Lawyers and Law

Archivo de enero de 2010

In many matrimonial cases, the parties resolve disputes regarding alimony, support and the equitable distribution of marital assets by executing a property settlement agreement.

The Appellate Division recently reviewed a property settlement agreement where the parties agreed alimony would terminate if the plaintiff wife resided with an unrelated person, regardless of the financial arrangements between her and such a person.

A private detective for defendant observed plaintiff’s home for 22 nonconsecutive days in a 3 month period.  He observed an unrelated man coming to the home, and leaving it, with plaintiff.  The man also was observed to be walking the dog and taking out the garbage.

On the basis of these observations, defendant moved the trial court to terminate alimony.

Plaintiff resisted the motion.  She argued she was dating the man and he occasionally stayed overnight, but he resided elsewhere.

The trial court terminated alimony, finding plaintiff was residing with the man.

An appeal was taken.

YOU BE THE JUDGE:  Where the parties have a clear provision for the termination of support in a Property Settlement Agreement, is the Court bound to enforce it?

The Appellate Division reversed, holding that ordinarily a stable, permanent relationship is necessary to enforce a clause terminating alimony.  The plaintiff and defendant apparently consented to a broader provision, but that didn’t mean the court would enforce it.  On examination, the parties’ property settlement agreement raised public policy concerns; if it were enforced literally, plaintiff would lose alimony if she provided shelter to an ailing relative.  The trial court was ordered to conduct a plenary hearing to determine, amongst other things, what the parties intended in their agreement.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a “second opinion” about your pending lawsuit. There is no obligation for the initial consultation.

The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, discrimination, personal injury, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm’s highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.

Filing for bankruptcy is a way to start over with a clean slate. It relieves the tension and anxiety that comes with creditors calling, debt building and provides a solution to a financial mess. It is important to realize bankruptcy has many intricacies and sometimes it is hard to distinguish where to start. Here are some common concerns to consider before proceeding forth.

Does Bankruptcy Take a Toll on My Credit?

Your credit will take a hit with any filing for bankruptcy. However, your personal financial recovery plan should include gradually developing credit after the bankruptcy is completed. The timing of when this occurs depends on what type of bankruptcy you are filing. With Chapter 7, bankruptcy remains on your credit history record for 10 years. With Chapter 13, bankruptcy stays on your credit history record for 7 years. You need to check with a professional bankruptcy attorney to determine which one is more suitable to your situation and needs.

Will I Lose My Job?

No, you shall not lose your job after filing Bankruptcy. It is illegal for employers to discriminate against you for filing bankruptcy. Furthermore, unless an employer specifically searches for bankruptcy filings, then your employer (or potential employer) shall not find out. This is an instant relief for some who wish to keep the negative financial situation private.

What Happens to Student Loans?

In most cases, student loan debt is not dischargeable in bankruptcy court meaning you will have to repay them. There is an exception to this statute. For you are able to discharge the student loan if by paying, it you would be considered an “undue hardship” on the borrower. Nevertheless, do not get your hopes up. It is extremely challenging to prove and bankruptcy courts are the ones who have the final say.

Will I Lose My Car?

Depending on what state you live in, there may be an automobile exemption rule allowing you to keep the vehicle. On average, the ability to keep or lose a car is determined by how much the car is worth in comparison to how much you owe on it. You need to ask a professional. For a Chapter 7 filing may cause the court appointed bankruptcy trustee to liquidate it.

What about My House?

Under bankruptcy, law, your house has a separate set of rules. For under Chapter 13 bankruptcy, your house will be preserved and the courts shall let you live in it throughout the entire process. It is vital to check with a professional before filing for any bankruptcy ensuring you have a greater understanding of what is possible under what type of filing, and which filing you shall benefit from the most.

Bankruptcy is a tricky situation. There are many stipulations that are standard across the nation, but it is essential to note that there are also legal rules varied by state. Find someone in your own area who is able to answer your questions accurately. Ask for references. Hire an experienced professional who has ample knowledge about bankruptcy proceedings and is able to guide you throughout the entire procedure is completed.

How many times did you want to find someone’s divorce decree? Well today it’s not a problem anymore because there are many ways to access divorce records free. That’s right if you need to find information about someone’s divorce you can find them free of charge at the local courthouse or on the internet. However if you have some extra money you can hire a detective to find someone’s divorce decree for you. It’s the best solution but many of us can’t afford it, so we have to use free ways or those that are less expensive.

