If you are a homeowner or a business owner and you are looking to improve or use the property, you may have to make an application for a variance with the town that the property is located. In order to obtain the variance you will be required to follow the...
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THE BENEFITS OF HAVING A WILL IN NEW JERSEY
In New Jersey, many people wait to prepare a Will or do not have a Will because they feel it is costly and/or unnecessary. However, having a Will is an easy and straightforward process that can make sure your last wishes are followed and to protect your heirs. ...
NEW JERSEY DWI SENTENCING AND STATE V. LAURICK
When a person has multiple DWI convictions in the State of New Jersey, the penalties one faces includes incarceration. If you have a prior DWI conviction and received a second, third, or subsequent DWI, you need to explore all of your defenses, including those...
CAN THE POLICE SEARCH MY CAR, IN NEW JERSEY, WITHOUT A SEARCH WARRANT?
The answer to the above question, which is often asked by my clients is “probably not” in light of cases recently decided by the New Jersey Supreme Court and Appellate Division. However, the factual setting for a law enforcement official’s investigative stop and/or...
Can my guilty plea in a criminal case be used against me in a related civil case?
New Jersey courts have held that guilty pleas in criminal proceedings are evidential in related civil matters as an exception to the rule against hearsay. Specifically, as a statement made by a party-opponent under under N.J.R.E. 803(b)(1). However, “[f]or good...
What happens if a criminal defendant is convicted, they subsequently lose on appeal, AND the attorneys are to blame?
It may be possible, in these cases where defendants have exhausted their appeals, for them to file for post-conviction relief (PCR). Pursuant to New Jersey Court Rules, specifically, Rule 3:22 paragraph (a), a defendant and/or his new attorneys may file a claim if...
The Legal Insanity Defense in New Jersey
There are plenty of naysayers out there relative to the insanity or temporary insanity defense, but thankfully, in New Jersey, our courts do recognize the so-called M’Naghten insanity defense (or M’Naghten rule), and the defendant may be found “not guilty by reason of...
CAN A CRIMINAL DEFENDANT BE RELEASED ONCE THEY ARE DENIED PRETRIAL RELEASE BY THE COURT?
The above is a typical question often time posted by a criminal defendant and/or their family members after pretrial release is denied by the judge. My answer to this question is “maybe” … and I will explain why. Court Rule 3A was adopted and became effective...
WHEN ARE POLICE OFFICERS ALLOWED TO STOP AN INDIVIDUAL AND CONDUCT A PAT DOWN / TERRY FRISK
First, police officers must have a legitimate reason to stop and/or detain an individual. Reasonable suspicion that justifies a brief, investigatory stop, only exists if the person being stopped is engaged in, or is about to engage, in criminal activity. State v....
HOW TO WIN A “SPEEDING” CASE WHEN POLICE RADAR IS INVOLVED BY ALEXANDER YANDOLI, ESQ.
Once a client hires the law firm in a matter wherein police targeted their vehicle with a radar device, our first step is to file a so called lawyer’s notice of appearance. Simultaneal, we further make a written demand for discovery in speeding cases pursuant to State...
NEW JERSEY’S PRETRIAL RELEASE SYSTEM IS FAR FROM PERFECT
New Jersey bail reform proponents are still celebrating and will tell you that the State’s bail reform law, which took effect in January of 2017, has been a wonderful success. Proponents will also argue that the State’s pretrial services program is a successful &...
NEW JERSEY RECENT DWI LAW CHANGES AND WHAT IT MEANS TO YOU
In December 2019, the State of New Jersey adopted radical changes to its Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) laws. These changes have a far-reaching affect on anyone charged with these offenses in the State of New Jersey. Prior...