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The New Jersey Appellate Division recently decided in State v. Simms that a defendant who was arrested by the police in a murder case should have been informed of the precise charge he was facing in order to properly waive his Miranda rights. The arrest was based on the police officer’s determination of probable cause to believe the defendant committed a murder. What this means is that once arrested, the police must tell a person...

When you lose your job unfairly due to discrimination or workplace harassment, it can put you in a difficult financial place. It can also leave you with a lot of questions, some of which an employment lawyer may be able to answer for you. Consider these questions as you prepare for your upcoming appointment with an employment lawyer. When Do You Need an Employment Lawyer? If you were recently dismissed from your job due to...

The holiday season means parties and dinners; holiday parties and dinners also mean opportunities for alcohol consumption. Unfortunately, some people will choose to get behind the wheel after having drinks at a holiday party or dinner. New Jersey takes drinking and driving very seriously, and can impose significant criminal consequences for those involved in driving while intoxicated on the roads of New Jersey. Risks of Drinking and Driving Under New Jersey law, a non-commercial driver...

When you come down with a cold or flu, you’re not worried about losing your job. Even if you get injured during the course of your employment, you find comfort in knowing that you have access to workers’ compensation coverage to help you get by. But when you are diagnosed with COVID-19 and are faced with a mandatory quarantine period, you may begin to ask yourself if your job is at risk. The good news...

Most states do not offer the right to trial by jury for minor traffic violations such as speeding or running a red light/stop sign. Instead, if you choose to contest a traffic ticket, your case will be decided by a judge rather than a jury in a process known as a “bench trial.” If you’ve received a traffic ticket, you should familiarize yourself with what you might expect in traffic court. Differences Between Traffic Court...

The Conscientious Employee Protection Act, or CEPA, is New Jersey’s employee whistleblower protection law. CEPA protects New Jersey employees who engage in whistleblowing activity from retaliation by their employers, including being fired, demoted, passed over for promotion, given undesirable assignments, or harassed. Whistleblowing activity under CEPA includes objecting to something in the workplace that the employee reasonably believes violates the law or public policy. What Kinds of Actions Does CEPA Protect from Retaliation?...

Having a DWI charge on your record can negatively affect many different areas of your life. A DWI can lead to jail time, probation, expensive fines, and even a permanent record that can impact your career and living options. Fortunately, if you are facing DWI charges in New Jersey, there may be options available to contest. What Does It Mean to Contest Charges? Contesting charges means that you are opposing them. It means that you...

A new expungement reform law (P.L. 2019, c.269), signed into law on December 18, 2019, takes effect today. Perhaps most importantly, the new law extends eligibility to many who previously were not eligible. Previously, an expungement applicant generally would be ineligible if convicted of distribution and possession with intent to distribute involving marijuana where the quantity was over 25 grams, or involving hashish where the quantity was over 5 grams; or for distributing or possession...

Many employees often have questions about their legal rights. They might wonder when, and for what reasons, they can be terminated from their current job. If they are terminated, they might wonder whether or not it was legal to do so. Many states follow at-will employment laws, which means in most cases, an employer can terminate an employee without reason. What Does At-Will Employment Mean? An at-will employment state essentially means that an employer can...

Employment discrimination encompasses a wide variety of different aspects. When an individual is treated differently or less favorably for any reason, discrimination in the workplace has taken place. Under laws enforced by the EEOC, there are worker protections that assist workers who have fallen victim to unfair treatment, harassment, denial of a reasonable workplace change, and many other factors. During the COVID-19 pandemic, workers have also faced discrimination in the workplace, a level of discrimination...