New Jersey Employee Misclassification Task Force

Independent contractors are a very important type of worker these days, as a kind of employment classification that is rising in popularity, as an employment lawyer Atlanta, GA trusts can attest. However, it seems sometimes employers take advantage of this classification for their own benefit. Recently, there have been some important developments in New Jersey regarding the classification process, and how employees and employers need to respond.

On May 3, the governor of New Jersey – Phil Murphy – set up the Task Force on Employee Misclassification. The task force’s goal is to – according to the governor – “crack down on” contractors that “engage in 1099 fraud.” The task force is part of a larger set of measures that are designed to protect employees. There are twelve members on the task force from different administrative agencies in New Jersey. The measure’s purpose is to help workers in New Jersey by preventing companies from being able to misclassify them and get away with it.

What is employee misclassification?

Employee misclassification happens when people who are actually “employees” – not “independent contractors” – do not get the valuable benefits they should be getting as workers with employee status. Independent contractors, on the other hand, do not get such benefits. These benefits include: family and medical leave; unemployment insurance; and overtime compensation. Hence, by creating this task force, the governor is saying that he is going to make sure that employers are properly classifying employees, thereby providing these employees with more protections and advocacy.

What is the task force going to do to fight misclassification?

The Executive Order that the governor used to create the task force mandates that the group is to: (1) evaluate misclassification enforcement; (2) develop best practices for generating information around misclassification and efficiently enforcing the law; (3) produce recommendations for compliance; and (4) review the laws that exists.

What are the implications?

Both employees and employers ought to know about this changing landscape in New Jersey. The governor is signaling that he means business when it comes to enforcing the law and developing best practices around misclassification. So, employers should make sure their classification processes are legitimate under New Jersey rules, and employees should make sure that they are receiving all of the benefits they deserve under the law. The governor wants to make sure everyone is on notice of the changes, that the laws around this issue will be enforced, and might make an example out of a non-compliant company.


Thanks to our friends and contributors from Barrett & Farahany, LLP for their insight into job applicant information.

 

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What Happens If A Teen Driver Gets a DUI?

Driving takes concentration, foresight, anticipation of what other driver’s are going to do, and most of all experience. As new drivers, teens need to be super focused on driving and nothing else. Just by virtue of their age and inexperience, teen drivers are four times more likely to be involved in a crash as adults. Driving while distracted is never a good idea for anyone, but as a teen, the consequences, in many cases, can be deadly. The statistics for teens driving under the influence are terrifying. Driving while impaired affects reaction times and judgment, and for teens with little experience behind the wheel, the results are never good.

Teenagers seem to have a feeling of invincibility — nothing can touch them. While that may be a good attribute for facing the challenges of growing up, overconfidence can backfire when getting behind the wheel. Teens need to realize when they are incapable of driving whether they have consumed alcohol or taken any drugs. Statistics about teens and DUIs should be a part of every teen’s driver education course.

Here are some sobering statistics concerning teen drinking and driving.

  • Of all the crash fatalities involving anyone under the age of 21, one in four is alcohol related.
  • According to a nationwide report, twenty percent of students in high school admitted to getting in a car with a driver who they knew had been drinking alcohol at least one time during the month before.
  • Even though teen drivers are not as likely to drink and drive as adults, the chances of being in a crash is considerably higher when they do. This is true even with a lower blood alcohol level.
  • Teens should also know that if they are driving after being awake for 18 hours, the effect is similar to a blood alcohol level of 0.08, which is essentially legally intoxicated.
  • Every year more than 3000 teens die in drunk driving accidents

What happens if a teen gets caught driving under the influence?

In response to drunk driving deaths and injuries among teens throughout the country, zero tolerance laws were put into place in the 1980s. Zero tolerance means that if a teen is caught driving with any alcohol at all in their system, they are immediately arrested for a DUI.

The second part of the zero tolerance law states that the license of any teen caught driving with any alcohol in their system automatically gets their license revoked or suspended by the DMV.

