Law Offices of Michael H. SchreiberLaw Offices of Michael H. Schreiber2024-02-26T18:54:24Zhttps://www.michaelschreiberlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100320/2021/11/cropped-site-identity-32x32.jpgOn Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=492032024-02-16T05:30:01Z2024-02-21T05:29:50Zdebts are divided and the potential impacts on personal credit is essential for anyone navigating through a divorce in this state.
Marital or separate debts
The division of debt in New Jersey starts with identifying which debts are considered marital and which are separate. Generally, marital debt includes any loans or credit incurred by either spouse from the date of marriage to the date of separation. Separate debts, on the other hand, are those that were acquired before the marriage or after separation.
The distinction between these two types of debts is crucial because it determines what each spouse will be responsible for after the divorce. Courts will also consider factors such as the reason for the debt, each spouse’s ability to pay and how assets are distributed when deciding how to divide marital debts.
Impact on credit scores
A divorce decree doesn’t alter the agreements made with creditors. If a person’s name is on a joint account or loan, they remain liable for the debt, regardless of what the divorce settlement states. If an ex-spouse is responsible for a debt post-divorce but fails to make payments, it can negatively impact the other party’s credit score. Late payments, defaults and collections related to jointly held accounts will appear on both individuals' credit reports, potentially lowering credit scores and affecting the ability to obtain new credit.
Credit protection
Close joint accounts or transfer them to individual accounts to prevent additional charges and ensure each party takes responsibility for their debts moving forward. If an ex-spouse isn’t adhering to the agreed-upon debt payments, it may be necessary to take legal action to enforce the divorce decree to protect the other party’s credit history.
Working out a suitable property division settlement that includes all applicable debts is critical. Sometimes, selling joint property to pay off joint debts is a good idea. Working with a legal advisor who can assist with this property division process can help to better ensure that one’s rights and interests are properly accounted for.]]>On Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=492012023-11-10T08:17:34Z2023-11-15T08:17:10ZMissed work due to incarceration
Not every DWI offense automatically leads to a jail sentence, but a significant percentage of them can. A first offense could lead to 30 days in jail. Someone serving a jail sentence could miss weeks of work, which may lead to their employer firing them.
Unreliable attendance
Even those who avoid jail time or serve their sentence without missing work can still lose their job because they miss too much work or start showing up late. A New Jersey judge can suspend someone's driver's license after a DWI conviction. Some people can regain their driving privileges quickly after installing an ignition interlock device (IID), as is the case for first-time offenders. However, others will be subject to a longer loss of driving privileges that could leave them reliant on expensive rideshare services or unpredictable public transportation that makes them late frequently enough to endanger their employment.
Zero-tolerance policies and a criminal record
Some employers have zero-tolerance policies in their employee handbooks or contracts that allow them to fire workers convicted of any type of criminal infraction. Other times, particularly if a job involves driving regularly, companies will terminate a worker after a DWI because they are incapable of performing the same job responsibilities. Even if a business does not outright fire someone after a DWI conviction, the stigma of having a criminal record may slow their career development. People who were on the fast track toward a promotion could find themselves unable to move up at the company or obtain a better job elsewhere because of their criminal record.
The best way to prevent a New Jersey DWI from damaging someone's career involves assertively defending against pending charges. Someone who does not end up convicted won't have to worry about criminal penalties or a criminal record. Learning more about what happens after a DWI in New Jersey may help people see the value in defending against any charges that they may be facing.]]>On Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=491942023-08-08T04:46:55Z2023-08-11T04:46:35ZWhat types of illegal activity are protected under the law?
The law provides immunity from being charged for acquiring, possessing or using illegal drugs or prescription drugs obtained illegally as well as drug paraphernalia. Basically, it’s intended to prevent people from being penalized for their own drug use – not to protect drug traffickers.
The immunity also extends to the “inhaling the fumes of or possessing any toxic chemical” prohibited by law. Further, a person can’t have their parole or probation revoked for a drug-related offense included in the law if their violation was discovered because they sought emergency medical help
When doesn’t the law apply?
The law doesn’t apply to any alleged non-drug-related criminal activity or more serious drug crimes discovered because of a Good Samaritan call. For example, if police discover evidence of a drug trafficking operation, stolen items, illegal weapons or other types of offense, a person can still face arrest and charges. Of course, the fact that this evidence was discovered because a person sought help for someone (or even themselves) could potentially work in their favor when it comes to prosecution or sentencing.
It's important to know the law so that you can better protect your rights. Mistakes can happen. Law enforcement officers can’t always determine precisely what the situation is when they show up at the scene of a drug overdose. If you believe that you or a loved one is wrongfully facing drug charges or that the circumstances of the arrest warrant special consideration, it’s crucial to get experienced legal guidance right away.]]>On Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=491832023-05-18T09:52:42Z2023-05-23T09:52:09ZWhen is a stop-and-frisk lawful?
