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The New Jersey Appellate Division decided, and in the process “saved,” a very important piece of legislation in New Jersey – the bias intimidation statute. In State v. Pomianek, decided on January 31, 2013, the defendant David Pomianek, a public employee, was convicted by a jury of harassment by communication, N.J.S.A. 2C:33-4(a), and harassment by alarming conduct, N.J.S.A. 2C:33-4(c) for his conduct towards an African-American co-worker. Based on those two predicate offenses, the jury convicted defendant of bias intimidation pursuant to N.J.S.A. 2C:16-1(a)(3).

Dear Ask the Attorney: I have a question. My husband and I have shared custody of his 10 yr old daughter with his ex-wife. We are now your typical American family by adding 2 more boys to our bunch. We have our 10 yr old daughter 50% of her time […]

Dear Ask the Attorney: My neighbor and I have a hate-hate relationship.  Recently, in retaliation for complaining to the town about garbage in their front yard, my neighbor called up DYFS and reported that I was abusing my children.  It is not true!  I love my children and would never […]

Dear Ask the Attorney: I am being invited to a number of office and industry holiday parties and usually have cocktails at these events, though not to excess.  I noticed recently that there are a lot more police on the road during the holidays and that they have announced a […]