As I set forth in detail in a prior blog post, the criminal charge of “Official Misconduct” in New Jersey has serious consequences ranging from 3-10 years, depending on the allegations (or the degree of the Official Misconduct charge). In addition, unlike most other non-violent crimes, a conviction for Official Misconduct carries a period of parole ineligibility – meaning that you will be in State Prison without the possibility of parole for a lengthy period of time.
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 […]
Although most assisted living facilities are aware that they are required to have written resident agreements, many assisted living owners and administrators fail to appreciate the significance of having an updated resident agreement that accurately represents your business interests. It is this author’s humble opinion that this is the single most important document in the long-term care industry.
