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New Jersey DWI / DUI Lost Videotape Issues
7 Nov 2009, 7:08 am
Div. 1992), the court held that dismissal of a DWI case was not warranted for failure of the municipal prosecutor to provide discovery in response to demand filed by defense counsel with the municipal court, where prosecutor claimed that he did not know of demand until date of trial, and request could have been sent to municipal prosecutor's private office. [read post]
New Jersey Criminal Defense Attorney Blog - http://www.newjerseycriminaldefenseattorneyblog.com/
The support award will be decreased to the extent it is unnecessary to maintain the standard of living of the dependent spouse
5 Nov 2009, 8:42 am
DONET V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order to impute income, the court must make a finding that the party is voluntarily underemployed without just cause
5 Nov 2009, 8:34 am
DONET V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Expert testimony is essential to determining the accuracy and trustworthiness, and therefore admissibility, of the particular GPS device used in a case
4 Nov 2009, 6:41 am
As noted by the Court of Appeals, “malfunctioning GPS devices are not unknown to this court. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While a pro se litigant who fails to abide by court rules is not entitled to greater rights than one represented by counsel, he is still entitled to procedural due process
2 Nov 2009, 7:53 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey Police Blotter: Numerous Essex and Morris County DWI Arrests in the News
29 Oct 2009, 7:52 am
The woman, a resident of North Bergen, was transported to police headquarters where she was charged with possession of CDS marijuana, possession of drug paraphernalia, expired registration and failing to exhibit her driver's license and released pending a municipal court hearing. [read post]
New Jersey DWI Lawyer Blog - http://www.newjerseydwilawyerblog.com/
Where a course of performance is inconsistent with the language of an agreement, which one party claims to be erroneous, a court may look to the course of performance to determine the parties’ intent and understanding and construe and reform the
28 Oct 2009, 10:21 am
ROD V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The power to reconsider an earlier order rests with the trial judge’s discretion
28 Oct 2009, 8:10 am
MADDEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties provided in their interspousal Agreement that they would bear the expense of their children’s education and did not require their children to contribute to their education, this factor is no longer applicable to the issues befo
28 Oct 2009, 2:59 am
Supreme Court has required courts to consider a son’s or daughter’s efforts to fund their own education, Newburgh v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Alimony modifications are not intended to allow a dependent spouse to share in the post-divorce good fortune of the supporting spouse
27 Oct 2009, 11:20 am
Cesare v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For and during the time that any judgment for divorce from bed and board shall remain in force and effect all property rights of the parties shall be as though a judgment of absolute divorce or dissolution had been entered
27 Oct 2009, 8:35 am
See Mueller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial courts are mandated by statute to proceed in a summary manner in domestic violence cases within ten days of the filing of a complaint; however, the ten-day provision does not preclude a continuance where fundamental fairness dictates allowing a def
26 Oct 2009, 10:42 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge is required to make findings of fact and conclusions of law on every motion decided by a written order that is appealable as of right
22 Oct 2009, 1:38 pm
McCREA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A relevant factor to be considered by the motion judge on an application for counsel fees is whether a litigant has acted in bad faith
21 Oct 2009, 1:52 pm
Yueh v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court cannot consider issues such as college contribution in a vacuum and disregard substantial economic benefits and financial resources inuring to the benefit of a parent as a result of a remarriage
21 Oct 2009, 11:05 am
As the court held in Hudson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order for a court to find that a defendant committed an act of harassment, the court must find that the person had a conscious objective to harass the plaintiff
20 Oct 2009, 9:00 am
As the Supreme Court explained in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Megan’s Law as it applies to juveniles
17 Oct 2009, 5:04 am
See also Doe v Poritz, 142 N.J. 1, 74 (1995); R. 2:11-3(e)(2). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The N.J. Supreme Court justices ponder the effect of a litigant’s untimely demise on his right to assert equitable remedies
16 Oct 2009, 6:16 am
The question in Kay v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Regardless of likely duration, a change in actual income, without more, is not determinative because ability to pay support is a function of the party’s assets and the income that he or she could derive from personal attention to business
16 Oct 2009, 4:40 am
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
By statute, parents are presumptively required to provide for the financial support of their unemancipated children
14 Oct 2009, 9:31 am
SEWELL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues