Sunday, May 31, 2015

How To Find Reliable Legal Advice For Your Needs

A long-standing joke about lawyers is that they are actually "liars" who will take any money from you that they can. Don't become a statistic and fuel this joke - select a lawyer that will really work for you! Read this article for tips on selecting someone that really knows their stuff.

When hiring a lawyer, you should ensure you are able to easily reach them when you need them. A common complaint among people is that their lawyer is hard to reach. If you lawyer is out of pocket, you could be left in a quandary.

A good tip to remember if you're thinking about hiring a lawyer is to take your time and make your search thorough. You shouldn't impulsively hire a lawyer just because you need one right away. There are so many lawyers out there, that you need to be selective to get the best one for you.

Imagine taking on a lawyer who is about to enter court for the first time. That's what will happen if you take a general lawyer into a case where a specializing lawyer is a better bet. Ask any lawyer you know for their recommendations, and you'll be pleased with the outcome.

When you are describing the situation that you are in to your lawyer, refrain from lying. You should be telling them the truth at all times, as this could backfire if you are questioned on the stand and your lawyer does not have all information available. Honesty is the best policy, especially in regards to legal issues.

When looking for a good lawyer, make sure to obtain personal references. Talking to the local community that have experienced issues similar to you. For instance, if you're a victim of sexual harassment, speak with a women's group. Ask them about the lawyers they had and what their experiences were like.

Finding a good lawyer is a lot of work. You should put some time aside to do some research and give yourself a few weeks to compare different options. Meet different lawyers to get quotes and ask for advice. You should not expect to find a quality lawyer right away.

Make sure you know how much you are going to spend before you hire a lawyer. Lawyers can be very expensive. Their hourly rates can break your budget before they even begin to help you. Make sure you know the costs upfront and if you cannot afford a particular lawyer, search for one that you can afford.

If you feel like your lawyer is not being up front with you about all of the fees involved, do not think twice about hiring someone else. Usually when lawyers are shifty about financial details it means that they have something to hide. Make it easier on yourself and ask this question right away.

Instead of becoming a victim who must pay high bills for little quality service, do your homework and find a reliable lawyer. You can easily find someone that will help you in the courtroom. Remember these tips next time you find yourself in a sticky situation, so you can come out on top!

Saturday, May 30, 2015

SHOPLIFTING




NJ SHOPLIFTING CHARGES

Shoplifting in New Jersey

Shoplifting is one of the most common crimes that people are arrested for in NJ. Although most do not view it as a serious offense, they ought to. After all, it is a misdemeanor to be caught stealing an item worth less than $200 and an indictable to be caught stealing an item worth over $200.

According to N.J.S.A. 2C:20-11, if you are convicted of shoplifting, not only could you face a fine, jail time, a criminal record, and loss of employment, but it could also affect your immigration status. Make sure to contact an experienced NJ criminal defense attorney who can help you avoid a shoplifting conviction and all of the fallout that comes along with one. Call today for your free consult 800-709-1131.

NJ CRIMINAL STATUTES - NJ Criminal Attorney





2C:11-5.1 Criminal Knowingly leaving scene of motor vehicle accident resulting in death

2C:11-5B(3)(a)-(c) Death by auto or vessel on school

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2C:12-1.1 Leaving the Scene of a Motor Vehicle Accident Resulting in Serious Bodily Injury

2C:12-10 Stalking

2C:12-3 Threats to Kill

2C:12-1c Assault by Auto (or vessel)

2C:20-3a THEFT OF MOVABLE PROPERTY

2C:28-4. False reports to law enforcement authorities

2C:21-2.3. Producing, selling, offering, displaying, possessing, fraudulent motor vehicle insurance ID cards

2C:29-3. Hindering Apprehension or Prosecution

2C:29-9(b) Contempt Violate Order

2C:35-5. Manufacturing, Distributing, or Dispensing

2C:35-7 Distributing, dispensing or possessing controlled dangerous substance or controlled substance analog on or within 1,000 feet of school property or bus

2C:39-5B Unlawful Possession of Handgun

2C:39-3F POSSESSION OF PROHIBITED WEAPONS AND DEVICES

2C:39-7 Certain persons not to have weapons

2C:39-3E Prohibited weapons and devices

2C:40-26 Driving with a DWI Suspension

2A:160-10. Fugitives from justice found in this state

Friday, May 29, 2015

NEW JERSEY INDICTABLE OFFENSES - NJ Criminal Attorney




 What is an indictable offense and how is it different than a disorderly persons a/k/a misdemeanor?

This is a common question.

An indictable criminal offense is the most serious offense in New Jersey.

If you have been charged with committing a crime in New Jersey, you should seek a New Jersey Criminal Defense Attorney who is familiar with the Courts, the Prosecutors and the Judges.  The New Jersey criminal laws can be very confusing for the average person to understand.  Let the Simon Law Group help you navigate through this system.

