Benefits of Counsel

Often times an individual will attend Court anticipating that the justince system will insure fairness on his or her behalf. To some degree this is a correct assumption however, people are also entitled to either have counsel of their own choosing, or in some cases, if they cannot afford same, they are entitled to have counsel appointed for them. Unless an individual is quite knowledgeable in the area of law involved in their matter, particularly their rights and privileges, these rights and privileges may be violated resulting in an unfair result. By way of example, although most judges in New Jersey make it a procedure to read a statement of rights to all parties in a courtroom prior to beginning any court proceedings, this is a very basic statement and will not afford an individual the knowledge required to avoid self-incrimination, disadvantageous guilty pleas, or other unfavorable results. It is always in the best interest of an individual who will appear in court to at least consult with counsel prior to such an appearance.

Criminal Appeals and Pleas

When a defendant enters a conditional guilty plea to an offense yet reserves a right to appeal aspects of the matter it is important to consider the scope of issues which may be raised on appeal. For example, a conditional guilty plea to burglary based on a motor vehhicle stop resulting in the observance of a police officer of burglary tools or stolen items in plain view in which the defendant reserves only the right to appeal whether police had reasonable suspicion of a motor vehicle offense sufficient to justify a stop. This conditional plea would not allow for defendant to raise for the first time on appeal his argument that the burglary tools or stolen items should have been suppressed because the police lacked probably cause for the motor vehicle stop. When considering an appeal one must always consider that issues not raised below and preserved may not be raised on appeal.

For more information on criminal matters please visit www.HeatherDarlingLawyer.com

Property Settlement Agreements

When preparing a Property Settlement Agreement parties to a divorce action must be sure to contemplate not only existing circumstances but also anticipated circumstances. In light of today's economic uncertainty it is common for Alimony, Child Support, and Custody and Visitation to be revisited as parties find themselves without jobs, accepting different jobs with hours that limit or expand the time they have to parent, or even moving to different parts of the country in order to obtain jobs. People who find themselves in any of these situations may find themselves looking to a Judge to determine whether they are entitled to modifications of alimony, child support, custody, parenting time, or other circumstances sucha s relocation with the children. The clearer the Property Settlement Agreement is on the matters in question, the more likely it is that the Judge hearing your matter will agree with the specified terms as a contemplated agreement between the parties. If the Property Settlement Agreement is silent on the matters in question then the Judge will have to look to statutes and case law to guide him or her in making a decision and that decision may not be what you would have bargained for.

Please visit www.HeatherDarlingLawyer.com for more information on the factors a Judge would use in making such decisions.

Facebook

When posting to Facebook, whether it's a photograph or written statement, please be aware that this matter WILL be viewed by those wishing to view your page. If you are applying to a school or a job, seeking an elected or appointed position, those who are reviewing your credentials may see the information you have posted. Think about how a potential employer would feel toward hiring you if certain pictures of you were posted. In a criminal investigation, if all of your pictures are with the co-defendants in your case, it is likely to aid the prosecution in making their case before the jury. It is fun and easy to use Facebook and MySpace in order to communicate with family and friends but remember that they are not the only ones reading what you post.

Custody and the Best Interest Standard

In matters of child custody, in New Jersey, all things being equal there is an initial presumption in favor of the mother. Although the courts favor equal parenting time, this is often impossible due to proximity of the parties' residences post-divorce, the ability of both parents to find housing suitable for themselves and the children post-divorce, work schedules, and other factors. The presumption in favor of the mother being the parent of primary residence can be overcome if the children in the event that it is in the best interest of the children for the father to be the parent of primary residence. A best interest evaluation may be undertaken including interviewing the parents and children, viewing the residences, and taking into account other factors such as the proximity of relatives who provide assistance in raising the children, ages of the children and attachment to the community, and other factors. If you are involved in a matter involving custody, always remember that the best interest of the children is what will ultimately be the basis of the Court's decision.

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

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