by mcguirelawnjny | Dec 20, 2022 | Uncategorized
If you enjoy watching crime shows on television, you’ve probably watched more than a few scenes where police arrest a suspect. As part of that arrest, the officers likely tell the suspect that they have the right to remain silent. That anything they say can and will be used against them in a court of law. That the suspect has a right to an attorney, and if they can’t afford one, the court will appoint one for them.
These statements are part of someone’s Miranda Rights in the United States.
WHAT ARE YOUR MIRANDA RIGHTS?
Miranda Rights are part of the protection offered against self-incrimination in the U.S. Constitution’s Fifth Amendment. They exist to give someone protection from implicating themselves in a crime. Yet, police don’t have to read someone their Miranda Rights when they arrest them. They often read them before they interrogate them. If the police don’t read someone their Miranda Rights before questioning them, officers didn’t follow proper procedure and that can result in the court dismissing someone’s criminal charges.
For your Miranda Rights to protect you, you have to invoke them when the police arrest you or tell you that you are under investigation for a crime. You have to tell the police you want to remain silent and you won’t answer any questioning without an attorney present. You need to ask the police to allow you to contact an attorney and say nothing further.
IF YOU DON’T STAY SILENT
If you don’t stay silent, you can expect that what you tell the police will be used against you, often in the most damaging way. What you say could result in you facing criminal charges, facing more criminal charges and providing evidence toward your conviction. Yet, even if you decide to speak with the police without an attorney, you can request one at any point during police questioning.
Any time a police officer asks to question you or arrests you, you need to protect your rights. The first step you need to take is to contact an experienced criminal defense attorney. A defense attorney can help ensure you refrain from saying something that would make it easier to convict you of criminal charges and can mount a strategic defense against the charges you face.
Schedule a free initial consultation with the Law Offices Of Michael P. McGuire LLC, by calling 732-704-7331 or contacting the firm online.
by mcguirelawnjny | Dec 20, 2022 | Uncategorized
New Jersey’s use of grand juries in the indictment process sets it apart from most U.S. states. If you are ever arrested for a serious crime, and your case is not dismissed or diverted into something like a pretrial intervention program, a grand jury will most likely decide whether to indict you on the charges. It may help you have a general idea of what a grand jury is and how it works.
WHO SERVES ON A NEW JERSEY GRAND JURY?
Just like the jury in a criminal trial, a grand jury is made up of 23 citizens selected from lists of voter registrations, drivers’ licenses and taxpayers. But unlike a regular jury, the grand jury’s job is not to observe a trial and decide if the prosecution has proven the defendant’s guilt beyond a reasonable doubt. And the indictment process looks quite different than a trial.
DIFFERENCES BETWEEN A GRAND JURY HEARING AND A TRIAL
For one thing, the defendant and their defense attorney are not present at the proceedings. The county prosecutor presents evidence against the defendant, but rather than determine if the defendant is guilty or not, the grand jury decides if there is enough evidence to charge them. If it decides there is, the grand jury returns what is called a “true bill.” If not, it enters a “no bill,” and the charges are dismissed. Alternatively, the grand jury can also vote to indict on lesser charges.
Note that the grand jury does not have to decide to enter a true bill unanimously. Only a majority of the 23 jurors need to vote in favor of a true bill for the charges to proceed.
THE SMART MOVE IF A GRAND JURY IS CONSIDERING YOUR FATE
Being indicted is serious, but it does not mean you will be convicted or that pleading guilty is your only option. Instead of panicking, call the Law Offices Of Michael P. McGuire LLC at 732-704-7331 to schedule a free consultation. Se habla español.
by mcguirelawnjny | Dec 20, 2022 | Uncategorized
More than one year after Gov. Phil Murphy signed an executive order enacting a moratorium to protect New Jersey tenants from being evicted, hundreds have been kicked out of their homes during the pandemic.
In early April, the state Attorney General’s office issued new guidance to law enforcement to help keep tenants in their residences during the governor’s eviction moratorium, which has been extended until at least mid-June.
