While the author of the bill states that the bill is aimed at drug kingpins, in practice the law's passage will mean another major consequence for a wide range of drug offenders who face a criminal conviction. The offenses listed in the bill already come with potential prison terms ranging from ten years to life.
Putting even more resources in the hands of local prosecutors would mean additional incentives for accused individuals to work closely with an experienced criminal defense lawyer. In the aftermath of a bust involving significant quantities of any controlled substance, a drug crimes attorney can provide advice and representation about seeking to reduce charges and asserting a client's rights to avoid the worst criminal consequences.
Source: The Trentonian, "NJ bill takes aim at drug kingpins," 3/15/12.
]]>Beneficiary Designations
When you start your retirement account, you are asked to designate a beneficiary-a person or organization who you want to receive the balance in the account after your death. In many cases, you will also be able to list a secondary beneficiary, who will receive the funds in your account in the event that your primary beneficiary is not living at the time of your death.
]]> Spouses, Young Relatives and Charities Make Great BeneficiariesOne of the main benefits of retirement accounts is they let you defer paying income taxes on what you contribute to the account until you (or your beneficiary) start withdrawing funds from the account. However, the laws also require you to start withdrawing funds once you reach a certain age.
If you name your spouse as beneficiary, upon your death, he or she can rollover the funds in your retirement account to his or her own retirement account and delay having to withdraw funds (and pay income taxes on those withdrawals) until he or she is 70.5 years of age.
Naming young relatives as beneficiaries can be a good idea, as it gives them the option to delay withdrawing the funds over the longer period of their life. By law, the young relatives will not have to withdraw funds until they are in their later years, giving them years of tax-free growth.
If you would like to leave money to a charity, consider financing your gift with your retirement plan funds. Leaving your money to a charity allows a deduction from estate taxes, allowing the funds to pass to the charity free of estate or income taxes.
Know Your Retirement Plan
Before beginning your estate plan, know that all types of retirement accounts are different. Some accounts, like IRAs, are governed by federal law, which means the same rules to apply to each IRA. Employer retirement plans, however, are not uniform. There may be restrictions on who may be a beneficiary or prohibitions on rolling over funds.
Despite the differences between the types of retirement accounts, a good estate plan can leverage the type of account that you have to your advantage and ensure that the funds in your retirement plan pass to your intended beneficiaries with a minimum amount of taxes.
Source: Dailynewstranscript.com, "5 facts about estate planning, retirement benefits," Maria Baler, 12/5/11.
]]>The Division of Consumer Affairs (DCA) is increasing its sit-in pharmacists from nine to 13, adding two investigators to its drug-diversion department and bringing in three more investigators who double as nurses within its quality of healthcare section, according to the Record. The changes come amid concern that abuse of drug prescriptions and distribution is on the rise.
]]> NJ Focus on Prescription Drug CrimesIn 2011, the DCA finished 64 investigations into purported indiscriminate drug prescriptions, unlawful distribution and diversion, says the report. Figures show that there were 7,238 admissions of prescription painkiller abuse to New Jersey-based substance abuse treatment programs in 2010, more than twice the number of cases reported in 2007.
Now DCA director Thomas R. Calcagni said he had wanted to increase the DCA's use of undercover investigations for about a year.
On top of the staff additions to the DCA, New Jersey Attorney General Jeffrey S. Chiesa announced the development of a computer program designed to help identify healthcare workers, pharmacists and patients who wrongfully acquire or disburse prescription drugs. According to an agency spokesperson, the DCA also relies on law enforcement for some of their undercover investigations.
The DCA heads all of the state's licensing boards for medical professionals. In its position, the agency has the power to bring civil lawsuits against abusers of drug distribution and prescription privileges.
A drug charge is a serious offense and should not be taken lightly. Those convicted of fraud and illegal possession or distribution of prescription drugs face hefty fines and prison time, ranging from 18 months and $25,000 to a maximum penalty of $300,000 and 20 years imprisonment depending of the drug amount.