The most common way to access divorce records is to find them at the local courthouse. It’s the simplest way to do it because you’re required to fill only one request form. This takes only couple of minutes, but the real problem is the verification process. When you hand over your request to the service you’ll have to wait for some time until service verifies and finds the divorce record that you’ve requested. This can take even days sometimes so ask yourself are you really ready to wait that long to find someone’s divorce decree? Well it doesn’t have to be that way.

If you thinking about hiring a detective in order to access divorce records fastest think again. Did you know that you can find all the divorce records that you need online and for free? That’s right there are many websites online that will allow you free access to divorce records and only thing that you need is internet connection and some free time to do it.

Getting a DUI can be a scary experience, especially if you don’t know what to expect when you go to court. If you live in San Diego and get a DUI, there are specific penalties that can be handed down. The following information is about these laws and the differences in the penalties if you already have a conviction for driving under the influence.

The Possible Penalties for Your First DUI in San Diego

The penalties for driving under the influence in San Diego are a combination of fines, alcohol and drug rehab programs, jail time, and license restrictions. All of these penalties are at the discretion of the judge and the prosecutor will make sentencing recommendations in the event that you are found or plead guilty. For the first offense, the possible penalties are:

1.Fines ranging from $390 to $1000.
2.48 hours to 6 months in the county jail.
3.6 months of driver’s license suspension
4.Drug and alcohol program

Other possible penalties include the impoundment of your vehicle for up to six months, community service, ignition interlock device, and MADD impact panel. If probation is part of the imposed sentence, then additional monetary penalties may be imposed, but the drug and alcohol program may be omitted.

The Possible Penalties for Your Second DUI in San Diego

If convicted of a second occurrence of driving under the influence within 10 years, the penalties are higher. These may include:

1.Fines ranging form $390 to $1000.
2.96 hours to 1 year in the county jail.
3.2 year license suspension
4.Ignition interlock device

If probation is not part of the sentence, then the jail time may be from 90 days to 1 year in the county jail. The judge also can impound your vehicle, sentence you to community service, and make you attend the MADD impact panel.

The Possible Penalties for Your Third DUI in San Diego

If convicted of a third occurace of driving under the influence within 10 years, you can expect to spend some serious time in jail and that you will not be driving for quite a while.

1.Fines ranging from $390 to $1000
2.4 months to 1 year in the county jail
3.3 year license revocation
4.18 month alcohol program
5.Ignition interlock device

The judge may also impose the additional penalties listed above. There are also significant additional monetary penalties that may be imposed.

The Possible Penalties for Your Fourth DUI in San Diego

The fourth conviction of driving under the influence will almost definitely get you time in the state penitentiary. The judge will no longer be able to sentence you to time in the county jail. The possible penalties with no probation are:

1.Fines ranging from $390 to $1000
2.16 to 36 months in the state penitentiary
3.4 years license revocation
4.18 month alcohol program
5.Ignition interlock device

The above penalties do not factor any other circumstances, such as an accident, property damage, prior felony convictions, work zone tickets, or any number other factors.

San Diego Courts

There are four main San Diego courts that will handle your DUI case. They are the East, North, and South County Courts, and the Ramona Court. The Ramona Court handles traffic and minor offenses, but the other three courts deal with criminal matters that are more serious. Where you received your driving under the influence charge will determine which court your case will be heard.

In Closing

A DUI is a serious offense and one that you should not take lightly. Seek the advice of an experienced lawyer to help you understand all the laws and options that are available to you.

Within the spectrum of jobs that would be considered dangerous, namely jobs that have above average accident and injury rates in comparison to all types of jobs out there, construction jobs are at or near the top of many of those lists. Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. Construction workers face a variety of hazards, including electrocution, falls from scaffolds and other elevated areas, health hazards resulting from exposure to asbestos and chemicals, being struck by moving or falling machinery, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries. In consequence, work-related construction accidents occur rather frequently, and even more so in comparison to accident and injury rates for nearly any other job.

Who is Liable in a Construction Accident?

There can be a wide variety of individuals involved at a construction site, including the site’s landowner(s), construction managers, design and engineering professionals, contractors, equipment and material suppliers. In assessing liability for injuries at a construction site, the main determinations are the extent of a potential party’s control over the site on which the work is being done, and the degree of their control over the work itself.