In addition, the court may impose additional penalties. Since these zero-tolerance policies have been implemented, the death rate for teenage drivers have decreased.

If the blood alcohol content is from 0.05 – 0.07 percent or higher, the teen can be charged with both an underage DUI as well as an adult DUI, increasing the penalties.

Other charges may include minor in possession of alcohol, soliciting alcohol from an adult, giving alcohol to other minors, and child endangerment. The teen that is charged will also now have a misdemeanor on their record and their license can be suspended for two years.

It can get worse than that. Some states impose up to one year of jail time for a teen convicted of DUI. If it is not the first time caught drinking and driving, they will likely face time in jail.  Along with jail will be 3-5 years of probation.

Other consequences of teens convicted of DUIs is that they may not pursue careers in education or pre-law. Finding jobs as a teen may be difficult as they will have to list any prior convictions on job applications.

The severe consequences attached to a minor convicted of a DUI are intended to dissuade teens from drinking and driving in the first place. Be sure to contact a DWI lawyer Salt Lake City, UT families trust if you find yourself in the unfortunate situation of having been caught driving under the influence.


Thank you to our contributors at the law offices of Rasmussen & Miner for the above information.

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Signs a Driver May be Intoxicated

Getting behind the wheel after having one too many is often a regrettable decision. This is especially the case if you suffer the consequences of this lapse in judgment. Driving while intoxicated could result in obtaining a DUI charge or worse, you could harm yourself or someone else in the event you are in an accident. As a driver on the road, it’s impossible to know for sure whether someone you are sharing the road with may be intoxicated. However, there are some signs you can look for and steps you can take while driving to protect yourself. If you find that you have been charged with a DUI, it’s recommended that you acquire the assistance of a DUI attorney to help you through the legal process.

What do the Police Look For?

Having an idea of what police are assessing when they are pulling someone over can be helpful in a number of ways. For those trying to stay safe on the road and avoid drunk drivers, it can be helpful to have an idea of what to look for when driving. Police are trained and knowledgeable in what to look for in a suspicious driver who may be intoxicated. Here are common things an officer may look for in driver’s who may be under the influence:

  • One thing an officer will take into account the time of day they observe someone on the road driving. If it is in the late evening or early morning hours, there is a high probability that the driver on the road may be drunk.
  • When an officer suspects someone is drinking and driving, they will look for a reason to pull the driver over. Common infractions could include:
  • Broken headlight or taillight
  • Speeding
  • Swerving
  • Running a red light or stop sign
  • Expired inspection sticker or registration

Once a driver has been pulled over, the police officer will look for signs that they have been drinking. Common clues of intoxication include:

  • Red or bloodshot eyes
  • Slurred Speech
  • Open Containers
  • The Smell of Alcohol

Alternative reasons that could result in being pulled over by law enforcement for a suspected DUI:

  • Observing driver’s behavior or erratic driving
  • Another driver calls in a report of a suspected drunk driver
  • Car accident in which the driver is appears to be impaired

When you are under the influence of drugs or alcohol, your judgment could be impaired. Driving while intoxicated could put not only yourself, but also others at risk for sustaining an injury. Unfortunately, if you get behind the wheel after drinking too much, and ultimately injure another person, you could face consequences far worse than a DUI conviction. No matter the situation surrounding your DUI charge, an attorney can help you face the consequences of your actions head on.

A DUI attorney MD residents trust can help review the details of your specific case to help you determine the appropriate legal steps you should take. With their help, you can have a clear understanding of the process and the consequences you may be required to face if you have obtained a DUI.


Thank you to our contributors at the law firm of Frederick J. Brynn, P.C. for the above insight on intoxicated driving.

