In New Jersey stalking or N.J.S.A 2C:12-10b is considered a serious offense that can lead to a multitude of penalties. While this crime is serious in nature, there are multiple different components that are needed in order to make up a valid stalking charge. N.J.S.A 2C:12-10b states: “A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress”. In order to commit this offense you must not only act in a way that goes against the statutes “course of conduct”, but you must also do so repeatedly in a way that will cause emotional distress and cause a reasonable person…Read More
Injuries can happen anywhere. This is especially true of injuries sustained in trip and fall accidents. Although it is important to be vigilant of slip and fall hazards throughout the year, it is also important to be aware of the increased hazards that come with each season. For example, many New Jerseyans spend their summers on boats and beaches, where the risk of slipping on a wet ramp or dock is present. There are certain slip and fall risks that accompany the fall and winter as well, many of which are weather-related. If you or a loved one are injured in an accident, it is important that you become familiar with the personal injury claim process so you know how to proceed with your claim. After receiving appropriate medical care for your injury, contact an experienced personal injury attorney to…Read More
A post-judgment modification is just that: a modification to a court order after the order has been finalized by the court. These are not uncommon with divorce cases because the conditions present in child custody, child support, and alimony orders can change in the years following the divorce. Post-judgment modifications do not happen automatically. The party seeking the modification must petition to the court to have the modification made. The burden of proof is on the petitioning individual, which means that he or she has to prove to the court that the modification he or she is requesting is either in the child’s best interest or accurately reflects changed financial circumstances for him- or herself or his or her former spouse, as is the case with alimony order modifications. To learn more about the extent of the burden of proof…Read More
When you hear about injury victims seeking compensation for their losses, you probably hear about them seeking compensation for their pain and suffering alongside other damages, like medical bills and lost wages. What is pain and suffering? Unlike the other types of damages an individual may seek after an accident, what actually constitutes “pain and suffering” is not immediately obvious. Pain and suffering damages are the intangible damages that a victim suffers after an injury. They can cover a variety of needs, both physical and mental. If you have been injured in an accident, you could be entitled to compensation for your pain and suffering. Find out more by speaking with an experienced New Jersey personal injury attorney. What Is Pain And Suffering? Pain and suffering can cover all of your needs that are not covered by other types of…Read More
In any divorce, the divorcing couple’s jointly-held property needs to be divided among them. A few states take what is known as the community property approach to property distribution, which means that courts divide divorcing couples’ assets among them 50/50. Most states, New Jersey included, take the equitable distribution approach, which does not provide couples with equal shares of their marital assets in a divorce. What it does provide, or at least strive to provide to couples, is equitable shares of their assets. This means that rather than simply cutting a marital estate down the middle, the court gives each spouse a portion of the shared assets according to his or her contribution to the marriage’s net worth and his or her personal needs following the divorce. Equitable distribution can be complicated and sometimes, the court’s decisions might seem nonsensical.…Read More
If you are a licensed New Jersey driver, you are undoubtedly aware of the point system. The point system is a way that the state holds drivers accountable for any moving violations they commit by adding “points” to an individual’s driver’s license when he or she receives a traffic citation. Familiarize yourself with New Jersey’s point schedule to avoid facing penalties for traffic violations that result in points. If you are issued a traffic citation, it is possible to fight the citation in court with help from an experienced criminal defense attorney. If you choose to take this route, be proactive and contact an attorney soon after receiving your citation. Different Violations Have Different Point Values The New Jersey Motor Vehicle Commission lists all point-bearing traffic offenses on its website. The number of points an individual may face for committing a moving…Read More
An individual’s driver’s license may be suspended for a variety of reasons. Failing to pay his or her child support obligation, being charged with driving while intoxicated (DWI), and acquiring too many points on his or her driver’s license are all reasons why the state might opt to suspend an individual’s driving privileges. When your driver’s license is suspended, you are prohibited from driving under any circumstances. In New Jersey, you can not obtain a “hardship license,” which is a limited driver’s license that allows an individual to drive to work and other necessary places like doctor’s appointments and his or her child’s school. If you are caught driving while your license is suspended, you can face significant consequences. Penalties For Driving On A Suspended License For a first offense, an individual may face a $500 fine. For a second…Read More
Criminal mischief can refer to a variety of offenses. Generally, it refers to acts of vandalism and tampering with victims’ property. In New Jersey, criminal mischief can be charged as a disorderly persons offense, a 4th degree crime, or a 3rd degree crime, depending on the monetary value of the property damages or destroyed. Many people mistakenly believe that criminal mischief charges are not serious criminal charges. Although they certainly carry lower penalties than crimes like murder and arson, they are not charges that should be ignored or downplayed. A criminal mischief charge can come with fines and other penalties for an individual and stay on his or her record possibly for the rest of his or her life. If you have been charged with criminal mischief, work with an experienced criminal defense attorney to try to have your charge…Read More
You might have heard that committing infidelity will have a negative effect on your ability to seek alimony as part of your divorce settlement or somehow make an impact on your property division. Conversely, you might have been told that if your spouse cheated on you, you can expect a larger share of your marital property or a greater amount of alimony after your divorce. The truth is, whether any infidelity that was present in your marriage will affect these determinations is much more complicated than this. Did the Infidelity Affect Your Economic Health As A Married Couple? This is one of the main issues that the court uses to determine whether to allow infidelity to affect its rulings on alimony and property division. In cases where infidelity affects a property ruling, it is because the cheating partner spent marital…Read More
The concept of “lewdness” can be difficult for many to grasp. Its technical definition is “a behavior that is crudely sexual in nature,” which can include actions like offensive gestures, certain types of dancing, and commentary made in public. But, as anybody who leaves his or her home is aware, we live in a world of lewdness. Crude and offensive imagery and actions can be seen in public spaces throughout New Jersey and the rest of the United States. For many, the thought of facing a criminal charge for simply behaving or speaking in a sexual manner is dangerously close to an infringement of his or her right to free speech. But in New Jersey, it is possible to be charged with lewdness or indecent exposure. This can happen any time an individual is caught exposing him- or herself in…Read More
