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Does it make sense to retain an Attorney for a moving violation?

Motor Vehicle violations can and do, have severe consequences to your driving privileges and ultimate driving costs in NJ. This is because of the Motor Vehicle laws in NJ, the progressive point system and DMV Motor Vehicle points and surcharges to your driving privileges. Most moving violations result in points, fines and increased insurance premiums. Some even result in license suspensions and jail terms.

Prosecutors generally offer to reduce the severity of moving violations if they think that the motorist will be willing to give up his right to a fair trial. An experienced attorney will be able to negotiate a more favorable outcome. When motorists attempt to negotiate with the Prosecutor without the benefit of an attorney, it is very likely that only a minimal reduction will be offered. This is because the Prosecutor knows that the motorist will not go to trial by himself and if he did, he would likely be found guilty.

It is always beneficial to speak with a lawyer, and almost always a good idea to hire a lawyer, when you are charged with an offense, including a traffic violation. Even if you have a spotless record, you can still be effected by a traffic violation and can benefit from representation. It is especially important to speak with a lawyer if you have a prior record of driving offences, and are concerned with keeping your license.

If your driver’s license is important to you speak with someone with years of experience in the NJ Municipal Court System. To know what your legal options are, call the Law office of Jennifer Marshall, Esq., and with our free strategy session, begin work on your case today. Protect your license and get experienced legal counsel on your side by calling 732-377-2005.

Termination of Child Support S-1046/A-2721 Signed by Gov. Christie

I am sure many people have heard on the news that Gov. Christie signed S-1046/A-2721, the Termination of Child Support law, which will go into effect February 1, 2017. To help those who pay or receive child support understand this law I put together this article.

The way NJ law was before the new termination law, was there was no hard and fast bright line cut off to child support. As an attorney my argument also started with, has the child attained the age of 18 years and does he or she have a reason to need child support? The burden on motioning the court to terminate child support always rested with the individual paying the support.

Now with the passage of this new law, the burden shifts to the one receiving the payment. Now, as soon as the child attains the age of 19 years old there is a termination of child support unless the child or the parent receiving the support can show there is a need to continue payment. Such exceptions could be the child is enrolled full-time in college, vocational school or the child has a disability.

By signing this law the Governor has put an affirmative duty on the person receiving the money to show the necessity for its continued payment. It also helps people paying support who do not get to speak to their children or know what is going on in their lives but must pay support. If the person receiving the money never motions the court to continue the payments the support will automatically cease.

Either way there is now an affirmative duty to prove child support is needed. This will now ease the case load the probation departments are burdened by with endless cases of child support being paid though it is not necessary.

If you or someone you know has received a notice about this new law and has a question about child support or its termination please give my office a call 732-377-2005. My consultations are always free.

How Can a Criminal Defense Lawyer Help Me?

New Jersey criminal law can be very difficult to navigate and truly understand when you are not a lawyer. Lawyers have the most recent laws and bylaws to an ever-changing legal system. If you are dealing with a criminal offense, having that knowledge of the legal processes is essential towards getting the result you want. Criminal defense attorneys have a multitude of skills and resources to thoroughly protect their clients through the various amount of offenses possible.

While it may be tempting to try and represent yourself in an attempt to save money, or because you feel that your criminal charge is small, this kind of thinking has resulted in numerous people paying enormous legal fees and possibly getting charged for that crime even if they are innocent. Criminal defense lawyers know the paperwork, the strategy and the procedures that need to be in place to protect you from a charge. New Jersey attorneys know the court system in the state, which makes it invaluable to those looking at a NJ criminal charge.

The job of the criminal defense lawyer is not just talking in front of a judge and questioning witnesses. An experienced attorney is familiar with the current criminal laws, legal procedures, and has handed numerous cases. While each case is different, a lawyer’s experience in numerous areas of practice helps them protect their clients. Criminal defense attorneys can hire investigators, help manage the emotions of their clients and keep legal costs minimal. Usually those who decide to represent themselves in a court of law end up spending more money in legal fees than they would have if they had hired an attorney at the beginning.