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Legal Liability for Construction Accidents

One of Agatha Christie’s murder mysteries opens with a fluffy old lady strolling through a new subdivision development.  In the story, the detective passes by one of the two-story homes under construction and spies a young couple standing on the second story of an unfinished house.  The couple is standing on a piece of wood that extends over the edge of the building frame. As the young lady steps forward and loses her balance, the young man steps backwards off the board and the lady nearly falls.  The detective concludes that the young lady would be well served to find herself a new young man. This is also an excellent example of the very inviting atmosphere of subdivision developments under construction – any number of homes going up in any number of cul-de-sacs, all of varying designs and in various stages of finish.  Dirt movers and cranes and dump trucks call to the child in many of us to take a closer look. Couples looking for a family home or retirees looking to downsize are all likely to be driving through and may stop to take a closer look at some particular land feature or lot. And since it is imperative for the builder of the homes to sell the homes, large signs advertising these forthcoming homes and neighborhood amenities are placed very conspicuously and are bright and colorful and inviting as well.

The owners of the property, the developers, and the contractors performing the work should be held to the highest standards when undertaking any construction project.  Most counties and/or cities have permitting requirements before construction projects can be undertaken and those permits frequently set the minimum requirements for safety measures to be used while construction is underway.  Developers and contractors may open themselves up to extensive liability if they fail to meet these minimum requirements. And while the minimum requirements may satisfy some exposure to liability, contractors may have additional liability if they allow unreasonably dangerous conditions to remain accessible to the public.  In the earlier example, a personal injury attorney would look at the permits in place and the conditions of the site at the time of injury. Who left the board extending beyond the frame of the house? Who failed to post the “keep-out” notice, if any such notice was required? Who failed to close and lock the fence around the unfinished project?  And once those questions are answered, others will follow – does the contractor have a history of allowing dangerous work sites. Was the developer or contractor trying to cut corners to increase profits? All of these questions and many others will need to be asked. Liability at a construction site can be difficult to pin down and an attorney experienced in these types of injuries, like a construction accident lawyer Boynton Beach FL relies on, will spend a significant amount of time in determining the activities and events that led to someone being injured as well as the potential liability of each party – from the land owner, to the developer, to the contractor.


Thanks to our friends and contributors from Eric H. Luckman, P.C. for their insight into construction accidents.

 

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Myths about Workers’ Comp Claims

Many workers who are hurt on the job do not always know what their rights are, however, it is important to know that each state has laws that require the majority of employers to carry workers’ compensation insurance in order to provide benefits to injured workers. These benefits include all medical expenses related to the injury and a percentage of the employee’s regular wage.

The following is a brief overview of some of the most common misconceptions that injured workers have regarding qualifications of workers’ compensation. A skilled attorney, like a work injury Lawyer West Palm Beach relies on, can provide more details and offer a free case evaluation of your situation.


I was responsible for my injury so I am not entitled to workers’ compensation benefits.

This is untrue. Unlike personal injury claims, such as vehicle accidents, work injury cases are not fault-based. Any worker who is injured while performing job-related duties is covered under workers’ compensation laws. There are some exceptions to this law. If the worker was drunk or under the influence of drugs when they were injured, the claim will be denied. Another reason the claim will be denied is if the worker was engaging in some type of horseplay or other purposeful dangerous behavior.


If I file a workers’ compensation claim against my employer, they will fire me.

State laws have put in place stringent laws regarding workers’ compensation claims. One of those rules is that an employer cannot file a worker because they have filed an injury claim. This is considered a retaliatory move and the employer would face severe penalties for doing so. If an employer fires an injured worker or engages in other retaliation (such as cutting hours or transferring to a lower paying position), the worker should consult with an attorney who will advocate for them.


If I file a workers’ compensation claim, then I am suing my employer.

Unlike a personal injury claim, a workers’ compensation claim is not a tort action. In fact, the law protects employers from worker’s lawsuits. That’s why the workers’ compensation system is in place. Although injured workers are entitled to benefits for medical expenses and lost wages, they cannot pursue financial compensation for pain and suffering, emotional damages, and other types of non-economical damages that personal injury accident victims can.


I don’t need a job injury attorney to file a workers’ compensation claim.

Although injured workers can file a claim on their own, there are many situations where it is better to have an attorney advocating for the injured worker. If the injury was a minor one and the worker does not miss any work, then they can likely file the claim on their own, as long as there are no other extenuating circumstances. If the injury is more serious and the employee will be unable to work as they recover, the claim may become more complex and it is of greater benefit for the employee to retain the services of a job injury attorney in order to make sure their right to benefits are protected.  


Thank you to the Law Offices of Franks, Koenig, & Neuwelt for providing their insight on workers compensation.

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5 Common Knee Injuries Claimed in Personal Injury Suits

A knee injury can be very serious because the knee is one of the most complex joints we have in our body. Our knees have a small range of motion and they are responsible for holding up most of our body weight! It is very possible that if you have sustained injuries from an accident, that your knee may have been affected. Here are 5 of the most common knee injuries that are claimed in personal injury cases.

Posterior Cruciate Ligament

The ligament at the back of the knee is called the posterior cruciate (PCL). It helps connect the tibia and the femur. It is one of the most susceptible to injuries in car accidents or falls that involve the knee twisting. Usually the tears are incomplete that can be sealed by rest and immobilization.

Fractures

Often the kneecap, or patella, is affected by fractures. Other knee injuries affect the fibula, femur and tibia bones. Both car accidents and falls can put extra stress on the knee resulting in fractures. The most common fractures occur in the knee cap, of course.

.There are four categories of patella (knee cap) injuries are stable, open, displaced and comminuted.

  1. Stable fractures occur when the bone sections on each side of the fracture are not displaced. It usually heals with an easy combination of immobilization in a cast or splint and rest.
  2. Open fractures describe a situation in which the bone fragments become exposed through the skin. They are also known as compound fractures. Open fractures require surgery and can leave the knee still unstable after treatment and healing are complete.
  3. Displaced fractures are the misalignment of bone sections and usually result in a gap between the pieces. Surgery is also required for this type of injury because of additional tendon and ligament damage.
  4. Comminuted fractures always require surgery because they are unstable and fracture the bone into 3 or more pieces.

Meniscal Injuries

Meniscus cartilage are bands of tissue shaped like wedges that cover the area between the femur and tibia bones. They act as shock absorbers and help the knee joint move. A meniscal tear can be complete or incomplete; complete tears need surgery and partial tears can be healed with a splint and rest.

Tendon Tears and Ruptures

Any experienced chiropractor can tell you that there are two main tendons around the knee; the patellar tendon that is connected to the tibia, and the quadriceps tendon connected to the quadriceps muscle. They are easy to tear and surgery may be necessary to heal them.

Collateral Ligament Injuries

Collateral ligaments are on each side of the knee, the medial collaterals are located along the side of the joint, and the lateral collaterals sit on the outside. Usually injuries to these are due to direct contact applied forcefully to the lateral collateral during car accidents, falls, or sports injuries. In car accidents, fractures usually accompany the injury and recovery may last up to several months.

If your knee injury has been caused by someone else’s negligence or intention, you may be able to file a personal injury claim. Even a small knee injury can require expensive and extensive treatment which could be costly. Hopefully filing a claim can result in adequate compensation for your medical bills as well as any other noneconomic damages you may have suffered. Contact a personal injury lawyer Lakeland, FL trusts right away to settle your case.


Thank you to the Dave & Philpot P.L for providing insight on personal injury.

 

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Work Injury Benefits

If you have been injured on the job, a workers compensation attorney can assist you with filing for benefits. Under many states’ law, most companies are required to carry workers’ compensation liability insurance and although the process for filing and receiving benefits should go smoothly, that quite often is not the case.

A skilled lawyer knows that in many situations, either the employer or the insurance company will try to minimize the amount of benefit an injured employee will receive or even try to deny the claim entirely.

In the event you need legal advice, do not hesitate and contact a professional lawyer, like a workers compensation lawyer Memphis TN trusts, to ensure that you are receiving all of the benefits you need.

Different Types of Benefits

Under Workers’ compensation law, there are several types of benefits the employee or their families are entitled to receive if the worker is hurt or killed because of job-related injury or illness. Your work injury attorney can go over the details of your case and determine what benefit you may qualify.

Medical Benefits: All medical treatment for the injury or illness is covered by workers’ compensation insurance. The only caveat to this rule is that the attending physicians must all be on the insurance company’s approved list of doctors. In most cases, if the worker decides to go to a doctor that is not on the approved list, the medical expenses are their responsibility. The only exception to this rule is for the medical expenses of any emergency care the worker received immediately following the accident.

Temporary Total Disability Benefits or (TTD): This is the benefit a worker will receive weekly when their injury prevents them from working at all. Typically, the maximum amount of the TTD is a portion of the worker’s average weekly wage. There is a maximum amount of TTD a worker can receive and that amount is set by the state. For workers whose wages vary each week, the amount will be determined using a formula, typically based on how much the worker earned in the four months prior to the accident. If the worker’s injuries are not classified as catastrophic, there is a cap on how many weeks they can receive the benefit. Catastrophic injuries typically have no cap.

Temporary Partial Disability Benefits (TPD): If an injured worker returns to work on limited duty, partial duty, or to a job that pays less than the original job, they are entitled to receive TPD. The benefit is usually a portion of the difference between the worker’s average weekly wage prior to the injury and following the injury. There is also a cap set on that amount, as well as how long a worker can receive TPD.

Permanent Partial Disability (PPD): PPD benefits are paid to a worker whose injuries or illness has resulted in a permanent disability. The attending physician will use guidelines established by the American Medical Association to determine what the percentage of disability is. That percentage is then multiplied by the temporary total disability weekly rate you were receiving.

Death Benefits: Tragically, not all workers survive their job-related injury or illness. When this happens, the spouse and minor children of the worker are entitled to receive a death benefit. The benefit is based on the worker’s average weekly wage, and also includes funeral expenses. Your attorney can go over what the death benefit is for your family and how many years you may receive it. In most states, when there are minor children, the death benefit is paid each week until the child reaches 18. Should the child attend college, the benefit is extended until they reach 21.


Thank you to Darrell Castle and Associates, PLLC for providing insight workers’ compensation.

 

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Choosing Your DUI Lawyer

You may be wondering if you really need to hire a lawyer for your DUI case. While you can opt to use a public defender supplied to you by the court, this may not be your best option for representation. Having an experienced DUI lawyer to guide you through your DUI case is extremely advantageous because they are familiar with this type of case, they can negotiate plea deals, and are aware of the complicated procedures of the court. We have experience in all these areas and can assign a lawyer best suited to your specific case. Not convinced yet? Read the following about DUI cases and why you should consider representation.

Is it Best to Plead Guilty Right Away?

You may feel inclined to simply plead guilty to a DUI charge, however, one of our DUI lawyers can advise you in a way that may the severity of your sentence in the end. It is important to keep in mind that if this is your first offense, and if you did not harm anyone, then the judge is likely to give you a routine sentence. One of the beneficial reasons of hiring a DUI lawyer is that they can advise you on the particular DUI laws and penalties of your state so you are better prepared for what the judge chooses to sentence.

What Can a Plea/Sentence Bargain Do For Me?

If it seems you may receive a sentence that will result in extended jail time, you may wish to consider a plea bargain or sentence bargain. You may wish to employ sentence bargaining if you have caused an injury or a death occurred due to your offense.

  • Plea bargaining: when a charge is reduced to a lesser charge, for example, a DUI can be reduced to a charge of reckless driving.
  • Sentence bargaining: You may be willing to plead guilty if you succeed in negotiating a more favorable sentence.

It is always advisable to have a lawyer advise you, especially in cases that are non-routine or extremely complicated.

Second, or Multiple Offenses

If you have been charged with a DUI or DWI before, it is strongly advised you employ an experienced DUI lawyer Fairfax VA or locals, that is trusted. If cost is an issue, you may have the option to compensate in payment plans. It is highly unlikely you will receive a light or favorable sentence if you face the court without representation. One of our DUI lawyers can negotiate on your behalf and know much more about the inner workings of the law.