The following people may have varying degrees of control over the construction site and work being done, and thus may be liable in a construction accident.

- The construction site owner(s): Issues of landowner liability hedge on the degree of that person’s control over the premises in comparison to control over the work itself. Depending on the amount of control of the premises that the owner grants to an independent contractor, the landowner may or may not be considered the legal possessor of the land for the duration of the construction project. The owner or possessor of the land on which a construction project is being performed is liable for any injury to individuals involved in the project, caused by a potentially harmful condition on the land that the owner knew or should reasonably have known of. This obligation does not extend to potentially dangerous conditions that should be obvious.

- Contractors: Both the general contractor and the sub-contractor must provide a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site, as well as any hazards inherent in the work being performed. A general or sub-contractor has an obligation to make sure that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that work is being performed safely. This obligation extends to the hiring of reasonably competent employees, and ensuring compliance with safety regulations.

-Manufacturers of Construction Machinery or Equipment: Manufacturers of defective construction equipment or machinery can be held liable for the design and manufacture of that equipment.

- Insurers: In the case of some large construction projects, the parties involved will be required to carry significant insurance coverage. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.

Getting Help for a Construction Accident Injury

If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:

- Get medical attention for your injuries.

- Report the injury to your employer or construction site manager, and be sure to write down the name and position of the person notified.

- Get the names and contact information of anyone who may have witnessed the accident.

- Try to preserve any evidence related to your injury, by taking photographs of the area where you were injured (and the injuries themselves), or keeping the equipment or tool that was involved in your injury.

In light of complex liability issues, the legal deadlines for filing causes of action for injury, and the need to conduct a thorough site investigation as soon after the injury as possible, meeting with a Colorado attorney experienced in personal injury and construction sooner rather than later is recommended. Don’t take on your employer and their insurance company alone! Contact a Colorado personal injury attorney today to protect your rights and get you the fair compensation that you deserve!

Boot Camp incorporates academic curriculum with fundamental military concepts. The mission of the educational component is to enable students to perform at grade level. The program focuses on English language arts, mathematics, science, and social studies. Some electives are offered. A high school equivalency program is also offered. Special educational services are provided cooperatively by the home district and the Angleton Independent School District. The military component is utilized to assist the student in accepting and respecting authority. Drill instructors oversee the movement and discipline of the students in a “boot camp” type fashion. Strict classroom rules, military drill and physical training help the students develop self-discipline.

Boot Camp presents students who have had behavior problems in the school or the community with the opportunity to continue their education while gaining self-discipline and respect of authority. However, it is up to the student whether appropriate choices will be made which will ultimately determine their length of stay and the benefits of the program. For those students who do exhibit a willingness to conform to the regiment of Boot Camp, it is hoped that this ability to be successful will continue with them as they return to their home school district.

Fines, restitution, and community service are common punishments for minor crimes. Fines are based on and taken from an offender’s daily income. Restitution is a cash amount paid by the offender to the victim to make up for the victim’s loss, like making an offender pay a portion of an injured victim’s medical expenses. With community service, offenders pay back the community rather than a specific victim. Courts may order offenders to work for a certain number of hours in local public service organizations or for charitable groups that help their community.

General and specific programming protocols are found in the Cadet Handbook, Parent Handbook and brochure. Specialized programming for sex offenders and substance abuse protocols are also valuable information to be reviewed by probation officers, treatment providers and parents.

There are basically five primary objectives that juvenile boot camps strive to achieve. The first is deterrence, which is an attempt to scare juveniles into never committing another crime for fear of the consequences. The second is incapacitation, or the sheer physical inability to commit crimes. Rehabilitation is the third goal of boot camps, which focuses on restoring an individual’s chances at becoming a more respectable member of society. The fourth objective is punishment in the hopes that it will teach the juvenile offender “a valuable lesson” in action and consequence.

At this time it is still difficult to determine which components are critical to success and which are irrelevant. Unquestionably, more research is needed to indicate what can be accomplished with boot camp programs. As the amount of boot camp programs in the United States continues to grow, the issues demand further exploration. Despite the lack of hard evidence to their success, boot camp is a relatively young reform effort and still holds promise as we move through the next millennium.