Getting wrongfully charged with a crime can lead to enormous consequences. Having a criminal record, jail time, fines and possible loss of future job offers can occur if found guilty. A good criminal defense attorney can possibly reduce the severity of the charge, punishment and incarceration. Sometimes a charge can be removed completely, depending on the situation.

To know what your legal options are, call the Law Office of Jennifer Marshall, Esq., and with our free initial consultation, begin work on your case today. Protect your rights and get experienced legal counsel on your side by calling 732-377-2005.

How Much Will My Child Support Payment Be?

Calculating your child support payment is dependent on several factors. In the state of New Jersey, there are Child Support Guidelines that must be taken into consideration before coming up with a final support amount. Factors such as the income of each parent, the age of the child, and if alimony is being paid, are all used within the courts’ calculation. Once the calculation has been determined, it is considered to be the final child support payment.

While there are numerous online calculators for child support out there, none of these can really give a true final amount. Meeting with a child support attorney and going over your unique situation, will give you a more accurate estimate on your child support payment. And if you feel your child support payments need to be recalculated, either due to a change in income, parenting time or its been over three years since your last calculation, a professional family law attorney will help you get the results you need.

At the Law Office of Jennifer Marshall, Esq., our law firm works hard to give our clients the best child support estimate possible. And if the calculations are wrong due to change in circumstances or improper recording of incomes, our Piscataway lawyers will be able to guide you through the appeal process. To see what we can do for you and your child support calculations, call us today! 732-377-2005

An Overview of Divorce in New Jersey

Once you have decided divorce is necessary for you, there are steps that you must take. Consulting a good divorce lawyer should be one of your first steps. Depending on your own unique situation, you or your spouse must also have been a resident of New Jersey for at least one year prior to filing for divorce. There are various grounds for filing; including adultery, cruelty, desertion, substance abuse and mental illness, among others. If you have children, there is also custody to consider and child support. Distribution of material property and assets will have to be arranged, and possibly alimony, also known as spousal support, as well.

There is also a “no-fault” divorce possible in NJ, as well as, a type called “collaborative”. In a “no-fault” case, separation and/or irreconcilable differences are agreed upon. This should make a divorce faster and more economical and, hopefully, not as combative.

In collaborative divorce, spouses and their attorneys co-operate with one another and a team of other experts. The experts are agreed upon by both parties. These types of divorce through mediation, can require less time in court and end in some more creative solutions than might otherwise happen.

No matter what your situation is, speaking with an experienced divorce attorney will inform you on the divorce process and let you know what to expect. At the Law Office of Jennifer Marshall, Esq., we understand how confusing and perplexing a divorce can be. Our Middlesex County divorce lawyers are straight-forward with our clients and have extensive knowledge on New Jersey family law. If you or a loved one is looking for an honest, upfront and knowledgeable divorce attorney, call our law office today at 732-377-2005 to schedule a free initial consultation with no obligation!

Municipal Appeals In New Jersey, “I Need To Vacate My Conviction Or Guilty Plea”

If you feel you were wrongfully convicted, rushed to trial or a plea, or had ineffective assistance of counsel you can appeal to the superior court.  Many people who appear in municipal court for the first time really do not listen to the judge when he gives his speech in the beginning about appeals.  Every person who enters has the right to appeal to the superior court within 20 days of their plea or conviction and they have 5 years for any post conviction relief.

I have successfully represented many clients who wished to appeal their convictions after trial court misconduct.  Judges cannot act as prosecutors and they cannot bully you into a trial or accept a plea.  If you feel you were wronged during your matter in municipal court, call my office today to discuss an appeal.  I handle matters in courts throughout New Jersey and my consultations are always free.

Call today 732-377-2005.   

New Jersey Attorney Who Handles Restraining Orders and Assault Charges

As an attorney it is not uncommon for me to get phone calls from people who have to appear in Superior Court to deal with a restraining order and Municipal/Superior Court to deal with an assault charge.  It is a very stressful process especially if you are the defendant.  Restraining order hearings sometimes go on for hours and can result in Final (permanent) Restraining Orders.  Then after you realize the Restraining Order could effect your life and getting a job you then have to go to Municipal/Superior court to deal with the criminal assault charges from the same incident(s).  Criminal assault charges, if you are found guilty, are now part of your criminal history and could effect your future.