If you have been charged with a New Jersey drug offense, it is important to speak to an experienced criminal defense attorney as soon as possible to help you protect your rights.
Source: "N.J. Attorney General Expands Efforts Against Prescription Drug Abuse," NorthJersey, 1-30-12.
]]>As lawyers who defend New Jersey identity theft charges, we are well aware of how a broad a term "identity theft" can be.
We also know that there is such a thing as mistaken identity theft. A recent case in point concern a man who sought to purchase a house in New Jersey, only to be informed by his bank that his identity had been stolen.
PC magazine recently reported on the case. The man, by the name of James, was about to sign the mortgage papers for a townhouse in Morristown. He and his wife had been working in New York and renting an apartment in Connecticut.
After finding a house they loved in New Jersey, they were all ready to sign off on the loan when their bank, Bank of America, told James that someone had stolen his identity.
]]> The bank was wrong. James had merely made several large, out-of-the-ordinary purchases, in preparation for his move. Fearing that James's account information had been stolen, the bank temporarily shut down the account.This had the effect of causing the credit agencies to give James a much lower credit score. This, in turn, resulted in a much higher rate of interest on his mortgage.
The moral of the story? No one would deny that the problem of identity theft is real. But in individual cases, banks - and sometimes prosecutors - can overreact.
Source: "The Hidden Cost of Mistaken Identity Theft," PCMag, 12-12-11
]]>As nursing home neglect lawyers, we know that abuse and neglect can take many forms. It can range from outright assault to negligent inattentiveness that leads to falls and wandering off episodes. It can also involve allowing bedsores and other pressure sores to develop in residents with mobility issues when staff do not provide sufficient assistance.
These are all significant threats to vulnerable elderly people. Yet none is as consistently lethal as failure to diagnose cancer.
]]> How could it be that cancer goes under diagnosed in nursing homes and other care facilities? It could be that nursing home staff somehow think that monitoring for cancer becomes less important when elderly residents have other health conditions.The existence of other health conditions, however, should not be an excuse for failure to monitor elderly people for cancer and other progressive diseases.
After all, cancer is a common occurrence among senior citizens. According to the National Cancer Institute, about 60 percent of all diagnosed cancers are among people over the age of 65. People in that age group are also over 15 times more likely to die of cancer than those who are younger.
Early detection and treatment are crucial in dealing with cancer. This is because cancer is a progressive disease in which cancerous cells keep growing and spreading unless they are confronted with treatment.
This reality does not change just because someone is already in a nursing home. Failure to diagnose cancer in a nursing home could lead to an untimely death - and potentially a wrongful death lawsuit.
Source: "Undiagnosed Cancer in Nursing Homes," Parent Your Parents.com, 12-6-11
]]>According to a key federal safety agency, there were 52 deaths involving crib bumpers from 1990 to 2010. The Consumer Product Safety Commission did not say bumpers were specifically to blame for these deaths, but nonetheless bumpers were involved.
Manufacturers of children's products dispute the notion that crib bumpers are responsible for defective product injuries. Instead, the manufacturers assert, bumpers can actually prevent children's injuries by keeping limbs from getting stuck in the slats of the crib.
The American Academy of Pediatrics recommended last week that parents stop using all crib bumper pads due to the risk such bumpers pose to infants. Those risks include the risk of suffocation and the risk of strangulation.
Product manufacturers claim that these risks apply only to "pillow-like" bumpers, not to the vast majority of bumpers. Safety advocates counter that there is no evidence that the traditional bumpers are less likely to cause suffocation than the fatter, pillow-like bumpers.
The Consumer Product Safety Commission plans to review the crib bumper issue closely and set up an expert panel to make recommendations.