We have the knowledge, years of experience, and skills needed to protect your rights; let us put them to work for you by calling a criminal attorney in New Jersey at any of our North and Central New Jersey office locations.

Our team of defense lawyers represent people who have been arrested or charged with all types of indictable and misdemeanor offenses. These charges include assault, robbery, possession of drugs (CDS), burglary, theft, juvenile, endangering the welfare of a minor, white collar crimes, arson, kidnapping, weapons, eluding, shoplifting, violations of probation/parole, harassment, criminal mischief, and official misconduct.

Regardless of the crime you are accused of, know that our criminal defense team of attorneys are ready to vigorously defend you and to provide you with aggressive representation all the way from the arraignment to the conclusion of your trial if necessary.

In New Jersey you can be charged with three types of criminal charges:

Indictable Offenses

These are considered very serious crimes and people often refer to these offenses as felonies, even though the state of New Jersey has abolished that term. An indictable offense can range in degree from 1st degree (the most serious), to 4th degree. Some indictable crimes include:

§  Possession of drugs (i.e., cocaine, heroin, LSD, exctacy)
§  Drug distribution, Intent to Distribute
§  Eluding an Officer
§  Burglary
§  Robbery
§  Stalking
§  Bad checks over $200
§  Terroristic threats
§  Sexual Assault
§  Aggravated Sexual Assault
§  Criminal Sexual Contact
§  Theft
§  Aggravated assault
§  Assault by Auto
§  Murder
§  manslaughter
§  Aggravated manslaughter
§  Weapons charges
§  Graves Act
§  Criminal trespassing

If you have been charged with an indictable offense, you could befacing a substantial prison sentence in addition to heavy fines and a permanent criminal record. Only some offenses can be removed from your record via an expungement.

What to do if the Executor is Not Properly Administrating the Estate

As you may be aware, every Last Will & Testament contains a clause which appoints an Executor or Executrix to administer the Estate of a decedent. In a perfect world, the Executor would timely administer the Estate, would entirely fulfill their duties, and the Estate would be swiftly and economically administered. Unfortunately, this is not always the case and often times a beneficiary may be faced with an Executor who is not properly or timely administering the Estate. In such circumstances, the beneficiary may have a few different options they may resort to.

The first option would be to send a formal demand letter requesting that the Executor or Executrix timely and economically administer the Estate. Sometimes, the mere push by one or more beneficiaries of the Estate will compel the Executor to properly finish administration. Unfortunately, sometimes more action needs to be taken. The next logical step would be to retain an attorney to send a formal demand letter requesting that the Executor properly and timely administer the Estate. If the Executor does not heed the warning of the attorney, then the only remaining option would be to file suit to remove the Executor from their role in the Estate.

When an action is filed to remove an Executor of an Estate, the party filing the action may seek to appoint themselves as the replacement Executor, seek an Independent Executor, or seek to have the Successor Executor named in the Will appointed as the new Executor of the Estate. Such an action would be filed with the county Surrogate and would be heard by the Chancery Judge within that county. The complexity and the duration of the matter depends upon the scope of the improper conduct of the Executor, and whether there was unlawful conduct aside from a mere failure to take action.

During the course of this action, it is not uncommon for the Court to appoint an Independent Executor to finish the administration of the Estate. In the alternative, the Court could set a very detailed schedule by which the current Executor must abide by or forfeit their appointment. Whether or not the Court appoints an Independent Executor depends upon the nature of the relationship between the adversaries in the Action, the value of the Estate, and whether there is any previous evidence of malfeasance by the current Executor. Regardless, at the conclusion of such a matter, the party seeking to remove the Executor may often seek counsel fees from the Estate provided the Action was filed in good faith.

The above is merely an outline as to a beneficiary’s right to bring an Action to remove an Executor. It is suggested that a beneficiary consult with an attorney to review the merits of such claims. The important message is, however, that a beneficiary need not sit idly by and let an Estate waste away without taking legal action.



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Disorderly Persons or Petty Disorderly Persons





Disorderly Persons or Petty Disorderly Persons offenses are still serious offenses but compared to Indictables have less penalties unless the defendant has a criminal history.

Some DP offenses include:

§  Possession of marijuana under 50 grams
§  Disorderly conduct
§  Simple assault
§  Harassment
§  Shoplifting
§  Assault
§  Hindering apprehension
§  Prostitution & Solicitation
§  Bad checks under $200
§  Lewdness
§  Theft by deception
§  Defiant trespassing
§  Alcoholic beverages under age
§  Improper behavior
§  Possession of drug paraphernalia
§  Prowling public places


If you are found guilty of a violating a disorderly person or petty disorderly person offense you can face fines and/or jail and under some circumstances, or a suspension of your driving privileges. In addition, this information may become a part of the person's permanent criminal record which can only be removed by making an application to the court for an expungement.