than the legal limit.  Kara Nelson, who registered a 0.21% blood alcohol concentration (BAC), was able to argue that the BAC reading result ...

DWI Penalties Depend on Various Factors A conviction for a first offense DWI in Ocean County and Monmouth County, New Jersey will result in substantial penalties and monetary fines, the severity of which will depend on your blood alcohol content (BAC) level at the time of your arrest, among other...

If you are taken into custody on suspicion of drunk driving in New Jersey, you will be asked to submit to a breath test at the police station. There can be several valid reasons why you may have trouble doing so. However, under NJ law, if you do not successfully provide two breath samples t...

Refusal in Wall Township Can Carry Heavy Penalties Drunk driving is taken very seriously in Wall Township, NJ. Driving is considered a privileged and not a right; therefore, when asked to partake in a breath test by a New Jersey police officer, if you do not consent to this procedure, you w...

Can the State Use Video Evidence in a DWI Case? Any evidence that is material (probative of the defendant's guilt or innocence) may be used in court unless an exception applies. Because video evidence in a DWI/DUI case tends to show whether or not a defendant was intoxicated, it will be admissibl...

Conditional Discharge can be a Second Chance at a Clean Slate Marijuana use and possession have become a frequently violated offense at the Jersey Shore in Ocean County and Monmouth County. A drug offense is something everyone wishes to avoid having on their record. Having a drug offense on your ...

You Could Be Charged With a Drug Offense While Attending a Concert in Holmdel With the summer concert series heating up in Holmdel, some fans may see themselves in a lot of trouble having been charged with drug possession or possession of drug paraphernalia in Holmdel. The drug and the amount you...

Distribution or Possession of a Prescription Legend Drug Adderall is an amphetamine and a prescription medication that is typically prescribed to treat Attention Deficit Disorder (ADD) and narcolepsy. Adderall is the functional equivalent of amphetamine salts, Vyvanse, and Ritalin. In the p...

Can I Avoid Child Support in New Jersey? Occasionally, our law firm's divorce attorneys are asking the question, “is there any way to get out of paying child support?” The answer is generally no, a parent can not give up or surrender their child's right to child support. This is because, acc...

Pretrial Intervention in New Jersey In New Jersey, a first-time criminal defendant facing certain types of charges may be sent through the pretrial intervention (PTI) program. In order for the prosecutor and PTI director to determine the best action to take, they will consider the nature of...

Did a Police Officer Gain Probable Cause to Search My Car? Unless a police officer has probable cause to believe that your car contains contraband or evidence of criminality, he cannot search your car without a warrant. This is due to the 4th Amendment to the U.S. Constitution, which protects cit...

Who Owns the Ring When the Engagement Ends? Today, divorce and multiple marriages are more common than ever before in Monmouth County, New Jersey. Even more common however is marital engagements that are “broken off” before the wedding ceremony ever occurs. Exact numbers and percentages of engage...

What if a Police Officer Smells Marijuana from My Car During a Traffic Stop? If a police officer smells marijuana coming from your car during a traffic stop, whether or not he is lawfully permitted to search your vehicle is heavily dependent on the circumstances of the individual case. The 4th Am...

NJ Alimony Considerations In determining alimony in New Jersey, the Family Court judge assigned to your case must evaluate two important issues. First, what is the fair amount of the alimony? And second, for how long should the alimony payments be made? In making this determination, the judge is ...

Splitting the 401K In the event that either you or your spouse has a 401K or other type of retirement account, you may be wondering how is a 401K in New Jersey divorce cases typically split? You should know that there is important information which confirms that such an account is subject to New ...

NJ Divorce Forms: You Get What You Pay For The Self-Help Center of the New Jersey Courts website has detailed information about court forms and filing procedures.  Information about divorce filings can be found under “Family Division”, which will direct you to the Legal Services of New Jers...

The Cost Will Depend on the Facts of Your Case Often, attorneys are asked the question, “how much will my divorce cost?” The typical response is unfortunately that, “the costs will depend on the facts of your case.” This answer can be unnerving for parties contemplating divorce as they have littl...

The Parent Education Program All individuals who file a Complaint for Divorce in Ocean County or Monmouth County are required by New Jersey State Statute 2A:34-12 to attend the parental education program. When filing a Complaint for Divorce that involves a family with children, the normal filing ...