]]> Safety advocates believe the CPSC should take a strong stand against crib bumpers. "All major safety and health groups now agree - bumpers are an unnecessary and dangerous crib accessory," said Nancy Cowles, executive director Kids in Danger, a product safety advocacy group.The children's products industry is understandably concerned about lost profits from crib bumper sales. Far more important than profits, however, are the lives and safety of the children in those cribs.
Source: "Pediatrics group says no to crib bumpers," USA Today, 10-18-11
]]>More attention should also be paid, however, to what auto manufacturers are doing proactively to design safer cars and trucks. Recalls are about fixing product defects and other past problems. What are carmakers like Toyota doing to make safer vehicles for the future?
Toyota recently announced that will provide funding for several research projects on vehicle safety. The automakers is partnering on this with the Virginia Tech Transportation Institute (VTTI) and others to develop recommendations for improving safety.
The projects will seek to gather more detailed data on distracted driving, teenage drivers who are newly licensed, and senior drivers whose faculties are failing.
]]> Inattention is a key problem regardless of age. In one study at VTTI, inattention was the cause of 54 of the 69 crashes studied.The studies that Toyota is funding are likely to have clear implications for the design of cars, particularly when it comes to the installation of automatic systems. For example, Toyota and the MIT AgeLab are working on a study that examines how command systems that are built right into the vehicle affect driver distraction.
One question that this study seeks to answer is how voice-activated navigation controls may affect driver performance.
And then there is the issue of which smartphone applications should be allowed to be installed directly into vehicles by the manufacturer. These applications need to be handled with care, considering how they can contribute to distracted driving accidents.
Source: "Toyota takes on the myth of the above-average driver," CNN Money, 9-22-11
]]>That is why so many states have graduated driver's license (GDL) laws. These laws create a structure for teenagers who are learning to drive. Components of the laws include such safeguards as limitations on night-time driving and the number of passengers that a new driver can carry.
In New Jersey, the GDL law was modified two years ago to impose a strict passenger limit. First-year drivers are required to have an adult in the vehicle at all times. After that first year, the next step is a Graduated Driver's License. This type of license allows driving without an adult, but with only one passenger.
The consequence for violating the passenger limit is a possible $100 fine. But a violation does not affect the status of the violator's license.
]]> On August 20, the limitations of New Jersey's GDL law came into tragically bright focus. A 17-year-old football player, Casey Brenner, was driving an SUV with seven teammates as passengers. The eight teens were headed from their high school in Linwood, near Atlantic City, to a restaurant to meet other players.Somehow the SUV, a Ford Explorer, flipped over on the Garden State Parkway. The SUV apparently came upon stopped traffic on the road. The exact cause of the accident, however, remains under investigation by the state police.
Four of the eight boys died in the rollover.
In the aftermath of the terrible crash, the New Jersey legislature may revisit the issue of how to strengthen enforcement of passenger limits for new drivers.
Source: "Compliance with NJ young drivers law in spotlight after 4 die in crash of SUV driven by teen," Washington Post, 8-23-11
]]>Yet the U.S. has lagged behind. Even as horrific bus accidents continue to occur, the bus industry has resisted the installation of lap-and-shoulder belts that would unquestionably save lives in rollover accidents.
Efforts to improve bus safety failed last year in the Senate. But this year the issue has received renewed attention after the terrible crash in March in New York City in which 15 people were killed. Only two days after that crash, another bus crash on the New Jersey Turnpike claimed the lives of two more bus passengers.
]]> Following these accidents, Congress once again took up the issue of requiring motor coaches to have better equipment to prevent passenger ejection in rollover accidents. There is no question that seat belts and stronger windows would save lives.Meanwhile, bus accidents continue to happen. On August 13, for example, a Greyhound bus driver lost control of his vehicle on the Pennsylvania Turnpike about 20 miles east of Harrisburg. The bus collided with a barrier, went up an embankment, and then flipped onto its side. At least 21 people were injured and had to be taken to local hospitals.
