Legal Articles, General Practice
Basden v. Boyster
Father and mother never wed, but a child was born. Initially mother had sole custody, father had standard visitation. Events changed over the next couple of years and father retained my services. An action was brought to have custody place with father. At trial, the Court awarded custody to father. Mother objected and appealed the matter. Matter was affirmed on appeal with the Court of Appeals found (as the trial court found) that father was more stable than mother, had kept a calendar of times with the mother, had paid the child support ordered, and other factors from trial and affirmed the custody being place with father.
Jackman v. Account Specialists
State law (since statehood) required husband to be responsible for medical bills of wife. Court of appeals found the statute to be unconstitutional. As a result, the next legislative secession, the law was changed to make both spouses responsible for the medical debts or necessities of the other spouse.
USCIS to Recall Approximately 8,543 Green Cards Due to Production Error
On May 14, 2018, the United States Citizenship and Immigration Services (USCIS) announced that it will begin recalling approximately 8,543 Green Cards due to a production error. Because of the production error, the affected Green Cards were printed with incorrect “Resident Since” dates.
University Hospitals v. Annesley
Appeal concerned funds exempt or not in a Bankruptcy action. Suit had been filed against husband and wife for medical bills incurred by wife. The end result was the law set out when and how much certain funds paid by an annuity or other periodic payments would be exempt from creditors reach.
The Youth Heroin Epidemic
s parents, we want to be able to provide and protect our kids. Sometimes that task seems easier than others. Being a father myself, I know how anxiety inducing it is worrying about their welfare. Perhaps one of the common, biggest fears we all face is the drug factor. You can’t turn on the news today without hearing something related to illegal substances. And of those, none is more addictive or deadlier than heroin.
Odor of Marijuana is Insufficient for Warrantless Searches
Until recently, there was an open question as to weather the pure odor of marijuana by itself would allow an officer to conduct a search without obtaining a warrant. A recent New Jersey Court Case has now decided this question and given us the answer. No.
The Surprising Psychology Behind Shoplifting
If only 5 percent of shoplifting is related to poverty, what compels the other 95 percent? For many people, it is not because of financial need, but because of a psychological need. Stealing can be an involuntary coping mechanism to deal with personal conflicts and psychological maladies.
Can a police officer just search my car with no warrant?
Recently a new case came down in New Jersey that has changed what the police need in order to search your car. Previously, if a police officer suspected something illegal might be in your car, they would need to get a search warrant or rely on an exception to a search warrant (such as finding something in plain sight or having your consent) before they could conduct a search. This changed after the NJ Supreme Court ruled in N.J. v. Witt back in September 2015.
Erasing a past criminal record in New Jersey just became quicker!
An Expungement (erasing a past criminal record) is allowed in New Jersey under certain guidelines. Under N.J.S.A. 2C: 52-1 a mechanism has been put in place to allow someone with a criminal record or arrest to remove this information from public viewing. Once granted by a Superior Court Judge, you will be allowed to legally answer no to the dreaded question “Have you ever been arrested or convicted of any crime?”, and this past record will not come up in a background check.
Why You Should Never Refuse a Breathalyzer Test in the State of New Jersey
If the police stop you for a possible DUI/DWI and they tell you to blow into the Alcotest for blood levels, you MUST do this. New Jersey’s implied consent law requires that drivers provide a breath sample if they are pulled over for suspicion of driving while intoxicated.
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