Blog

20April

No Miranda warnings required when asking location of a gun

As a New Jersey criminal lawyer, clients often complain that the police did not read them their Miranda rights before arresting them. Failing to read a person his/her rights may lead to the judge eventually throwing out critical evidence (perhaps even the whole case), but the Appellate Division recently held in State v. Melendaz, 423
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19April

Is a church liable for a broken sidewalk?

As New Jersey personal injury lawyers, we are frequently asked by clients if they have a case for personal injuries due to a trip and fall accident on a broken sidewalk. According to New Jersey law, private residents who own a sidewalk, which is for the use of the public, are not generally liable for
  • Posted by admin  Posted on 19 Apr  0 Comments
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19April

Admission to PTI bars a civil rights claim against police

Under the civil rights laws, specifically 28 U.S.C. 1983, a person can bring a civil suit against police and the municipality for violating a person’s civil rights and causing injuries. For example, if police use excessive force when making an arrest and injure a person, that person may have a case against the police for
  • Posted by admin  Posted on 19 Apr  0 Comments
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26March

Motorcycle Season Spring 2012

Motorcycle season has come a little earlier this year to us in the New Jersey / New York area thanks to Mother Nature and a lack of snow and salt on the roads.  All of us who ride understand the risk inherent in motorcycle riding, but in the early parts of the season, we often
  • Posted by admin  Posted on 26 Mar  0 Comments
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02March

NJ Legislature Moves Claims for Car Accident Injuries to the Head of the Line

In New Jersey, if you have your own auto insurance and are injured in a car accident, it is your own insurance company that pays for your medical treatment.  This is known as No Fault insurance, i.e. regardless of fault, your insurance company pays. The system generally does not effect your personal injury claim, if
  • Posted by admin  Posted on 02 Mar  0 Comments
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01March

Lab Report Not Admissible On Its Own

In the case of Bullcoming v. New Mexico, 131 S.Ct. 2705 (2011) the United States Supreme Court recently held that a lab report in a drunk driving case is not admissible on its own.  In other words, if a person is charged with DWI, the prosecutor cannot simply show the judge the lab report and
  • Posted by admin  Posted on 01 Mar  0 Comments
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27February

Arguments begin in lawsuit against doctors at St. Joseph's

The following is an article from the Bergen Record and NJ.com about a major trial that is currently going on: A young Paterson mother of three who went to the hospital with nausea and constipation and ended up suffering an agonizing death would still be alive today if not for the negligence of some doctors
  • Posted by admin  Posted on 27 Feb  0 Comments
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27February

Raff and Raff wins case on appeal

Towards the end of 2010, we won a jury trial in which the jury found that our client had suffered a permanent injury to her back in a car crash. The defense argued that our expert should not have been allowed to testify that the injury was permanent, nor read the client’s MRI films at
  • Posted by admin  Posted on 27 Feb  0 Comments
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13February

Community Caretaking Exception to Warrant Requirement is Clarified

In the recent appellate division case of State v. Witczak, 421 N.J. Super. 180 (App. Div. 2011), the court clarified what is known as the “community caretaking” exception to the requirement that police obtain a warrant before searching a person’s home.  Here are the facts from the case: On May 9, 2009, at approximately 9:43
  • Posted by admin  Posted on 13 Feb  0 Comments
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