When you or someone you know becomes involved with the criminal justice system the psychological and emotional impact can be overwhelming. You cannot navigate the system without the assistance of an experienced criminal defense attorney to help at every step of the way. This is true regardless of the nature of the offense, whether it be a motor vehicle case, a disorderly persons offense, or an indictable offense also known as a crime.
Disorderly persons offenses and motor vehicle cases are heard in the local or municipal court by a municipal court judge. These cases, such as simple assault, harassment, possession of a small amount of marijuana, and disorderly conduct, are usually disposed of or finished within a few month’s time. The penalties are usually a fine (up to $1000) and court costs but may also involve probation and a loss of one’s driver’s license. In rare cases, a county jail sentence may be imposed (up to 6 months).
The penalties for driving under the influence of alcohol or drugs are also severe. While the penalties may vary, a common result is a seven month loss of driving privileges, fines and penalties in excess of $500.00, and license restoration fees in excess of $3,000.00 for a FIRST OFFENSE. The technology used by law enforcement is very sophisticated and needs to be reviewed and challenged by an experienced professional. Other motor vehicle violations, such as driving while suspended, driving with no insurance, or leaving the scene of an accident similarly carry loss of license penalties and possible jail time.
Crimes or indictable offenses are those that have been presented to a grand jury which has determined “probable cause” exists for the return of an indictment. Grand Juries do not decide guilt or innocence but rather that trial by regular or “petit” jury is necessary to determine guilt or innocence. These offenses require the skills of a specialist in criminal defense work. It is important to retain an attorney the moment you or someone you know is a potential target of a criminal investigation. If the police want to talk to you and you are the ”target” of an investigation, it is important that you consult with a criminal defense attorney immediately. The consequences can be severe. An attorney who knows the system can guide a potential defendant away from charges or to a result with less severe consequences if the prosecutor or US Attorney’s Office is notified by your counsel that you are represented.
At Secare and Hensel we have handled thousands of criminal cases and have literally tried everything from careless driving to murder cases. Mr. Secare was a State Prosecutor or Deputy Attorney General, prosecuting organized crime, white collar and “street” crimes for ten years. Since then he has handled dozens of high profile criminal cases in multiple counties giving him a statewide reputation for professionalism and excellence. He is certified by the State Supreme Court as a criminal trial attorney. His fellow attorneys have recognized him as preeminently qualified and have rewarded him with their highest rating.
Mr. Hensel has been both a municipal prosecutor and public defender as well as counsel to those charged with indictable offenses.
We are proud of our record of protection of individual and professional rights.
You have a case if the actions of another individual operating an automobile, truck, airplane, motorcycle, or other motor vehicle were careless. Careless is simply another word for negligent, which is defined as failing to do what a reasonable person would do, given a certain set of circumstances. For example, if an individual failed to stop his vehicle at a red light, as a normal person would, he could be considered negligent and responsible for damages. These can include personal injuries caused by his actions for any pain and suffering, permanent injuries, disabilities, or even death.
In order for damages to be sought, an injury need not be physical. Such cases that involve being subjected to extreme emotional distress or verbal abuse may also entitle you to damages. In the case of a death within a family, surviving family members can recover damages through wrongful death laws & litigation.
Although many personal injury cases only involve minor injuries, you may still be entitled to substantial monetary damages. Medical expenses, no matter how small they are, including hospital expenses, medications, personal therapy can be recovered. In addition, in cases of extreme negligence, punitive damages can be recovered to ensure that the conduct is not repeated in the future.
There is an increased use of mediation as a means of resolving personal injury claims. During the past several years this process has become one of the most widely used methods of arriving at a reasonable compromise settlement in an personal injury or wrongful death claim, especially in claims that would be the most expensive and difficult to litigate to a jury verdict. When approached effectively, it ends the claim or litigation without any further costs to the client; when it fails, the injured individual proceeds to use the regular procedures of litigation and jury trial without any penalties. Additionally, mediation is an extremely cost-effective procedure that could save the injured person an enormous amount of money in litigation expenses.
Each state has its own workers’ compensation laws to handle claims from employees who are injured on the job. These laws are strict liability – fault and negligence by the employer are not considered in order to collect benefits. Punitive damages are not available to the employee. The legal defenses available in a civil action such as comparative negligence and assumption of the risk are not available to the employer in workers’ compensation.
However, the injury or illness has to be incurred in the course of employment in order for the workers’ compensation system to provide benefits to the injured worker. Workers’ compensation is generally the exclusive remedy for an employee’s injuries or illnesses arising out of the course of employment. It is typically required by the state for every employee – although state law may provide for specific exemptions for officers/owners, small companies (those with three/four/five or fewer employees), domestic workers, farm hands, and independent contractors.
Workers’ compensation hearings, if necessary, are normally administrative proceedings that take place in a separate court system. However, there are some limits to workers’ compensation being an “exclusive remedy.”
Secare and Hensel have been serving realtors and real estate clients for over 50 years. These transactions include simple sales and purchases along with complex commercial transfers. Real estate transactions can be emotional. Our staff provide daily access and attention to your needs with prompt and frequent contact regarding the status of your contract. Please contact the office for assistance with all of your legal transactions.
- Residential Contracts to purchase or sell existing homes, new construction and vacant land
- Deed transfers