Basic information about Expungements in New Jersey

A person who is charged with criminal offense in New Jersey and is arrested for the same, will definitely have an arrest record maintained. Later on when the person gets convicted, the record of conviction also exists. The records consist of complaint charged, summons, warrants issued, case- processing records, DNA report, photographs, fingerprints, rap sheets, index cards and other judicial records. These records can exit on paper and also on computer. In many cases, the offense done by the person is considered as minor and person is never arrested. In such cases also, criminal record of the person exists and it can be accessed in future. New Jersey Criminal Law gives option to person to have expungement of criminal record.

Records that can be expunged:

Granting of expungements happen when there are false arrests, release during trial or appeal or rehabilitation program suggested for the arrested person. When expungements happen, all the records related to the particular crime are not destroyed rather they are segregated. Going for expungement of record is a judicial process and upon completion of the process, the charged and/or convicted person receives signed court order by a judge stating that the offense shall be considered not to have happened. In such case when insurance companies, creditors, prospective employers, landlords go for background checking for that person who had his/her record expunged, no record will exist and he/she will have no problem in leading normal life.

Need of an Attorney for Record Expungement:

As such, expungement of records need not be handled by an attorney. According to New Jersey Criminal Law, the accused or charged person is allowed to go for expungement of record himself/herself. But the entire process may be confusing for the applicant and expungement of records may take time. The expungement filing fee is very nominal in New Jersey State. It is about $52.50. It is important for the applicant to comply with all the specifications of law to get record expungements. If any of the steps needed for processing of expungement of records is missed out, the expungement petition gets denied. That is why it is advisable to hire an experienced attorney who could guide the record expungement applicant in every step. In case the expungement application is opposed by New Jersey Law Enforcement Department, the applicant could not be handle it and it may become a complicated case and ultimately expungement of records may not possible. Applying for expungement and going through the entire process again will definitely cost more money and time.

For further details visit New Jersey Criminal Law or wants an appointment contact New Jersey Expungements Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

To Read More: DUI/DWI Lawyers in New Jersey

What Are The Qualities You Should Look For In A Head Injury Lawyer NJ

Every year in New Jersey, thousands of accidents takes place and most of them cause head injuries. It is actually the brain that gets driven against the inside bony portion of the skull by a sudden blow or force which may be caused by a fatal accident. There are different types of brain injuries like a crack, break or fracture.

Every types of head injuries and are critical and very difficult to diagnose. However; in an injury which is very close to the brain, the skull is not damaged but the brain gets injured and at times it becomes a serious issue. As the injury is internal, the seriousness of the matter cannot be judged at ones and the patient is therefore made to go under different types of medical examinations and treatments to understand the actual state of health. Hence, in such a case, the victim and his or her family members can seek the help of a head injury lawyer NJ to get justice.

Upon hiring a head injury lawyer NJ, the lawyer will listen to the victim's story and then he or she will explain the victim his or her legal rights and will provide him or her a legal perspective about what can be expected while filing a legal case or claim for personal injury or wrongful death.

The lawyer from the victim's side, as per the gravity of the accident, will claim monetary compensation which will be given by the insurance company of the accused for future medical expenses, rehabilitation, medical bills, loss of companionship, loss of future earnings, property damage, mental suffering and pain that the victim suffers from.

Each case has different circumstances and therefore when you go to file the case, its becomes a complicated affair as mutual parties are involved. The lawyer starts his own investigation and try to collect evidence to prove liability. Your lawyer should have the knowledge as well as the experience to maximize your benefits.

Your lawyer and you should be engaged in continuous communication so that you are fully aware of the proceedings that are taking place in the court and as a result what are the improvements taking place. Most people want to settle their matters outside the court in order to avoid the problems involved. But a genuine head injury lawyer NJ will always persuade you to file a lawsuit and will litigate the case on your behalf. The opposition party's lawyer and his insurance company will always want to prove that the loss incurred was minimum, so as to shun out minimum amount of money. So if your lawyer is efficient he or she will be able to provide you justice.

For further details visit Personal Injury Law Firm New Jersey or wants an appointment contact NJ Personal Injury Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

To Read More about Worker's Personal Injury Click:
Workers’ Compensation in New Jersey

All about personal injury New Jersey accident claims

It is due to the tremendous popularity of personal injury New Jersey cases that more and more people are showing interest to gain knowledge about these cases, so that they can too stay away from the dangers of these life threatening occurrences. However; it is also important to know about personal injuries first, prior to gaining information about personal injury accident claims. Failing which, the person will most likely fail to understand whether they are at all eligible for these types of cases and even if they are, what exactly is their position and chances of winning the case.

