Domestic Violence Charges Not A Right To Counsel in NJ

The NJ Appellate Division recently held, in D.N. v. K.M./K.M. v. D.N, that neither plaintiffs nor defendants in a domestic violence matter who cannot afford counsel are entitled to the representation of counsel at the expense of the state. The Appellate Division rendered this ruling even though one significant consequence of domestic violence is the immediate loss of weapons with the potential of permanent loss of weapons and the inability to purchase, possess or carry weapons in the future in the event of a guilty finding. In spite of legislation and a lean toward the removal of guns from the hands of the people, the right to keep and bear arms remains a constitutional right at this time. The Appellate Division offered the reasoning that, unlike other criminal actions, domestic violence is a matter of the victim against the defendant rather than the full force of the state of New Jersey against the defendant. The court further reasoned that domestic violence laws are curative in nature and designed to stop further acts of domestic violence. However, before the court can make a finding of domestic violence, it must find that an offense such as harassment, stalking or assault occurred. If you are facing domestic violence charges, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on assault, harassment, stalking, terroristic threats, child custody, domestic violence, parenting time/visitation, dissolution of a civil union, marriage or domestic partnership, alimony, palimony or other family and criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Early Expungement Factors in NJ

Expungement is a means of sealing criminal records for those who made an error in judgment. In order to qualify for an expungement, there is a waiting period, at least 5 years, which must pass without the commission of further crimes. New Jersey has relaxed the timeframe for expungement in certain circumstances. In considering early expungement, the court has set forth certain factors. The nature of the offense must be balanced against the petitioner’s overall character. At all times, it is the petitioner’s burden to prove they are deserving of an early expungement. The State is considered to have met it’s burden of proof at the petitioner’s trial. In the case of a petitioner previously convicted of dealing drugs, the New Jersey Supreme Court held that a lower court erred in considering factors the Legislature did not include in the carefully drafted statute. Although the nature of the drugs sold could not be considered, the number of times drugs were sold, whether they were sold to minors and weather there were weapons involved could be considered. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you have a criminal record that is hindering your ability to obtain employment, the education you want or otherwise negatively impacting your life, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on expungements or other criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.

Past Due Support Can Affect Your NJ Business

If you are obligated to pay child support to a former spouse or domestic partner you, and your business partners, may be shocked when your business interest is attached by them. Although they may only attach your interest, a former spouse or partner who obtains a judgment against you for past due child support can affect your business by tying it up in litigation and creating strife among you and the other members of your limited liability company (LLC). New Jersey Statute 42:2B-45 allows a judgment creditor to attach the interest of a debtor in any limited liability company in which they are a member. This judgment will not attach to the interest of any other LLC members but litigation as to what your specific interest in the LLC is can create enough tension to result in dissolution, or your being forced out of the LLC by the other members. If you are seeking to collect or defending against collection of a large amount of past due child or spousal support you should contact a family law attorney with small business divorce experience immediately to protect your rights. For more information on child support, spousal support, palimony, alimony, divorce, dissolution of civil union or domestic partnership or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

NJ Alcotest Trial

A guilty verdict in a DUI can have serious consequences including loss of license, heavy fines and even incarceration.
If you have been charged with DUI in New Jersey, there are ways in which you can beat the charges. The Prosecutor MUST prove, by clear and convincing evidence, you were 1) operating a motor vehicle and 2) under the influence an intoxicant.
Provided it is possible, the accused is typically forced to submit to "field sobriety tests" by a trained officer. Of course, this is a subjective test and may be affected by many issues such as inner ear infections and other issues causing balance problems, disabilities or injuries causing balance or mobility problems, eye problems and other medical conditions or medicines.
In NJ you will also be asked to submit to an Alcotest (formerly Breathylizer) which determines the amount of alcohol in your blood by taking a breath sample. Although the officer administering the test will claim it is infallible, there are multiple parts to the machine which all must be working properly. A trained DUI attorney knows the parts of the machine subject to attack and how to go about proving they were not working properly at the time the Alcotest was administered to the accused. Additionally, there are certain conditions under which the test must be administered which a trained DUI lawyer is aware of and knows to look for. Finally, the officer administering the test must not only follow proper procedure but must be certified to perform the test as well.
We also have trained experts available to assist you in your case against a DUI matter. These experts were former Alcotest operators and trainers who trained the offices to use the alcotest machines. They know how to help us beat a DUI.
If you have been charged with DUI in Morris, Sussex, Bergen or Passaic County, New Jersey visit HeatherDarlingLawyer.com for more information or contact us directly at 973-584-6200 to get the help you need.
A DUI is a serious matter and should not be faced alone.
For more information about us or a DUI visit HeatherDarlingLawyer.com