Felony Criminal Defense in New Jersey

felony criminal defenseIf you have been brought up on felony criminal charges, then it’s important that you have competent legal counsel to protect your rights. If you are accused of a crime in New Jersey, you are innocent until proven guilty. An experienced felony criminal defense lawyer will protect your rights throughout the legal process.

There are countless New Jersey felony criminal offenses and they are divided into four classes. 1st-degree felony offenses are major offenses like murder and rape. 4th-degree felony offenses are crimes like DUI and stalking. 2nd and 3rd-degree felonies are crimes like robbery, theft, and burglary. The recently passed Graves Act makes possession of a firearm by a felon a 1st-degree felony in New Jersey.

Every case is different, but every criminal offense has essential elements. Robbery has two essential elements. A theft needs to occur and a threat or act of violence needs to be perpetrated. Without a threat, then the offense may just be theft. Likewise, burglary requires that someone enter premises without permission to commit an offense like theft. If someone has permission to enter the premises then there is no burglary. These are nuances of the law that a knowledgeable felony criminal defense lawyer knows.

With the recent passage of the Graves Act, felons who possess a firearm can receive a life sentence. If you have been arrested for this offense, you need to have an attorney who will stand up for your rights. If your criminal defense lawyer finds that your civil rights were violated in a search or you didn’t meet the legal definition of possession when the police arrested you, then your attorney can fight your detention.

The wheels of justice can move fast in the early stages of a case and can roll right over your rights if you don’t have legal counsel to advise you and ensure that your rights are respected. Often times, the initial evidence collected is what leads to a conviction. If arrested, it’s important to get a lawyer involved as early as possible and to abstain from any police questioning without a lawyer present.

Kardos, Rickles, Hand & Bidlingmaier is a leading felony criminal defense law firm serving New Jersey felony criminal defendants. We have the expertise and experience to help protect your rights and ensure that justice prevails. If you’ve been arrested or are under investigation for a felony criminal offense in New Jersey, contact our felony criminal defense attorneys. We help protect your legal rights.

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Criminal Defense in Trenton

If you need a lawyer who practices criminal defense in Trenton to represent you, Kardos, Rickles, Hand & Bidlingmaier is a law firm that can offer you exceptional service. Our attorneys have more than 100 years of combined experience and believe that every client is innocent until proven guilty in a court of law. We are not afraid to stand up in court to get our clients the justice they deserve. Entire blog →

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Trucking Accidents

The very nature of being a long-haul truck driver involves spending many hours driving. Naturally, spending many hours sitting behind the wheel may induce fatigue in the driver. This fatigue increases the risk of danger for both the truck driver and anyone else who may be on the road.

It comes as no surprise then that long-haul truck drivers may cause serious and devastating injuries due to excessive work demands that have them working incredibly long hours. In 2015 alone, nearly 4,000 people died in accidents involving large trucks. Nearly seventy percent of those deaths were occupants of cars and passenger vehicles. Another fifteen percent were pedestrians, bicyclists or motorcyclists. Large Trucks, Insurance Institute for Highway Safety- Highway Loss Data Institute, http://www.iihs.org/iihs/topics/t/large-trucks/fatalityfacts/large-trucks#cite-text-0-0 (last visited June 30, 2017). Entire blog →

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Dram Shop Liability and the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act

Dram shop liability holds licensed bars, restaurants, and other establishments responsible for negligent service of alcoholic beverages. Such liability started out within the common law, but has since been codified in New Jersey with the passage of the Licensed Alcoholic Beverage Server Fair Liability Act. N.J.S.A. 2A:22A-5; Steele v. Kerrigan, 148 N.J. 1, 15 (1997). 

The statute intended “to protect the rights of persons who suffer loss as a result of the negligent service of alcoholic beverages by a licensed alcoholic beverage server….” N.J.S.A. 2A:22A-2; Steele, 148 N.J. at 15. Accordingly, under the statute, one who sustains personal injury or property damage as a result of the negligent serving of alcoholic beverages may sue the server if three conditions are met. Entire blog →

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Implied Warranties in Contracts of Sale

A contract is “a legally enforceable agreement to do or not to do something.” See, Model Charge No. 4.10C, “Bilateral Contracts- Existence of a Legally Enforceable Contract”. We enter into contracts every day, probably without even realizing it. Anytime we purchase or sell something, we enter into a contract. For instance, simply by purchasing a pack of gum at a convenience store, a contract forms. We agree to pay the price of the gum, and the store agrees to give us the gum. Entire blog →

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Pennsylvania DUI Penalties Charts

Pennsylvania DUI Penalties

Below is our Pennsylvania DUI Penalties Charts. Contact Kardos, Rickles, Hand & Bidlingmaier if you have any questions.

