South Jersey Law Blog

Defending Driving with No Insurance in New Jersey

Posted by Greg DeMicheleApr 03, 20120 Comments

In an unpublished opinion the New Jersey  Appellate Division recently clarified the availabel defenses to Driving Without Insurance N.J.S.A. 39:6B-2.  In the case of State of New Jersey v. Robert Jager, the Defendant was convicted of Driving Without Insurance appealed his conviction. According to...

Parents Rights to Name and Re-name Children

Posted by Greg DeMicheleMar 21, 20120 Comments

Which parent has the right to name and re-name a child is a question that the New Jersey courts are answering with seemingly more frequency. Recently, our Appellate Division ruled in Emma v. Evans that there is no presumption in favor of the Parent of Primary Residence “PPR” (Mother) when seekin...

Is My Alimony Payment Tax Deductible?

Posted by Richard DeMicheleMar 19, 20120 Comments

This year the tax filing deadline is April 17, 2012.   This dreaded date is now less than a month away and we are in the height of tax season.  It is the time of year where everybody is looking for every possible deduction.  Inevitably someone will ask, “Are my payments to my ex-spouse or soon to...

American Bar Association Midyear Meeting Report

Posted by Richard DeMicheleMar 15, 20120 Comments

Throughout my legal career I have been honored to serve in various leadership capacities for various Bar Associations.  Currently, I serve as the Camden County Bar Association's delegate to the American Bar Association's House of Delegates.  As part of my duties I attend the midyear and annual ...

NJ Pretrial Intervention Can Delay an Expungement.

Posted by Greg DeMicheleFeb 29, 20120 Comments

The dismissal of criminal charges due to the successful completion of pretrial intervention does not automatically make a defendant eligible for an expungement. In the unreported decision of In the Matter of the Expungement of the Criminal Record of R.K. the New Jersey Appellate Division upheld ...

I’d Like to Thank the Academy

Posted by Richard DeMicheleFeb 26, 20120 Comments

Tonight Hollywood shines a little brighter. Millions of people around the country will tune in to their “small screens” to see who wins best picture, best actor and best actress. The Nominees for the 84 th Academy Awards are: Picture The Artist, The Descendants, Extremely Loud & Inc...

Retirement Does Not Necessarily End Alimony.

Posted by Richard DeMicheleFeb 24, 20120 Comments

In New Jersey permanent alimony continues until such time that a court orders it to stop. Alimony awards are modifiable based on a change in circumstance. In most cases, retirement constitutes a change in circumstance.  However, just because there is a change in circumstance does not mean that th...

DUI Conviction Upheld on Continuing Jurisdiction

Posted by Greg DeMicheleFeb 23, 20120 Comments

In a published opinion, the Appellate Division determined the jurisdictional limits of the Municipal Court.  In State v. Silva the defendant was charged driving while under the influence, N.J.S.A. 39:4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. The facts of this case are ...

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