In this issue:
1-Consequences of a Criminal Guilty Plea
2. Herniated disc, slipped disc, pinched nerve and personal injury cases
3. Order to Show Cause in Probate
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1-Consequences of a Criminal Guilty Plea
If Superior Court criminal cases, the Judge will require the defendant or read and sign a form to acknowledge the following:
1. Do you understand that before the judge can find you guilty, you will have to tell the judge what you did that makes you guilty of the particular offense(s)?
2. Do you understand that if you plead guilty: You will have a criminal record?
3. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
4. If the offense occurred on or after March 13, 1995 and the sentence is to probation, or the sentence otherwise requires payments of financial obligations to the probation division, you must pay a transaction fee of up to $2.00 for each occasion when a payment or installment payment is made.
5. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
6. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
7. If the crime occurred on or after January 9, 1997 you must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
8. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
9. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
10. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
11. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
12. You must wait 5-10 years to expunge a first offense. 2C:52-3
13. You lose the presumption against incarceration in future cases. 2C:44-1
14. You may lose your right to vote.
Many of theses penalties are also applicable in municipal Court cases. More information at on criminal penalties at http://www.njlaws.com/consequences_of_a_criminal_guilty_plea.htm
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2. Herniated disc, slipped disc, pinched nerve and personal injury cases
What's a herniated disc, pinched nerve, bulging discs?
According to www.spine-health.com, there are many different terms to describe spinal disc pathology, and all are used differently by different healthcare practitioners. Some examples of terms used to describe spinal disc abnormalities include:
* Pinched nerve * Sciatica * Herniated disc (or herniated disk) * Bulging disc, ruptured disc, or slipped disc * Disc protrusion * Disc degeneration (or degenerative disc disease) * Disc disease
There is no agreement in the medical field as to the precise definition of any of these terms. Often the patient hears his or her diagnosis referred to in different terms by different practitioners and is left wondering if there is any consensus on what is wrong. see http://www.spine-health.com/topics/cd/d_difference/diff01.html
Rather than focus on the terminology referring to spinal anatomy, it's most helpful for patients to focus on understanding the clinical diagnosis. It should be kept in mind that all the terms - herniated disc, pinched nerve, bulging disc, slipped disc, ruptured disc, etc. - refer to radiographic findings seen on a CT scan or MRI scan (x-rays can indicate disc degeneration but cannot actually image the disc itself). While radiographic findings are important, they are not as meaningful in determining the source of the pain (the clinical diagnosis) as the patient's specific symptoms and the spine specialist's findings on physical exam.
Clinical diagnosis The key factor in the clinical diagnosis is to determine if the patient has pinched nerve or if the disc space itself is generating the pain.
1. Pinched nerve. A pinched nerve will generate radicular pain (nerve root pain or sciatica). 2. Disc pain. If the disc itself is painful, then this will generate either referred pain or axial pain.
More information on herniated disc on our new website article at
http://www.njlaws.com/herniated_disc_slipped_disc_pinched_nerve.htm
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3. Order to Show Cause in Probate
Under New Jersey Law, the people selected as an executor of a Will have numerous legal responsibilities following the death of the person who signed the Will. Primarily, they have a duty to probate the Will, liquidate assets, pay bills and taxes, file all necessary tax returns, file paperwork with the surrogate, then distribute the assets to beneficiaries. If there is no will, someone can petition the surrogate to be appointed as "administrator" of the estate.
In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, occasionally the Executor simply fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney to file a complaint, and an Order to Show Cause in Probate in the Superior Court.
COMPLAINT TO COMPEL FOR ACCOUNTING BY EXECUTOR OR ADMINISTRATOR
A Complaint to Compel Accounting is filed with the Probate Part to request on accounting, removal of the current executor and selection of a new person to administer and wrap up the estate. A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, plus to appear before the court at a specific date and time. As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $200-$310 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.
EXECUTOR'S COMMISSIONS
Executors are entitled to receive a commission to compensate them for work performed. Under NJSA 3B:18-1 et seq. Executors, administrators and other fiduciaries are entitled to receive a commission on both principal of the estate, and income earned by assets. However, if you have evidence the executor has breached their fiduciary duties or violated a law, your Superior Court accounting complaint and Order to Show Cause can request that the commissions be reduced or eliminated.
SALE OF REAL ESTATE AND OTHER PROPERTY
Occasionally, a family member is living in a home owned by the descendant. To keep family harmony, often this family member is permitted to remain in the home temporarily. However, it sometimes later becomes clear that the resident has no desire on moving, and the executor has no intention to make them move or sell the house. The remedy a beneficiary has can be to have your attorney file in the Superior Court a complaint to include a Count to: 1) remove the executor 2) remove the tenant and make them pay rent to the estate for the time they used the real property since death without paying rent 3) compel the appraisal of the home and thereafter sale of the property 4) make the executor reimburse the estate for the neglect or waste of assets.
COURT RULE 4:84.
In any case in which, under R. 4:82, the Surrogate's Court may not act, any person in interest may file a complaint and apply for an order directed to all other interested parties to show cause why the relief sought should not be granted.
More information at on the Probate on our new article at http://www.njlaws.com/order_to_show_cause_in_probate.htm
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New articles on website:
Medical Negligence/Medical Malpractice
http://www.njlaws.com/medical_negligence-medical_malpractice.htm
Retainer Agreements and Fees Charged by Attorneys
http://www.njlaws.com/retainer_agreements_and_fees_charged_by_attorneys.htm
Preparation for Civil Trial after Arbitration or Mediation
http://www.njlaws.com/preparation_for_civil_trial_after_arbitration.htm
2C:36-6 Hypodermic syringe or needle
http://www.njlaws.com/hypodermic_syringe_or_needle.htm
If You Are Hurt In An Accident, We Can Help
If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
NEW PHONE 732-572-0500
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