Sep 6, 2019 | By Anthony J. Vecchio | Read Time: 1 minuteAfter flashing his headlights to warn oncoming motorists of a speed trap, the driver was given a “$260 ticket for improperly using his headlights.” Instead of paying the fee outright, the driver fought the ticket in court. The Oregon driver recently learned that he’d won the legal challenge in an unusual way – on the grounds that the citation violated his free speech. Like every alleged violation, New Jersey’s vehicle code and other state law dictates the basis for a dismissal of a traffic ticket. So, while New Jersey drivers cited for a traffic violation may not expect a similar outcome as the one in Oregon, a dismissal on other grounds is still possible. Traffic violations—including driving without a license or with a suspended license, driving without insurance, speeding, failing to stop, or otherwise allegedly violating Title 39 of the code—vary in severity and penalties. Some can—and should—be fought in court. Many New Jersey motorists are under the mistaken impression that fighting a ticket in court is costly and not worth the time and effort. If, however, you’re facing more serious consequences, you should to consult with an attorney as soon as possible. Facing a suspended driver’s license, or a revocation of a commercial license, or even jail time, can cost you time and money as you miss work due to an inability to commute. You may not have the luxury of time to debate whether you should contact a knowledgeable traffic citation attorney. Years of defending drivers who have made New Jersey traffic citation attorney one of the most common practice areas at the Law Offices of Anthony J. Vecchio, LLC. Contact our office to discuss your particular situation.
Read More Sep 5, 2019 | By Anthony J. Vecchio | Read Time: 3 minutesDomestic violence is a serious crime in the eyes of New Jersey. When police are called to a domestic dispute, they can arrest an alleged abuser, even if the victim does not want them to. The police can also arrest an alleged abuser if there is no witness to testify against him. Once arrested, the prosecutor must decide whether to bring criminal charges. The victim is not required to take part in the arrest or conviction of an abuser. What happens if you or a loved one has been arrested for domestic violence? What can you do to help him or her? In this article, we’ll discuss how to drop domestic violence charges in New Jersey. Contact a criminal defense attorney for review of your case. Why Can’t You Just Drop Charges? Oftentimes people are in romantic relationships with their abusers. As a result, many victims try to protect the person who is abusing or terrorizing them. Some abusers bully or scare their victims into getting charges dismissed. As a result, the prosecutor can bring charges against your partner or spouse even if you don’t agree to it. New Jersey does not need a victim to “file charges” against an abuser, so they do not give victims a right to “drop charges.” What Can You Do? The fact that the prosecutor can bring charges even if you don’t agree doesn’t mean that they will. Prosecutors like to get defendants to take a plea deal; the defendant agrees to plead guilty for a reduced charge or promise of a lighter sentence. But if a defendant rejects a plea deal, prosecutors must present their case to a jury. A prosecutor needs evidence that domestic violence occurred to get a conviction. A criminal defendant can take the Fifth instead of testifying against himself. Often, the only two people who saw the violence were the abuser and his victim, meaning you. So, what happens if you don’t want to testify against a partner or spouse? The state will send you a subpoena to force you to testify. If you refuse, then the judge can hold you in contempt. In other cases, the prosecutor might rely on other evidence, such as a 9-1-1 call. This can be used to prove that an attack occurred. To understand your options, you need to identify the evidence the state has: Request a copy of the police report. This should give you some sense of what evidence the prosecutor has. You’ll also find out if the defendant made any incriminating statements. If so, trying to fight the charges will be an uphill battle. Discuss your case with an attorney. There may be options. For example, you might have been intoxicated the night of the alleged domestic violence. Bringing this fact to trial could help undermine the evidence that violence took place. How Can an Attorney Help? If you were arrested for domestic violence, you need to understand your rights and know if a plea offer is a good deal. Not every domestic violence conviction leads to time in jail. A lawyer can review the evidence and help you decide what steps to take. If you are a victim or witness—say, the defendant’s girlfriend, boyfriend or spouse—you need to understand what will happen to you if the prosecutor brings charges. We cannot tell you to lie on the witness stand, but you might have options for making it hard to use you as a witness. In theory the prosecutor can bring charges without the victim’s cooperation. In practice, however, it can be tough for them to get a conviction when a victim doesn’t cooperate. Call Us to Schedule a Free Consultation Anthony J. Vecchio is an experienced criminal defense lawyer who has spent years working as a prosecutor. He now uses his talents to represent those unfairly accused of a crime. To get started, contact one of his offices today to schedule a case evaluation.
Read More Sep 5, 2019 | By Anthony J. Vecchio | Read Time: 3 minutesUnfortunately, there is no easy answer to this question. The details of most settlement agreements are private. Because of this, there is no way to know the average personal injury settlement amount. Every personal injury case is different—different injuries, different defendants, different insurance policies. Hearing that your cousin got $40,000 for a broken bone in a car accident doesn’t tell you much about how much you can get for a concussion you got when you slipped at the grocery store. Instead of talking about “averages,” let’s look at how an insurer will determine a settlement amount. Then we can talk about ways to maximize the amount you receive. As always, meet with an experienced New Jersey personal injury lawyer to discuss your case. How Does an Insurance Company Value Injuries? Big insurance companies have been around for decades. They have settled all kinds of insurance claims and have a good idea of how much an injury is worth. Unfortunately, they don’t share this information, so how an insurer decides a number is a little vague. Once an insurer agrees that their insured caused the accident, they will calculate the amount to offer. This can include: Medical bills. The insurer will analyze all medical care and make sure it isn’t too expensive. Usually, they cover all costs related to surgery, rehabilitation, physical therapy, and prescription drugs. Lost wages. If you needed a break from work because of your injury, the insurer will cover lost wages. Property damage. Your car might be damaged or totaled, so they will calculate how much to offer to repair or replace it. So far, all this is pretty routine. An insurer might argue that you didn’t need a certain test or that your car is only worth so much, but they are usually pretty good about covering these costs. Things get tricky when looking at future losses. You might be so injured that you are permanently disabled. You could need surgery or other medical care for decades to come. An insurer will cover future losses, such as future medical care and lost wages, but they might argue about how much to pay. How Much Does an Insurer Offer for Pain and Suffering? Insurance companies tend to be stingy when it comes to compensation for intangible losses. They only offer a few thousand dollars, even when clients have serious injuries. No one knows how insurance companies arrive at a number for pain and suffering. Some people claim they use a multiplier of your economic losses. For example, if you lost $20,000 in medical bills and lost wages, they might offer 1-4 times that for pain and suffering. Others think they look at how much they paid for similar injuries and then offer that amount. The key is to hire an attorney who can bump up the amount of money for pain and suffering. Your attorney should help you document it and make a compelling case for why you deserve that amount. How Can You Increase Your Settlement? There are many things you can do to increase the amount of money you receive in a settlement. For example, you should: Save all medical bills. This can help establish how much money you are owed. Document your pain and mental suffering. Keep a journal where you note daily where you are feeling pain, its intensity, etc. Explain how your injuries hinder your daily life. Never discuss your case with an insurance adjuster without having an attorney present. The adjuster might try to get you to downplay your injuries or take responsibility for the accident. Both could limit the amount of compensation you receive. If you hire an attorney, he or she can take concrete steps to build a solid case. For example, we can collect evidence so that it is clear who’s at fault and document your injuries. An experienced personal injury attorney will negotiate a settlement for you. Trust our experience to drive a hard bargain. Contact Us Today The Law Offices of Anthony J. Vecchio represents personal injury victims across New Jersey. If you have been injured, don’t delay. Contact us today to schedule a free case evaluation.
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