THE DIRECTIVE OUTLINES HOW OFFICERS SHOULD RESPOND TO LOCKOUT CALLS
Attorney General Gurbir Grewal says police officers are often unsure how to handle calls from tenants who have been locked out of their homes for not paying rent. Tenant advocates say while officers were sympathetic in many cases, they weren’t sure what action they could take.
Under the new policy, officers can determine whether an illegal eviction is taking place and issue warnings to the property owner or landlord, making sure tenants are allowed to return. If landlords ignore the warning, officers should issue a complaint summons, which could amount to a fourth-degree crime.
THE ECONOMIC IMPACT OF THE PANDEMIC CONTINUES TO MOUNT WHILE COURTS SUSPEND ALL IN-PERSON PROCEEDINGS
Since the health care crisis began, nearly 2 million New Jersey residents have filed for unemployment insurance, and tens of thousands have applied for aid under the state’s Emergency Rental Assistance Program.
Also, bankruptcy cases have slowed due to the suspension of all in-person judicial proceedings for civil and criminal cases, which remains in effect through June 1 and could be extended again.
HOMEOWNER PROTECTIONS ALSO SOUGHT BY FEDS
One year after the pandemic began, roughly 2.5 million homeowners across the U.S. are enrolled in mortgage forbearance programs protecting them from foreclosure. Even with these protections in place, the Mortgage Bankers Association says about 5% are delinquent on their payments.
As those programs wind down, the Consumer Financial Protection Bureau (CFPB) is considering safeguards to make sure families don’t lose their homes. The CFPB will likely propose a new rule blocking mortgage providers from starting foreclosure proceedings until after Dec. 21, 2021.
PROTECT YOUR HOME AND YOUR RIGHTS
Tenants and homeowners have extraordinary protections during this uncertain time. If you are under the threat of losing your home, call Law Offices Of Michael P. McGuire LLC at 732-704-7331 to schedule a free consultation. Se habla español.
by mcguirelawnjny | Dec 20, 2022 | Uncategorized
The New Jersey Supreme Court has ordered State Courts to reopen for in-person jury trials starting June 15. Due to health concerns regarding COVID-19, in-person criminal trials have essentially been suspended since November of 2020 and limited since March of last year. This recently scheduled reopening follows the previous target date of May 18. The priority will be given to cases involving currently incarcerated defendants.
A LARGE BACKLOG AWAITS
To reduce the backlog, the criminal courts have also held virtual hearings regarding plea deals and sentencing during the closure. Nevertheless, the state has an estimated 5,000 inmates in jail as they await trial. So, this is certainly good news for those awaiting trial – there were only 12 in-person criminal jury trials during the calendar year, which is down steeply from pre-pandemic times where the courts hear hundreds of cases each year.
PRECAUTIONS STILL NECESSARY
Judiciary has followed the lead and recommendations of the New Jersey Department of Health throughout the pandemic. Now, as public health indicators improve, vaccination rates rise, and cases go down, the state’s Supreme Court determined (based on vaccine rollout numbers) that it will be safe to resume hearing cases in courts again with up to 50% of judges and staff present in the courthouses. During the first phase of the reopening, jury selection will be virtual. All trials will observe all essential health precautions like wearing facemasks and practicing social distancing.
Civil cases have continued virtually in some counties and will, as of now, remain so. In a separate order, the Supreme Court authorized the resumption of in-person grand jury sessions. All in-person trials and other court events will follow all necessary health precautions.
UNCERTAIN TIMES NECESSITATE SOLID LEGAL REPRESENTATION
Those defendants going to trial in the days following June 15 will need aggressive yet knowledgeable legal representation to protect their rights. Those who need an attorney with experience fighting their client’s criminal charges can call the Law Offices Of Michael P. McGuire LLC at 732-704-7331 or contact us online to schedule a free consultation. Se habla Español.
by mcguirelawnjny | Dec 20, 2022 | Uncategorized
Almost everyone in New Jersey has debt: mortgages, car loans and credit card debt are very common. Unfortunately, getting overwhelmed by debt is also a common situation. And when someone falls behind on their payments, phone calls and letters from a debt collection agency is often the next thing to happen.