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New Jersey DUI Penalties Charts

See Our New Jersey DUI Penalties Charts, below

NJ DUI Penalties

In New Jersey, one may receive a citation for driving under the influence (DUI) for operating a motor vehicle or boar with a blood alcohol content (BAC) of .08% or greater.

Mandatory fines and penalties

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What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to perform to the standard of care that others in their peer group would administer. If they fail to properly diagnose a patient’s condition, the individual has the legal right to sue a doctor for substandard care. Negligence is not only defined as the failure to provide adequate care. Doctors can be held liable for actually inflicting harm to a patient when they prescribe the wrong medication or make a surgical mistake.

Establishing the Duty of Care

All medical professionals owe a duty of care to their patients and negligence or malpractice can occur when they improperly perform their duty out of carelessness. An injured plaintiff may choose to sue a doctor when they deviate from the standards set forth by others in the same field. For example, let’s say that you are admitted to the hospital for a routine operation. The anesthesiologist is tasked with administering the proper amount of medication to keep you under during the procedure. They may be held liable for damages when they breach their duty of care to the patient by giving the wrong medication or administering an overdose. Anesthesiologists are also responsible for properly monitoring the patient’s respiratory condition and other vital signs during surgery. Failing to do so can result in a medical malpractice claim against them. Negligence may be proven by testimony from other medical professionals who act in the same capacity that can testify that the duty and standard of care fell below what was required.

Breach of Duty & Standard of Care

When a person decides to sue a doctor or other healthcare professional, they must be able to prove the necessary legal elements in order for a case to go forward. These include:

• Duty owed to the patient—A doctor owes a duty to their patient when they have an established relationship. They are required to perform to a standard of care that others in their same field would have done.

• Breaching their duty—When a doctor fails to perform their duty at the required level and administers treatment below the standard of care, they may be found in breach of duty.

• Proximate cause—If the direct cause of the patient’s injuries were the result of the physician breaching their duty, the plaintiff has an established case.

• Damages owed to the victim—The injured patient may seek damages when the injuries were caused by the medical professional who breached the duty of care. Victims can recover both economic and non-economic damages and in some cases may be able to sue for punitive damages when the doctor’s conduct appeared to be willful in nature.

Filing a Medical Malpractice Claim

Medical malpractice continues to be a huge problem throughout the U.S. Many victims are left with debilitating injuries requiring life-long medical care. When you have been the victim of medical negligence, you should consult with an experienced medical malpractice attorney to examine the facts of your case. Contact Kardos, Rickles, Hand & Bidlingmaier for a free consultation.

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Pennsylvania Product Liability

Pennsylvania law recognizes multiple causes of action where someone suffers an injury due to a defective product. These types of cases are known as “products liability” cases.

A products liability action may succeed without any wrongdoing on the part of the manufacturer or distributor. To succeed in Pennsylvania, one must simply show “(1) that the product was defective, (2) that the defect existed when it left the hands of the defendant, and (3) that the defect caused the harm.” Putt v. Yates-Am. Mach. Co.722 A.2d 217, 220 (Pa. Super. Ct. 1998). Thus, liability may result from what are known as design defects, manufacturing defects, or warning defects. Entire blog →

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What is a Restraining Order?

A restraining order provides protection against domestic violence. N.J.S.A. 2C:25-28(a). It provides protection against present or former household or family members, someone the applicant is currently or has previously dated, or someone with whom the applicant has a child or is pregnant by. N.J.S.A. 2C:25-19 (d).

New Jersey recognizes two types of restraining orders: Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO).

A TRO may prohibit a defendant from returning to the scene of the domestic violence; forbid the defendant from possessing any firearm or other weapon; and direct the possession of any animal owned or kept by either party or a minor child residing in the household. N.J.S.A. 2C:25-28(j). A TRO may also permit the judge to grant custody over children and give exclusive possession of a home. Id. Entire blog →

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