What is a personal injury case?

A personal injury New Jersey case is a type of legal case where in a person who has met with an accident caused due to some other person and has been injured mentally or physically due to the accident. These types of accidents may be either intentional or unintentional and may be caused either by a single person, a group of people or some organization. Ranging from meeting with an accident in work place to facing a road accident, every types of accidents which occur as a result of other peoples’ negligence are covered by personal injury New Jersey accident claims.

However, the amount that is settled upon for a particular case may vary, depending on the level of harm that has been caused and the type of personal injury that has been inflicted.

Common types of personal injury claims

The three most common instances in which people claim compensation for the lost they incurred are medical malpractices, road or vehicle accidents and work place accidents.

Medical malpractices

Medical malpractices are used to refer to incidences in which a person is met with a physical or mental loss due to the negligence or inadequacy of the health care practitioner or the health care institute in which the procedure or treatment has been conducted. Some of the most common incidences in which medical practices are brought under the scrutiny or trial are wronged death or wronged physical or mental injuries, wrong prescription of medications, negligence in treatment etc. Personal injury New Jersey claims can be successfully filed against these cases.

Road or vehicle accidents

This is in fact one of the most common types of reasons that stir personal injury New Jersey claims. This reason generally deals with incidences like death, any mental or physical injury like amputation etc that are inflicted by ill-maintained vehicles and negligent vehicle owners and the driver. For instance, a driver who has caused an accident due to overloading the vehicle despite being aware of the load limitations is a case of intentional negligent personal injury New Jersey case. 

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Personal Injury Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272 

Removing Minor Children from the State of New Jersey

New Jersey law provides that when the Court has jurisdiction over a child of parents who are divorced, separated, or living separately, and the child has resided in the state for five years, or was born within the state, a parent cannot remove the child from the state without the consent of the other parent or the Court.  A parent seeking approval of the Court to remove a child from the state must show sufficient cause for the move, and in determining whether to allow the move, the Court will consider the best interests of the child and the visitation rights of the non-custodial parent.

N.J.S.A. § 9:2-2 governs the removal of children under the Court’s jurisdiction from the state of New State. The statute requires the establishment of "cause" to justify removal of a child from New Jersey to another state. The purpose of that requirement is to preserve the rights of the noncustodial parent and the child to maintain and develop their relationship. The Court's job is to balance those rights with the right of the custodial parent to seek a better life for himself or herself. The former requirement of New Jersey law that a custodial parent must prove a real benefit of the move in order to remove the child from the state was modified by the Court in Baures v. Lewis. The Baures Court held that a custodial parent may move with the children of the marriage to another state as long as the move does not interfere with the best interests of the children or the visitation rights of the noncustodial parent. Baures v. Lewis, 770 A.2d 214, (N.J. 2001). This was expanded upon by the Supreme Court in Holder v. Polanski, when it stated that short of any adverse effect on the child and his or her relationship with the non-custodial parent, a custodial parent should enjoy the same freedom of movement as a non-custodial parent. Holder v. Polanski, 544 A.2d 852, (N.J. 1988).

The Baures Court set forth the following twelve factors relevant to the custodial parent’s burden of proving good faith and that the move will not be inimical to the child's interests: 

1. the reasons given for the move;
2. the reasons given for the opposition;
3. the past history of dealings between the parties insofar as it bears on the reasons advanced by both parties for supporting and opposing the move;
4. whether the child will receive educational, health and leisure opportunities at least equal to what is available here;
5. any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location;
6. whether a visitation and communication schedule can be developed that will allow the  noncustodial parent to maintain a full and continuous relationship with the child;
7. the likelihood that the custodial parent will continue to foster the child's relationship with the noncustodial parent if the move is allowed;
8. the effect of the move on extended family relationships here and in the new location;
9. if the child is of age, his or her preference;
10. whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent;
11. whether the noncustodial parent has the ability to relocate; and
12. any other factor bearing on the child's interest.

A custodial parent seeking to remove a child from the state of New Jersey must show a good faith basis for the move, which may include lower cost of living, better employment opportunities, closer proximity to family, or higher education. When assessing the custodial parent’s good faith and the best interests of the child, the Court looks to the twelve factors set forth by the Baures Court. In making a removal determination, the Court will attempt to balance the non-custodial parent and the child’s right to maintain a relationship with the custodial parent’s right to freedom of movement.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Child Support Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808