No Loss of NJ Drivers License for Out of State Offenses

In the event you are convicted of an out of state driving offense which subjects you to a suspended license in the state levying the charges against you, your New Jersey drivers license becomes subject to suspension. However, there is an important caveat: the offense for which you are found guilty must be one that would subject you to suspension if it occurred in NJ. In NJ, certain convictions such as controlled dangerous substances in a motor vehicle result in automatic suspension of driving privileges. States differ as to which convictions result in suspension of driving privileges within the state, therefore, convictions leading to suspension in one state may not require automatic suspension in other states. In the event your driving privileges are suspended in another state, New Jersey will receive a notice of suspension from that state. Upon receipt of notice of suspension in another state, NJ Motor Vehicle Commission (NJMVC) will mail, to the address appearing on your NJ drivers license, a notice of proposed suspension. This notice is prepared administratively by the NJMVC . What this means to you is that, although you receive a notice of suspension from the NJ Motor Vehicle Commission due to a suspension of your privileges in another state, the underlying conviction in the other state may not meet the statutory requirements for suspension of your driving privileges in NJ. If you receive a notice of suspension of your New Jersey driving privileges from the state of NJ as a result of an out of state suspension, you should contact an experienced municipal court defense attorney to determine whether the underlying charges give rise to loss of driving privileges in NJ. If the underlying charges do not require suspension of your driving privileges in NJ, you may continue to drive in NJ. More importantly, if you were charged with driving while suspended in NJ as a result of this situation, the NJ charges will be dismissed once you have resolved the original suspension issue. 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 face suspension of your NJ driving privileges, you should consult an experienced traffic law attorney immediately in order to preserve your ability to commute to work, transport your children, attend medical appointments and the like. For more information on motor vehicle, municipal court and other criminal law matters, in New Jersey visit HeatherDarlingLawyer.com.

Does Prenatal Use of Illicit Drugs Constitute Unfitness to Parent in NJ

The New Jersey Supreme Court heard the case of DYFS v. A.L., regarding whether prenatal drug use, specifically cocaine and marijuana, by a mother must result in a finding of unfitness to parent. Both the trial judge and appellate division ruled that the mother's prenatal use of cocaine resulted in abuse and neglect. The mother's attorney argued that a showing of harm to the child is required in order for the court to reach a determination of unfitness to parent. The State argued that prenatal use of drugs in the face of existing evidence of harm to children resulting from prenatal drug use is enough for a finding of unfitness to parent. A question raised by Justice Anne Patterson was also whether a pregnant woman legally taking prescription drugs, in spite of notice of potential danger to the child, could also be guilty of abuse and neglect. The State clarified that in the event there is harm to the child from a mother's use of prescription drugs, the mother's rights are protected. If you or your children's other parent are seeking a modification of custody, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on DYFS,custody, divorce, dissolution of civil union or domestic partnership, alimony, child support 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.

Limited Duration Alimony Criteria Reaffirmed in NJ

The Court recently reaffirmed the principles behind an award of limited duration alimony. The wife worked in the husband’s medical practice as an office manager and administrator during the 9 year marriage. It was only toward the final years of the marriage that the parties began to enjoy affluence, after years of hard work to develop the business. During the marriage, the wife developed bipolar disorder and, at trial, obtained an employability expert to make the argument she was unable to work. The court considered that the wife did work during the marriage, even if it was limited to working in the husband’s office. The court further considered that, although the wife made claims of unemployability, the court was not convinced she was unable to work. The Appellate Court set forth the primary factors in consideration as the term of the marriage, the age of the supported spouse, and the short time during which the lavish lifestyle she wishes to continue existed during the marriage. In light of the factors set forth, the Court determined that limited duration alimony was appropriate, in spite of the husband’s substantial income at the time the marriage ended. If you are facing or considering a divorce, you should consult an experienced family law attorney in order to protect your rights. For more information on alimony/spousal support, divorce, dissolution of civil union or domestic partnership,child custody, child support 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.