Thank you to Dave Albo Attorney for providing their insight on choosing your DUI Lawyer.

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Long Branch NJ Municipal Court Lawyers

Long Branch NJ Municipal Court Lawyers

Tips for Getting Through Your Court Date

Long Branch NJ municipal court lawyers go over everything a client might expect at court; however, the client still might feel stressed, scared, or anxious. Whether you are pursuing damages in a personal injury case or acting as a witness, the situation may seem overwhelming. This might be even more true if this is your first time in a courtroom. To further compound these emotions, the courtroom itself can be slightly intimidating.

Yet while these emotions are being evoked, it is important you maintain calmness and professionalism. This is why you should take time to prepare yourself beyond what your lawyer has helped you to understand. These tips can assist you in getting through your court date or even help you to avoid one altogether.

Don’t Seek Revenge in Court

As angry as you might feel, seeking revenge in a courtroom is not a good idea. This does not only mean you should avoid physical altercations with another person in the courtroom, but also taking someone to court based on a claim that lacks merit. In other words, if there are any malicious reasons behind your case, you should think twice about going to court. Talk with your lawyer to learn more about this.

Try Mediation Before Litigation

Mediation can be a very effective way to solve a problem. It is done in a comfortable, less intimidating environment and overseen by a lawyer. The goal of mediation is to find a middle ground where both parties can feel satisfied with the outcome. There is no winning or losing.

Rather, the only goal is to solve the problem through compromise. Mediation is also much more affordable and requires less time. On the other hand, litigation is costly, time consuming, stressful, and structured. It is not something you should take lightly. When you do require litigation, it is prudent clients have seasoned municipal court lawyers in Long Branch NJ by their side.

Remember You Could Lose on Your Court Date

Litigation is a gamble. Until everything has come to an end, you won’t know whether or not you will win or lose your case. Before you decide to take your case into a courtroom, make sure you talk seriously with your lawyer about what is at stake. It is always possible that a “surefire winner” will walk out on the losing side and have to pay enormous legal fees, damages, and monetary compensation.

This Is Your Lawsuit

Good municipal court lawyers Long Branch NJ clients trust will understand that communication is pivotal in a lawsuit. Don’t forget that this is your lawsuit, and you have retained a lawyer to work on your case. If your case loses, your lawyer doesn’t actually lose. However, you could be in serious trouble.

Before your court date, talk with your lawyer about the goals and expectations you have. You may also want to tell him or her that you want to be fully engaged in the courtroom and be filled in on what is going on. If at any time you feel your lawyer is not doing their job or beginning to control your case for their own benefit, you may want to put a stop to this or call another lawyer for advice.

The Cost of Litigation

Litigation is not free. There will be fees for expert witness testimony and other professionals who could benefit your case. Generally, you will want to talk with your lawyer beforehand about the expensive and less expensive options. He or she might also explain the benefits of paying for a more costly expert witness as it could garner you more compensation. For example, if you might win an extra $10,000 by having an expert witness testify at court, and their fee is $5,000, you could be $5,000 ahead if you win.

Think Before You Represent Yourself

You have the right to represent yourself; however, it is not uncommon for court staff and even the judge, to look down upon pro se litigants. You might be advised over and over to retain a lawyer but if you are still adamant about self-representation, bear in mind the courtroom procedures, rules, and etiquette. If you don’t understand something, ask politely for clarification. The judge, clerk, and other workers may be more willing to help you when you appear to be humble and show an interest in learning the proper procedure.

Stay Upbeat and Don’t Be Afraid to Laugh

Court can be tense, but there may be times when something funny happens. In these moments, it’s okay to laugh. This can improve the mood of the courtroom, lighten things up, and assist in your confidence.

Seek Long Branch NJ Municipal Court Lawyers Legal Opinions First

If you think you have a lawsuit or everyone around you is telling you that you have one, before jumping into things, talk with a lawyer. Ask Long Branch NJ municipal court lawyers for their honest opinions. It may be helpful to ask two or three prior to initiating the process.