The National Transportation Safety Board has been conducting a review of safety in the discount bus industry. Clearly there are fundamental issues affecting passenger safety on buses that need to be resolved.
Source: "Bus Overturns on Pennsylvania Turnpike," New York Times, 8-13-11
]]>Under New Jersey law, all vehicles must carry automobile insurance, and uninsured drivers are not permitted to sue for the injuries they suffer in car accidents. Until now, however, the law was unsettled as to whether the owner of an uninsured vehicle may sue for injuries suffered while riding in the vehicle as a passenger. The answer, the court says, is no.
The question was brought before the court by Denise Perelli, a New Jersey woman who was injured while riding as a passenger in her own uninsured vehicle. As reported in the Star-Ledger, Ms. Perelli's friend was driving the car when another vehicle pulled into their lane, causing a collision that injured Ms. Perelli and killed her companion.
]]> When Ms. Perelli sued the other driver to recover for her injuries, the Supreme Court ruled that her uninsured status rendered her ineligible to sue even though she was a passenger when the accident occurred.The law that prevents uninsured drivers from suing for their injuries was intended as a measure to ensure compliance with New Jersey's mandatory car insurance laws. The Supreme Court, in its written decision to dismiss her case, reasoned that allowing Ms. Perelli to sue would circumvent that purpose.
Critics of the decision argue that the court should have allowed the legislature to clarify the ambiguous law, rather than speculating as to what was intended.
Source: http://www.nj.com/news/index.ssf/2011/06/nj_supreme_court_rules_uninsur.html
]]>But when manufacturers of those firepots fail to make them safely, terrible accidents can occur. Two recent explosions involving firepots and fuel gel in New York caused three people to suffer severe burns. The burns required hospitalization.
When the New York Times wrote about these accidents, numerous people from around the country reported that similar fires had occurred in the last few years, since firepot products went on the market. These cases are a vivid reminder of why products liability law exists: to hold those who make and distribute unreasonably dangerous products like this accountable.
]]> In one of the New York cases, on May 28, a 14-year-old boy was burned by hot, jelly-like fuel after a firepot malfunctioned prior to a wedding reception planned for the backyard. When the boy's cousin attempted to light a firepot, the quart-size bottle of fuel the cousin was pouring from burst into burning flames.A few days later, on June 3, a 24-year-old man in Manhattan was subjected to second-and-third degree burns from the fuel for a firepot exploded.
The problem isn't only the explosion - though that alone is devastating, an occurrence that witnesses liken to a napalm bomb going off. To make matters worse, the jelly-like fuel sticks to skin and clothing and keeps burning, even when victims roll over on the ground.
Napa Home & Garden Inc., the manufacturer of the firepots involved in the New York incidents, has asked retailers to stop selling them, not only in New York but nationwide. The federal Consumer Product Safety Commission has also begun an investigation.
Source: "After Accidents, Firepot Manufacturer Stops Sales," New York Times, 6-13-11
]]>With this many vehicles on the road, preventing motorcycle accidents takes efforts by all concerned - not only bikers themselves, but also passenger car drivers, truckers, and bus drivers. In short, it takes all who share the road.
May is National Motorcycle Safety Awareness Month, which makes it a good time to reflect on this.
For car drivers, improved safety awareness includes some simple precautions that can make a real difference in preventing motorcycle accidents. For example, motorists should be sure to exercise care in switching lanes. This means double-checking the side and rear-view mirrors, just to be sure that all is clear.
]]> Similarly, before turning at an intersection, it makes good sense to give one more look to each side. That simple action alone can be enough to avoid a collision.The New Jersey Motor Vehicle Commission has a Motorcycle Safety Education Program, which works to improve awareness of basic principles like those outlined above. Putting those principles into action, however, depends on everyone on the road taking personal responsibility for their actions.
If you have been injured in a motorcycle crash, or someone in your family has, contact an experienced New Jersey personal injury attorney at our firm. A lawyer can explain to you what your legal options are for pursuing compensation.
