The Alcotest Centralized Statewide Database is Fully in Compliance In what can only be deemed a blow to those charged with DWI in new Jersey, the New Jersey Supreme Court released it's latest order in the State v. Chun case. You can read the text of the Chun Order here. In this case the defe...
Will the Statue Requiring Palimony Agreements to be in Writing be Applied Retroactively? We have written extensively about the state of palimony law in New Jersey. In February of this year we discussed the Beverly Maeker v William S. Ross decision and whether an oral palimony agreement that pr...
Client Avoids Jail After Receiving Treatment for Alcohol Recently, one of our clients was charged with two very serious offenses: 2C:29-1B (Obstructing administration of law or other governmental functions) and 2C:33-2A(1) (Disorderly Conduct) in Atlantic City Municipal Court. 2C:29-1B (Obstruct...
Understanding When the Ten Year Step Down Applies DWI law in New Jersey is complex. When it comes to DWI sentencing in New Jersey, having a complete understanding the “ten year step down rule” is essential. The 10 year step down rule allows a second DWI conviction to be treated a a first conv...
DeMichele & DeMichele Honors the Memory of Americans Lost On 9/11 in New York, Virginia and Pennsylvania Today marks the 12th anniversary of the September 11, 2001 terror attacks. 746 New Jersey residents lost their lives that day. Hundreds more died at the World Trade Center, the Pentagon in No...
TV: DeMichele & DeMichele Shareholder Debates the Broad Implications of the ‘Stop and Frisk' Political, Court Challenges in New York City Our own Rick DeMichele, Jr. appeared on WMCN44's Dom Time television program on Monday night to discuss the ongoing “stop and frisk” controversy in New York Ci...
Planning Your Ideal Holiday Demands Extra Forethought in the Post-Divorce Reality I know it's only September 6th. You're still dusting beach sand off of your sandals, the backyard pool isn't closed yet and haunted hayrides are still at least one month away. But as this morning's unseasonably cool...
Texting and the evolving New Jersey Law Last week I had the opportunity to speak with KYW's Dave Madden about the implications of texting someone who is driving after the Kubert v Best decision. Many of the firm's clients and my friends heard the radio interview and were kind enough to let me ...
Monmouth County Assemblywoman to Introduce New Legislation in Aftermath of Controversial Texting Ruling from New Jersey Appellate Court One of this week's most widely-discussed news stories — both in New Jersey and nationwide — originated from a New Jersey Appellate Court. You'll recall that two ...
Failing to Keep Right Fines Have Doubled for Those Riding in the Left Lane for Purposes Other Than Legal Passing Garden State schools are back in session around New Jersey this week. That means increased traffic volume during commuting hours and, along with the stress associated with a tough morn...
Transferring the Formal Marital Home Using a Quitclaim Deed We are often asked, “Can you prepare a ‘quickclaim' deed for me?” Actually the term is a “Quitclaim” and not a “Quickclaim” but since the two sound so similar many people use the wrong term. I always chuckle (to myself) when I hear so...
KYW's Dave Madden Gets Rick DeMichele's Thoughts on New Texting and Driving Decision in New Jersey Yesterday the New Jersey Appellate Division released it's decision in the Kubert vs. Best case. The case dealt with civil or tort liability of a sender of a text message to a driver of an automobi...
DeMichele & DeMichele, P.C. would like to once again congratulate our very own Gregory P. DeMichele, Esq. for being recognized as a 2013 “Top Attorney” by South Jersey Magazine. You can read the full article at sjmagazine.net. Greg has now been recognized as a top South Jersey municipal court l...
The New Jersey Supreme Court in State v. Walker recently ruled that the warrantless search and seizure of the Defendant was permissible. In this case, undercover police officers observed the Defendant smoking a marijuana cigarette at which time he fled inside his apartment. The police followed...
Assemblyman Representing Portions of South Jersey, Jersey Shore Introduces Legislation to Implement Child Support Accuracy Standards Ordering a child support obligation into being is one thing; collecting it is another. That's why we adopt a holistic approach here at the Jersey Legal blog and end...
What Happens When One Parent Wants to Compel the Other Parent to Pay for a Day Care or Summer Camp? Calculating child support consumes a significant portion of any New Jersey family attorney's time and, as I explained last week, online child support calculators should never be relied on for accur...
ARRIVING AT A NEW JERSEY CHILD SUPPORT AWARD CAN PROVE A COMPLICATED CALCULATION DEPENDING UPON THE FACTS OF YOUR CASE Child support in New Jersey is calculated pursuant to the New Jersey Child Support Guidelines set forth in Court Rule 5:6A. To say that the Guidelines are complex is an understat...
Mediation in the Divorce Context Remains Controversial on Both Sides of the Atlantic Ocean Divorce mediation isn't for everyone but an increasing number of divorcing New Jerseyans are experimenting with this option in order to try to save time and money. Nevertheless, the process of divorce medi...
The Stakes Can Be High for “Late in Life” New Jersey Divorcees and Newlyweds; Taking the Right Steps Can Make All the Difference Most family law attorneys will tell you that custody disputes are among the most costly and difficult ordeals that divorce litigants need to face. While I would certai...
Due Process is a term we hear often enough, but what does it mean? Webster's web site tells us that Due Process is “Legal proceedings carried out fairly and in accord with established rules and principles. Due process standards are sometimes referred to as either substantive or procedural. Su...
Parent Receiving SSI, TANF Benefits May Still Have to Pay Child Support in New Jersey The logo of the Social Security Administration (SSA) which administers many federal benefits programs including the Supplemental Security Income (SSI) program. A common misconception encountered by family law a...
My advice: Hire the best DWI attorney you can! You have a problem! You have been arrested and charged with DWI in a New Jersey Municipal Court. You are not sure of the DWI consequences but you know you need the help of a lawyer. You are not sure where to begin to hire a competent and experienc...
The Child Support Guidelines Do Not Apply in All Circumstances First-time family court litigants are often dismayed to learn that the Court considers their gross income (as opposed to net or “take-home” pay) when calculating child support. That does not mean that “net” income doesn't matter. In f...
Controversial Videotaped Checkpoint Stop Demonstrates Complexities of DUI/DWI Law One 4th of July weekend DUI/DWI checkpoint in far away Tennessee has made national news over the weekend when a motorist hid a camera in the passenger seat and decided to test the extent of his constitutional rights...
Celebrating America's 237th Birthday Everyone at DeMichele & DeMichele wishes you and yours a very happy Fourth of July 2013! We hope that you safely enjoy your barbecues, parades, concerts, fireworks, family fun and beach time. Today is also an ideal opportunity to remember the profound sacrif...