Make Sure It’s Worth It

All too often, a person who wins their lawsuit does not get the amount they wanted. Furthermore, court and lawyer fees may take a large part of the settlement. Even if you do win something big, you might not necessarily be able to collect the full amount. This is common in car accident lawsuits that involve an uninsured driver. If they don’t have any way to pay for your losses, there could be an issue. Good Long Branch NJ municipal court lawyers should let you know what you might reasonably expect.

To talk with one of the Long Branch NJ municipal court lawyers from Rispoli & Borneo, PC about a lawsuit or going to court, please call 908-768-3884 today.

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Municipal Court Lawyers Long Branch NJ

People of the Courtroom

Municipal Court Lawyers Long Branch NJMunicipal court lawyers Long Branch NJ residents turn to know that going to court as a defendant or plaintiff can involve copious amounts of anxiety and other emotions. Your lawyer will likely take time to explain the process and give you some idea of who you might expect to meet in a courtroom. While this is not mandatory, it can be useful in putting your mind at ease. The following is a brief guide explaining people of the courtroom. If you have any further questions, please talk with one of our Long Branch municipal court lawyers.

The Parties

These are the people or entities who are involved in the lawsuit. One party will be called the plaintiff and the other the defendant. The parties may be seated at the counsel tables with their lawyers. In civil cases, parties do have the right to sit at their trial, but it is not very common. Often it will be their municipal court lawyers in Long Branch NJ who attends and represents them.

The Witnesses

Witnesses provide testimony regarding issues or facts in a case. They will be asked to take the witness stand in the courtroom and generally testify for one party against the other.

The Lawyers

In a courtroom, there will be two legal counsel tables; one on each side. At these tables will sit the municipal court lawyers Long Branch NJ provides for the respective party. The lawyer’s task is to present facts about his or her client in a favorable manner, but while abiding by legal standards and laws. When a case involves criminal charges, the government will be involved. The government’s lawyer is known as a prosecutor or assistant district attorney (in state cases). In federal cases, it will be an assistant U.S. attorney. Criminal defendants may have privately hired municipal court lawyers Long Branch NJ families depend on to represent them or a court appointed lawyer.

The Judge

A judge presides in a court proceeding from the bench at the center of the room. His or her tasks will include:

  • To preside over the proceeding
  • To ensure order is maintained throughout the case
  • To determine whether or not any presented evidence is improper or illegal
  • Give the jury instructions about laws that apply to a case (*in jury trials)
  • Explain to the jury standards that should be used in making a decision (*in jury trials)
  • Review and determine the facts of a case (*in bench trials, those that have no jury), and decide the case
  • Sentence a defendant who has been convicted of a crime
  • Maintain communication with the Long Branch municipal court lawyers

The Jury

The jury consists of a group of people, not necessarily 12, who are seated in a section on the side of the courtroom. The jury’s role is to listen to the case, decide the facts, apply laws, and reach a verdict. Jurors have an enormous responsibility, particularly when a large scale criminal case is involved.

Court Reporter

Seated near the witness stand is the court reporter. This person will recorded everything said during the trial. It will either be typed on a special machine or sound recorded. What is recorded becomes the official trial record, and can be accessed through a transcript.

Court Interpreter

When a party or witness of the courtroom does not understand or speak English, a court interpreter may be called in to translate, verbatim, everything that is said by and to this individual. The court interpreter must translate exactly what is said, and not comment on any of it, even if they believe the person is not telling the truth.

Courtroom Clerk

Also known as the courtroom deputy, this person often sits near the judge. He or she may administer oaths to interpreters, witnesses, or other people. They might also handle the records, evidence, and exhibits. The courtroom clerk monitors the time of proceedings, prepares different forms, and usually assists the judge in anything that allows for a smooth running trial.

Would You Like to Speak with Municipal Court Lawyers Long Branch NJ Clients Trust about Your Case?

To talk with a knowledgeable municipal court lawyers Long Branch NJ locals rely on from Rispoli & Borneo, P.C., please call 908.353.0800.

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