There have been numerous criminal trials in which the legality of an officer's questionable search of an individual was the key to the entire legal matter. If the only evidence the state has comes from an illegal search, a prosecutor may have to drop the charges if a judge agrees to exclude that evidence from a trial. Clarifying when police officers can frisk someone or search them physically without their consent and when not preparing to place them in police custody eventually became necessary, and the Supreme Court established crucial clarification.
The federal Supreme Court established a rule for what people have since called Terry stops. A Terry stop or stop-and-frisk encounter is typically only justifiable when a police officer has reason to suspect the presence of a weapon that puts them at physical risk. Suspicion of other contraband, including prohibited drugs, or mere presents in a neighborhood with high crime rates would not be justification to physically search someone's person on its own. Some people, unaware of their rights, will give up their basic protection and allow an officer to search them, which might make whatever the officer finds legal to use in court.
Evaluating evidence is important to any criminal defense
The state prosecutor presenting their case in a trial will need compelling evidence to secure a conviction. Only when there is proof beyond a reasonable doubt will a jury convict someone of a crime. The ability to exclude certain evidence from a trial can make a major difference in someone's chances of mounting a successful criminal defense.
Seeking legal guidance to learn more about the rules that apply to police encounters can help those who have been recently arrested prepare effectively for criminal court.
]]>On Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=489742023-02-22T18:44:27Z2023-02-24T18:44:06Zrecovery courts – has introduced an invaluable alternative to the traditional criminal adjudication process. These courts offer a unique form of pretrial diversion that can change lives for the better.
Someone accused of a non-violent offense related to substance abuse can potentially ask to attend drug court proceedings instead of defending themselves in criminal court. In criminal court, when someone pleads guilty, they are at the mercy of a judge who will sentence them to criminal penalties if they are convicted.
In recovery court, the defendant acknowledges certain misconduct while asking for support to address an underlying substance abuse disorder. Here are some of the benefits of opting for a recovery court process if you qualify to take advantage of this option.
1. You’ll avoid a criminal record
You don't actually plead guilty in drug court in the same way that you would in the criminal courts. Provided that you complete the program successfully, there won't be a conviction on your permanent record. Especially for those for whom this was their first arrest, recovery court can help them limit the impact of their actions for the rest of their lives.
2. There are no criminal penalties
Drug offenses often lead to license suspension, jail time and fines. While there are many requirements associated with fulfilling drug court obligations successfully – including educational programs and substance abuse counseling – those requirements will not involve incarceration. Individuals can avoid the trauma frequently associated with prison and reduce the financial consequences of their criminal charges as well, simply by opting for drug court instead of a traditional criminal proceeding.
3. Defendants can regain control over their lives
Those struggling with drug addiction or alcoholism may feel like they have no control over their lives. They may feel powerless to create any meaningful change. Recovery courts can help give people their feeling of personal control back by assisting them in understanding and overcoming their substance abuse issues. The requirements of drug court help to facilitate sobriety and may even give someone the tools they need to maintain their newfound sobriety indefinitely.
Reviewing your criminal record and current accusations carefully can help you determine if the New Jersey drug courts might be a viable alternative in your case. Speaking with a legal professional can also help you to clarify your options.]]>On Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=489732022-11-04T06:13:17Z2022-11-09T07:11:58ZStart protecting your finances immediately
Typically, it’s wise to start separating your finances and putting away money of your own. That means opening a checking account in your name only and having your paychecks and other money that’s solely yours deposited there. If you don’t have a credit card that’s only in your name, get one.
You’ll need to collect as much documentation of your spouse’s spending on gambling as possible. This can include ATM withdrawals at Atlantic City casinos, credit card charges from online gambling sites, withdrawals from a 401(k) plan you didn’t know about and more. You will also be advised to get copies of:
Bank, retirement account and investment account statements
Credit card statements
Insurance policies
Tax returns
Pay stubs
Loan/line of credit documents
If you have a prenuptial or postnuptial agreement, this may further protect you from having to take responsibility for your spouse’s gambling debts
Having a forensic accountant or financial advisor (not one you share with your spouse) on your team may be worth the investment to help quantify the amount your spouse has spent on gambling over the years. It could be far more than you even realize. If you can show “dissipation of assets,” or wasteful spending, this will be considered by the court in determining your share of the marital assets as you divorce.
While divorces where a serious gambling problem is involved have some sad similarities, each one is unique. That’s why sound professional guidance is crucial to protect yourself as you move forward.]]>On Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=489642022-08-22T10:20:08Z2022-08-25T10:17:10ZQuestioning the traffic stop
Whether you got arrested as part of a mass enforcement effort or a one-on-one traffic stop, the officer needs to have a legal justification for stopping you and then for screening you for signs of impairment. When a police officer didn't have probable cause to pull you over in the first place, any evidence gathered during the traffic stop may not be useful in criminal court proceedings.
Challenging the chemical testing results
Did you know that there is significant evidence about issues that can cause false positives on breath tests? There are some courts and judges who won't even hear cases if the only evidence the prosecutor has is a failed breath test.
When your driving was overall acceptable and you insist that you did not have too much to drink, you could potentially challenge the chemical breath test results and get the courts to exclude them from your trial.