Many people who call me tell me they placed a Temporary Restraining Order on someone and now they have one against them.  Such a situation is allowed and happens frequently.  Now the person who feels they are a victim now becomes a defendant and must fight to protect their rights.  If you or someone you know finds themselves in a New Jersey courthouse dealing with a Restraining Order or an Assault charge, call my office today for a free consultation, 732-377-2005.  You should never take on the system alone!

 

Arias Defense Team Files Motion For Juror Twitter Accounts

In a twist I did not see coming Jodi Arias’ defense team files a motion for all juror twitter accounts.  It appears that juror 17 was tweeting about the trial and viewing twitter before sentencing phase.  If the defense is successful, this could possibly lead to a retrial on appeal.  It appears the juror who tweeted believed she did not have to stay away from social media just anything about the trial.  In the motion, the exchanges the juror engages in discusses Jodi Arias by name and her ethnicity.  The concern here by the defense is that other jurors my have had access to social media during the trial and misunderstood what they could or could not have viewed.

For the defense it is also good thing to have the accounts to see what has been said about the case and if potential new jurors for the sentencing phase will have been effected by a tweet or Facebook.  It is hard as an attorney to police jurors and their use of social media.  I always go into a trial assuming jurors are on Facebook or Twitter and do not tell us when they “accidentally” read something.  For my client’s I hope a jury follows the court’s admonition not to read or participate in social media during the trial, but one never knows.

The defense did exactly what I would have.  If you can see a juror’s public Facebook or Twitter, see what they are saying.  If it appears it affects the case let the court know immediately.  We will wait and see if the Judge orders the media turned over.  This could end up getting Ms. Arias a new day in court.

If you would like a link to the Motion filed by the defense, here it is.  I found this on WildAboutTrial.com, Arias Defense Motion.  If you or someone you know is facing a charge and need an attorney with experience in defending clients and social media, call me today 732-377-2005.

Always Better To Have A Defense Attorney That Can Talk To A Jury

It is funny to think that a criminal defense attorney would be afraid to talk to a jury, but I have witnessed many attorneys crack under the pressure.  It takes a confident and self-aware person to be able to hold back nervousness with 12 strangers looking at them while they speak.  I am no stranger to the feeling of 12 sets of eyes watching me and judging me.  It is how I handle the pressure that distinguishes me from my colleagues.  I do not fight the nervousness, I use it to my advantage.  I channel it as a way to fuel my arguments and bring my client to life before their eyes.

If an attorney tells you they are never nervous, be afraid.  Someone who isn’t nervous when their client’s freedom is at stake doesn’t care about their client.  Nervousness equals caring.  Add to that caring experience in public speaking and you have a winning combination.  I have successfully argued for my client’s before a jury of his/her peers and been successful.  I pride myself on being able to tell my client’s story with compassion and competence.

If you or someone you know is charged with a crime and need an advocate who will fight for your rights, call me today 732-377-2005.  My consultations are free.  I have tried cases successfully in counties across New Jersey including Middlesex County, Somerset County, Union County, Monmouth County and Essex County.

Is No Relationship A Basis To Stop Child Support

I have many people call my office or come in for consultations and ask that their child support order be stopped due to no relationship with their child.  The facts that cause these questions usually center around child support being paid while the child is in college.  The non-custodial parent is usually not involved in picking the school or speaking to his/her child.  New Jersey courts are not quick to terminate a child support award just because your child does not speak to you.

The courts have only granted a child support termination, where the custodial parent and child actively alienate the non-custodial parent.  When such behavior happens the court’s use termination as a way to punish the child and the custodial parent for such behavior.  If you are experiencing a situation where you feel you are not being allowed into your child’s life and you pay support, call me today to see if termination of your obligation is possible.  My consultations are always free 732-377-2005.