Contracts

People often underestimate the importance of contracts. In any transaction there are at least two parties involved. Although they may use the same words to discuss a matter, such as "reasonable time", "standard quantity", "substantially similar", etc., each of these terms is ambiguous and the parties may attribute very different meanings to them. In other circumstances, the parties may deal with certain terms such as price, date, and quantity, but fail to deal with other matters such as place of delivery, delivery fees, duration of contractual obligation, etc. If something later goes wrong with the relationship and there is a dispute on any of these matters, the court will look to the Contract between the parties first for answers. If the answers cannot be found wihtin the "four corners" of the Contract then the Judge will seek outside evidence and testimony and the matter will become one of "he said, she said" which places both parties in the precarious position of suffering significant loss. When entering into a transaction for a lengthy duration, a significant quantity, or a substantial price always have an attorney prepare, or at least review, the Contract to insure that you are protected and, if not, you do not enter into a bad transaction.

Troubled Times for Alimony Payments

In today's economy it is hard enough to keep a job and those big bonuses are a thing of the past for many. Unfortunately, when your income changes your bills often stay the same and it's hard to make ends meet. If you are responsible for paying alimony, it may be time to seek a modification of your alimony payment based upon a showing of changed circumstances. Often alimony is established with the assumption that earnings will continue to increase slightly over time, you will eventually feel the sting of that monthly payment a little less, and life will go on with some adjustments. In the current economy that is far from true for many. With President Obama saying that we will not see job growth catch up until at least the middle of next year, and CNN saying that it will be 6 years before we are back to the levels we were at before the massive economic downturn began in 2008 it is liklely that you will be awarded a downward modification if you can meet the required showings for the court. In New Jersey the main burden of proof is changed circumstances, and the court will also consider your former spouse's needs and ability to support themselves as well as your existing ability to pay. If you feel you qualify, and wish to avail yourself of the opportunity you should consult an attorney to file the necessary motion.

For more information on Alimony in New Jersey visit www.HeatherDarlingLawyer.com

DUI

The State of New Jersey incorporated the Alcotest as a replacement of the Breathylizer. In the short time since the Alcotest was put into use, it has been the subject of several attacks. Recently it was determined that various occurences, such as burping or vomiting within a short timeframe prior to administration of the Alcotest, can dramatically alter the reading. For that reason, individuals under arrest for DUI must be observed by at least one officer at all times for a 20 minute period of time prior to the officer administering the Alcotest.

In the event the officer administering the Alcotest fails to undertake continuous observation, the results of the Alcotest may be excluded from evidence. Visual observance of the officer(s) and any witnesses of the Defendant's physical condition may still be used to prove guilt or innocence.

Guilty Pleas

Many people make guilty pleas when offeres are presented by the prosecution for lesser sentences or probation. Often the allure of the plea offer makes the accused forget about the consequences of the guilty plea, specifically that they will now have a criminal record and that the plea will be admissable in any civil trial relating to the same matter. Although a criminal trial is something most wish to avoid, especially when the prosecutor is making statements indicating that a much harsher sentence will be imposed following a trial then the one offered in the plea agreement, if you have sufficient evidence that you are likely to be found not guilty, or perhaps guilty of only a lesser included offense, then a trial may save you from the burdens imposed upon you by a criminal record. When you are facing criminal charges, be sure to have competent counsel who can assess the facts of the case as presented by both sides and make a fair assessment of your options before accepting any plea offers.

September 11, 2009

My practice is heavily based in litigation, especially the litigation of Criminal and Family Law matters. Today I would like to remind everyone to take a moment to reflect upon the heinous crime committed against the United States of America on September 11, 2001 and to remember the victims and their families and the plight of all Americans in this ever-changing world.

Child Support

Child support is not optional and is not waivable by the parties. If you have a "deal" with your child's other parent that he or she will not seek child supoprt through the Court as long as you make payments to him or her and buy certain items for the child be careful! This is a better deal for the person receiving support than the one paying it. The Court continues to keep track of what is due. Eventually the other party will take may take you back to Court and say you were not making payments, leaving you to your proofs. Alternatively, if you are paying through probation, your balance continues to accrue, unless you and the other party agree and a Judge signs an Order indicating you are not liable to pay probation any longer.
If you wish to modify child support in New Jersey you may do so by appearing before the Family Court by way of formal Motion for Modification of Child Support. If you think you are entitled to a reduction or increase in child support payments seek an attorney who is familiar with such matters and can guide you through the calculations used and help you to get a fair result.

Restraining Order

Restraining orders are serious matters. A temporary restraining order (TRO) may issue upon a complaint stating reasonable grounds and then a hearing will be scheduled before a Judge to determine whether a Final Restraining Order (FRO) will be issued. Anyone who finds themselves facing a FRO should seek the assistance of counsel immediately. There are several components which must be proven for someone to secure a FRO against someone else. An attorney who regularly handles FRO matters is aware of the various elements required to be met and, upon discussing the facts of the case with the client, is often able to show that the client did not in fact behave in a manner which should result in the imposition of an FRO.

An FRO is permanent in NJ unless it is removed by the Court who placed it. Although FROs are removable by the party seeking them, or by the individual subject to the FRO if certain criteria are met, they prevent those who have them from enjoying certain liberties as long as they are in place.

For more information on Restraining Orders visit www.HeatherDarlingLawyer.com

Attorney Conflict

Often times the rights of an individual are inadvertently violated by thier own attorney. If your attorney has represented anyone involved in your trial before, including a witness to the case, there may be a negative impact on your trial proceedings as a result of that representation. Always insure that the attoreny you are working with checks for conflicts as soon as they are retained and then again as the names of witnesses and experts are disclosed to them. If your case is complete and you discover that your attorney had a conflicting interest in your case then you are entitled to appeal the judgment rendered in your matter.

Labor Day Weekend

It is always nice to have a long weekend, unless you are incarcerated and awaiting a first appearance in Court. If you are incarcerated after business hours you have to wait until Monday to appear before a Judge and have your charges read in the form of a first appearance. In the case of this long weekend people awaiting a first appearance will not even have bail set until Tuesday. If you or someone you know is ever incarcerated over the weekend, get a head start on your case. The prosecutor will be at your first appearance. If you have already met with your attorney and provided your attorney with the facts of your case, your attorney may be able to resolve your matter with the prosecutor sooner. Also, if your attorney knows the facts of your case and has time to prepare, they will be better able to argue for a reduced bail at your first appearance. If you have to sit in jail over the weekend, use your time wisely and begin working with your attorney to get the best possible result at your first appearance.