Explain why you failed the test
Did you just find out that you have type 2 diabetes but have yet to start taking medication for it? You may have been in a state of ketoacidosis during the traffic stop that would have affected your breath test results. Severe anxiety or even certain neurological conditions may have made you look impaired to an officer when you were in fact perfectly safe to drive. Showing how a medical issue led to your arrest can be a viable defense strategy.
There are certainly other defense strategies that can also work, but these three are the most commonly used successful defense strategies. Understanding how others fight back against DWI charges can help you protect yourself from criminal penalties.]]>On Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=489612022-06-02T13:01:31Z2022-06-07T13:00:00Z
Assaults on the police
The sexual exploitation of children
Gun crimes
These and other types of violent offenses or offenses committed while on release could result in a person having to pay bail or getting no opportunity for bail at all.
What is the purpose of New Jersey’s changes in the bail procedures?
Other than certain categories of offenses, the goal is to keep people out of jail to reduce the population awaiting trial. Attorney General Christopher S. Porrino said in May 2017 that the new system has been effective, making sure that detention was an option for recidivist offenders and violent offenders of certain kinds while avoiding the expense of housing nonviolent offenders pending trial.
The new changes replaced a cash-bail system with one that approaches bail by looking at risk. The courts assess who is likely to commit another crime, obstruct justice or flee. Once it’s determined if someone is nonviolent and likely to appear in court, it’s possible to release them without cash bail.
There are some presumptions in this system. For example, there is a presumption that pretrial detention will be sought for people accused of third- or fourth-degree offenses. There is also a presumption that the police and the prosecution will seek out a complaint-warrant when there is an FTA or NCA score of 3 or higher, which varies from the original requirement of 4 or higher.
The bail system can be confusing for some people. If you’re facing criminal charges, it’s worth learning more about your options and if you could walk free while awaiting your trial.]]>On Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=489532022-02-17T20:54:21Z2022-02-23T20:52:25Zsleep divorce has recently gone viral, for good reason. Couples have started to admit that they sleep in separate rooms as a way to preserve their marriages. By choosing a sleep divorce, some people can save their daytime relationships.
Sleep deprivation is a serious issue
When you don't get enough sleep, every aspect of your life suffers. Your cognition and work performance will decrease. Your mood will be worse, and your lack of sleep could exacerbate pre-existing medical conditions.
Chronic lack of sleep can have a negative impact on your interpersonal relationships and your mental health. Sometimes, your spouse might be to blame for you not getting enough sleep. Maybe they constantly toss and turn at night, waking you every time they adjust themselves. Perhaps they snore or have a medical condition like sleep apnea.
When their actions at night affect your ability to sleep, you may get into more fights. You may also grow to resent them for their negative impact on your overall quality of life. Little issues that you may have previously ignored may suddenly seem like insurmountable relationship obstacles. Agreeing to sleep in separate rooms for the foreseeable future could do wonders for your physical and mental health. It could also take the strain off of the relationship.
Maximize the benefits of your sleep divorce
Agreeing to sleep in separate rooms can lessen many of your marital tensions, but it won't necessarily fix everything. Addressing the other issues that your lack of sleep has highlighted, such as issues with communication or incompatible daily schedules, can help you.
You might be in a position to negotiate a marital agreement with your spouse so that you can address those conflicts now and have a happier marriage in the future. If you do end up filing for divorce after trying the separate bedrooms first, your marital agreement would lead to an easier and less antagonistic process.]]>On Behalf of Law Offices of Michael H. Schreiber, L.L.C.https://www.michaelschreiberlaw.com/?p=489432021-12-14T09:14:44Z2021-12-17T09:13:54Zresult in drug charges that are punishable by up to five years in prison and a $25,000 fine. Further marijuana reform measures may arrive in the coming years, but in the meantime, police will be on the lookout for marijuana grow operations.
Signs of cultivation
A number of sights and sounds may raise suspicions that someone is growing marijuana in their home. Some of these signs include:
Condensation on windows: Marijuana plants require a lot of water, some of which tends to condense on windows. Some people cover their windows to hide this excess moisture, an act that in itself can raise suspicions. Of course, people have every right to cover their windows for any reason at all. And moisture may have an explanation that has nothing to do with growing cannabis.
Unusual machinery noise: Marijuana operations also require a lot of power. A spike in a power meter is a telltale sign of a grow operation, which is why growers often use their own power generators. These generators, as well as sprinklers and other equipment, can make a lot of noise, which may draw the notice of neighbors and passersby. Is there an innocent explanation for such noise? Of course. Many kinds of power tools and equipment make the same kind of noises as those coming out of a grow house.
People coming and going at odd hours: An actual grow operation may have buyers showing up at odd hours. Again, there may be an innocent explanation, and it's generally nobody's business but the homeowner who visits their house.
Remember, suspicions and gossip regarding marijuana cultivation are not proof of anything. If you have been accused of operating a grow operation or even a growing single cannabis plant, you are innocent in the eyes of the law until proven guilty.]]>