You might feel powerless to stop the endless, harassing calls from debt collectors, but you are not. As a debtor, you have rights. But before you can enforce your rights, you have to know what those rights are. Here is a brief overview of debtor rights under federal law.
HOW THE FAIR DEBT COLLECTION PRACTICES ACT HELPS YOU
A federal law called the Fair Debt Collection Practices Act limits what collection agencies can do by banning abusive or deceptive tactics, such as:
- Harassment. Debt collectors cannot contact you before 8 a.m. or after 9 p.m. without your permission. They cannot contact you at work once you tell them they cannot. And when they do call, they cannot call you over and over to disrupt your life, use obscene language, or threaten violence against you.
- False statements. Lies are not allowed in debt collection. For example, collectors cannot pose as government agents, falsely claim that you have broken the law, exaggerate the amount you owe, or indicate that any papers they send you are legal documents if they are not. Nor can they claim the police will arrest you if you do not pay.
- Unfair practices. Other practices the Act bans include: contacting you by postcard, depositing a postdated check early, and taking your property or threaten to do so unless legally allowed.
When you work with an attorney on resolving your debt problems, they will advise you of these and other rights you have and help you enforce them when necessary. If you are facing mounting debts and stress from debt collectors, call Law Offices Of Michael P. McGuire LLC at 732-704-7331 to schedule a free consultation. Se habla español.
by mcguirelawnjny | Dec 20, 2022 | Uncategorized
Many New Jersey residents’ financial situations have become precarious since the pandemic began due to layoffs, business shutdowns and other repercussions. While things are improving, many people have seen missed payments stack up.
The question they’re asking is, “What is the best way to deal with that debt?” Is bankruptcy or debt settlement the best option? The good news is that either approach can bring much-needed relief. But deciding which course to take can be challenging.
DEBT SETTLEMENT: DIY VS. SETTLEMENT COMPANIES
Debt settlement can be a good option as long as you can afford payments and your debts are at least 90 days past due, but it’s a better option if you’re several months behind. Some debt settlement companies claim to have great results. But many analyses show these companies are often expensive and ineffective, and the Consumer Financial Protection Bureau reports hundreds of consumer complaints since 2014.
STEPS FOR EFFECTIVE DO-IT-YOURSELF DEBT SETTLEMENT
If you decide on the DIY approach, make sure you negotiate directly with the creditor and not a collection agency. Here are four steps to take:
- Assess if it’s a good fit: If you are at least three months behind on payments, determine whether bankruptcy or credit counseling may be a better way to resolve debts. Also, verify that you have enough money to settle and, last but not least, make sure you are a strong negotiator.
- Understand the terms: You’re working to settle your debt as a percentage of what’s owed – 40% to 50% may be realistic. But understand precisely what you’ll pay and how it will be reported on credit reports.
- Make an informed decision: Negotiating with creditors can be a long and exhausting process. It might take several calls and weeks or months to find a plan that works for both parties. Never agree to a deal you can’t afford.
- Get it in writing: Before you agree to anything, get a hard copy of the terms and credit reporting details. Once you finalize the agreement, make sure you don’t miss a payment.
CONSULT WITH A DEBT RELIEF SPECIALIST
While negotiating directly with creditors might seem like a thrifty approach to reducing overwhelming debt, some people can pay more in the long run as creditors are often manipulative and use high-pressure tactics to craft a more favorable deal for them.
Experienced bankruptcy attorneys consider all options for reducing a person’s debt as each situation is unique. A knowledgeable lawyer knows how to negotiate with creditors for a payment plan you can afford. While bankruptcy may be the most realistic option, a reasonable attorney will consider all available methods to find the best fit. You can schedule a free initial consultation with Law Offices Of Michael P. McGuire LLC by calling 732-704-7331 or sending an email.