No Change in Custody in NJ Without a Hearing

In order to make a change in custody from the arrangement set forth under the terms of a Court Order or Property Settlement Agreement into which the parties freely and knowingly entered, the Court must hold a plenary hearing. A recent decision in the Essex County Superior Court, Family Part made a change in custody based solely on the recommendations of a court-appointed mediator. Originally, when plaintiff sought a change in custody, the parties agreed to retain a joint evaluator and enter into a consent order if they both agreed with the evaluator's recommendation. However, the parties and the court, further agreed that, if the decision of the evaluator was unacceptable to either party, that party could move for a hearing before the Court to determine whether the evaluator's recommendation should be implemented. The New Jersey Appellate Court reversed the superior Court ruling and reaffirmed a prior ruling in the case of G.C. v. M.Y. (287 N.J. super. 363, 368 (App.Div. 1995)) by stating that "unless there are exigent circumstances, changes in custody are not to be ordered without a plenary hearing." The exigent circumstances set forth were "evidence of imminent harm or threatened harm to the well-being of the child, there is no justification…[to make] a custody decision on an emergent basis, without a plenary hearing." 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 or your children's other parent are seeking a modification of custody, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on custody, divorce, dissolution of civil union or domestic partnership, alimony, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com.

Should a Confession Given While Under the Influence Be Suppressed in NJ?

A defendant convicted of second-degree illegal possession of a weapon won a motion to suppress the confession and had the guilty verdict overturned based on his being under the influence at the time he confessed. The motion was granted on the basis of defendant's preconfession statements to police that he was not mentally fit at the moment due to drugs coupled with inquiries he made regarding waiver of his right to counsel which indicated lack of adequate understanding thereof. Prior to obtaining a confession, the police are required to unscrupulously honor your request your rights to remain silent and to have an attorney present. If police fail to appropriately determine whether you are able to understand your rights while under the influence of drugs, you may be entitled to a suppression of evidence. 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 are facing criminal charges as a result of a confession and believe you may be entitled to suppression of the confession, you should consult an experienced traffic law attorney immediately in order to protect your rights. For more information on suppression, confessions, weapons charges, drug charges or other criminal law or municipal court matters in New Jersey visit HeatherDarlingLawyer.com.

Legal Representation for Children When Parental Rights Are Terminated

Bill A-700 that is pending in New Jersey, would require the State to provide legal representation for a child in proceedings after parental rights have been terminated. This Bill extends the authorization of the Law Guardian Program of the Office of the Public Defender to provide legal representation until permanent placement has been finalized by the court. Extending the legal representation ensures the child(ren)'s wishes to are known and their interests protected. In addition to the Office of the Public Defender assigning counsel based on all characteristics of the case, the willingness of an attorney to represent any party must be taken into account. This Bill also makes mandatory the requirement that attorneys who represent a party in any post-termination review hearing receive adequate training to provide proper representation to the clients. While these services are typically already offered by the Officer of the Public Defender, the ratification of this bill will be an important milestone in guaranteeing the proper representation of New Jersey's youth. 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 are facing or seeking termination of parental rights, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on parental rights,adoption, child support, custody, alimony, divorce, dissolution of a civil union or domestic partnership or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This post was contributed by Doreen L. Neggia, Esq.

Jurisdiction of Prosecutors in NJ Sex Crimes Extends to Acts As Far As Germany

During a Paramus Catholic High School trip to Germany, two chaperones, Michael Sumulikoski, and assistant coach and substitute teacher, and Artur Sopel, vice president of operations, were alleged to have had sex with minors entrusted to their care. Bergen County Superior Court Judge James Guida heard the case of State v. Sumulikoski. The Judge ruled that, although the conduct was alleged to have occurred in Germany, the defendant’s role as supervisors began in New Jersey. Each defendant was charged with multiple counts of sexual assault and endangering the welfare of a minor. Sopel was also charged with witness tampering. The Judge held that the question turned on whether a material element of the sexual assault statute, the relationship of the accused to the victim, could be considered conduct. His conclusion was that the defendants’ role as chaperones was the specific conduct the Legislature intended to prevent. The act of conduct, undertaking the role of chaperone, in New Jersey was the key to permitting prosecution in New Jersey. 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 are accused of a sex crime, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on sex offenses or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.