Source: "LETTER: Share the Road With Motorcycles," The Trentonian, 4-27-11
]]>Earlier this month, on the New Jersey Turnpike, two fatal truck accidents occurred within only a few hours of each other. On April 5, at about 6:15 a.m., a tractor trailer hit at pedestrian in Barrington. The pedestrian was killed.
To clear the accident scene, state police had to close the southbound lanes for a period of time.
Less than three hours later, another tractor trailer ran into a passenger car in Mount Laurel, killing a person in the car. The car had slowed down due to delays caused from the earlier accident.
After colliding with the car, the truck overturned. This caused produce to spill out into the northbound lanes of the turnpike.
Authorities are investigating both accidents.
]]> Accidents like this are a tragic reminder of the ongoing need to improve truck safety. Federal safety agencies have been working on a comprehensive improvement initiative to do that known by the acronym CSA. The initials originally stood for Comprehensive Safety Analysis. More recently, that has been changed to Compliance Safety Accountability.The program is the biggest change in the way trucks are regulated in 30 years. It aims to gather better data and intervene sooner in order to get bad drivers off the road. Estimates place the number of drivers in that category as up to 150,000 - about five percent of the 3 million long-haul truckers in the country.
Source: "2 fatal crashes snarl NJ Turnpike traffic in South Jersey," Asbury Park Press, 4-5-11
]]>In the United States, however, it is illegal to have a driver's side mirror that is entirely convex. That is, the main mirror on the driver's side of the car must be flat. This rule forces the driver to turn his or her head to see what is in the car's blind spot. The convex mirror would make this move unnecessary.
While it may seem like a small thing, improving the utility of cars' side mirrors could end up preventing car accidents and saving lives. Drivers are sometimes negligent in not checking the blind spot. But a biker, pedestrian or other driver in a blind spot could suffer injuries when the car's driver makes a move.
Possible Change to the Rule on Side Mirrors
A recent National Highway Traffic Safety Administration (NHTSA) proposal includes a discussion of allowing the use of convex side mirrors on U.S. autos.
]]> General Motors and Mercedes-Benz have petitioned the agency to adopt the driver's-side mirror rules that Europe uses. The manufacturers say that convex mirrors on both sides of autos will enlarge drivers' scope of vision.Promoting Pedestrian, Driver Safety
The use of convex driver's side mirrors could prevent back-up accidents, in addition to crashes that can occur when a driver is changing lanes.
U.S. drivers and auto manufacturers are allowed to install smaller convex mirrors in the corners of their flat side mirrors. But a change to the rules, allowing the large convex mirrors and helping drivers see more of the road, is a logical step.
Source: "In Defense of Convex Driver's-Side Mirrors," New York Times, 12-30-10
]]>But evidence from recently published research on trauma hospitals in Pennsylvania suggests that patients who go into the hospital over the weekend may receive better care than those who went in during the work week.
The research examined the records of over 90,000 patients over a five-year period. Researchers expected to find no difference between weekend care and work week care in trauma centers. After all, trauma centers are required to have the same number of responders (surgeons, nurses, and so on) available at all times to deal with serious car accident injuries, gunshot wounds, and other crises.
]]> What the researchers found, however, was that people were slightly less likely to die if they went into the hospital at off-hours - after 6 pm on Friday or before 9 am on Monday. The data showed that no matter when hospital admission occurred, about seven of every 1,000 patients died. But after controlling for the extent of the injuries and other factors, the researchers concluded that patients had a better chance of surviving if they arrived during off-hours.How could this be? "The hospital is fundamentally different" during off-hours," commented Brendan Carr, the University of Pennsylvania medical school professor who lead the research study. "The operating room is empty. The blood bank is not distracted by other activities," and this can make a difference in the quality of care.
Source: "Injured patients fare slightly better on weekend," Reuters, 3-22-11
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