2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, May 20, 2008

NJ Laws Email Newsletter E274 - May 20, 2008

In This Issue
1. Memorial Day Remembrance

2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com)

3. Will Appointments (New article on website www.njlaws.com)

4. Two step police interrogation invalid., State v. O'Neill (Recent case)

5. No trial without defendant unless defendant willfully absent., State v. Luna (Recent case)

6. Can't Be Convicted of "Attempt" to Commit a DP., State v. McGrath

7. This week's events


1. Memorial Day Remembrance.

This week has been designated as Armed Forces week. Every American should pause for a moment and say a prayer for those brave men and women who are serving in our armed forces. Whether they are on the battlefield, or serving stateside, they are protecting the freedoms we hold so dear. Whether they are active, reserve or National Guard, they deserve our respect. Regardless of our own personal opinions on various policies and conflicts, we need to stand together and in one united voice say "THANK YOU."

This brings us to the final holiday in May. Memorial Day is an occasion where we once again honor our military, but in a different light. We pause on this day to remember those soldiers who paid the ultimate price for our freedom. I sincerely hope every person finds some way to participate in the Memorial Day ceremonies in their own communities.

The Edison Memorial Day Parade is Sunday.
The Metuchen Memorial Day Parade is Monday, starting on Main Street in Metuchen.


2. FRO Final Restraining Order in Domestic Violence Cases (New article on website www.njlaws.com).

New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault. Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence. Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order.

More info at http://www.njlaws.com/fro.htm

3. Will Appointments (New article on website www.njlaws.com).

Please call our office during business hours to make an appointment for a confidential appointment.

To help provide better service and answer your questions, please fill out our Confidential Will Questionnaire on


You may want to fax or mail the interview sheet to our office prior to the appointment.
You should bring to the appointment:
1. The completed Will Questionnaire Sheet
2. Your questions written out.
3. All papers you have in connection with your Will. (Prior Wills, Living Wills, Powers of Attorney, etc.)
4. If available, you may want to bring:

Deed to Real Estate, Copy of Real Estate Tax Bills, Health Insurance Policy, Existing Nursing Home Contract (if any), Existing Life Insurance Policies, Life insurance paperwork indicating the face value, death benefit, and cash value with respect to the policy, Copies of all current bank statements, Copies of all Series E or EE bonds, Most current statement from Stockbroker, Most current Mutual Fund statements, Most current statement for IRA account, Most current statement of Qualified Retirement Account (Non-IRA), Complete copies of any Annuities, Copies of any Notes or Mortgages Receivable by you.

The scope of the services we anticipate performing for you are as follows:
1. Will review and update, if appropriate.
2. Living Will review and update, if appropriate.
3. General Durable Power of Attorney review and update, if appropriate.

At our initial meeting, we will discuss the matter, and provide a written retainer statement. I will quote you a fixed fee for the projected legal work. This way you will know at the beginning what your costs will be. Clients can now pay fees by check, Visa, MasterCard, American Express, Discover, cash or money order. Once retained, we will represent your interest vigorously.

As you might imagine, we have many requests for appointments and our schedule is very full. Therefore, we ask that you make every effort to keep your appointment. If, for some reason, you are unable to do so, please notify us at least 48 hours in advance by calling 732-572-0500.
More information at


4. Two step police interrogation invalid., State v. O'Neill __ NJ __ NJ Supreme Court (A-79-06) 12-20-07(Recent case).

As a matter of state law, when Miranda warnings are given after a custodial interrogation has already produced incriminating statements, the admissibility of post-warning statements will turn on whether the warnings functioned effectively in providing the defendant the ability to exercise his state law privilege against self-incrimination.
5. No trial without defendant unless defendant willfully absent State v. Luna __ NJ __ NJ Supreme Court (A-68-06) 12-19-07 (Recent Case).

It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.
6. Can't Be Convicted of "Attempt" to Commit a DP. State v. McGrath NJ Super. (App. Div. Decided August 3, 2007) A-3297-05T1. Not Approved For Publication.

It is not possible to infer that defendant knowingly waived his right to be present at trial because the trial court did not conduct an inquiry to determine whether defendant willingly absented himself. For that reason, defendant's convictions must be reversed.

7. This Week's Events:

Friday, May 23 Join Ken V and friends for the Memorial Day Friday for "Legends of Belmar" night, with stops at John C's beach house, happy hour at D'Jays, then Bar A & Columns The Official start of summer! Call Ken V if attending 732-572-0500

May 24 Spring Lake 5 mile 5M, 8:30 Spring Lake Spring Lake NJ followed by volleyball at Bar A. Free food and discount drinks. Thank you Bar A.

Thank you for reading our newsletter! God Bless America USA #1

Our updated law blogs:

NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

NJ Drug Law Blog - http://drugarrest.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor

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Editor's Note and Disclaimer:

All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.



2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court