The Law Offices of Edward Harrington Heyburn, PC

On August 31, 2010, in an unpublished opinion, the Superior Court of New Jersey Appellate Division reversed a lower court conviction for DWI/DUI where the State failed to turn over historical data and repair logs for the police Alcotest. State of New Jersey v. Maricic. While these documents are not foundational documents necessary for the State to obtain a conviction, they are documents that would challenge the reliability of the Alcotest.  This case begs the question of what happens when the State says that they do not have repair logs.  For a long time, the State has been able to shirk its responsibility to turn over repair logs by denying that any such documents exist.  Now that the appellate division says Defendants are entitled to such documents, the fight to show that the State fails to properly maintain repair logs in on!

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• Personal Injury
• Workers Compensation
• Criminal Matters
• Traffic Matters
• DWI/DUI
• Municipal Court
• Family Law, Divorce, Custody and DYFS Cases.

Call for a free consultation!  (609) 259-7600

37 Robbinsville-Allentown Road, Robbinsville, NJ  08691
Tel. (609) 259-7600  Fax (609) 259-7303
heyburn@heyburnlaw.com

The short answer is no!  Some say New Jersey is a right to work state which really means a right to be fired state. Some employers cloak their discriminatory intent under this guise.  When the cloak is peeled back, we can often see that their true reason for firing an employee violated the law.  “To establish a prima facie case of discriminatory discharge, the plaintiff must prove:(1) that he or she is a member of a protected group;(2) that he or she was performing his job at a level that met his [or her] employer’s legitimate expectations;(3) that he or she was nevertheless fired; and (4) that the employer sought someone to perform the same work after he or she left.”- in McConnell v. State Farm Mut. Ins. Co., 1999  By way of example, if a law firm was run by three partners (two Jewish and one Protestant) and these partners fired a series of Catholic lawyers, the Catholic lawyers would have a cause of action for wrongful termination because someone’s religion is a protected category.  Often, the employer will make false allegations like the employee stole a fee when the employers true intent is to discriminate against someone for their religous beliefs.

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• Personal Injury
• Workers Compensation
• Criminal Matters
• Traffic Matters
• DWI/DUI
• Municipal Court
• Family Law, Divorce, Custody and DYFS Cases.

 Call for a free consultation!  (609) 259-7600

37 Robbinsville-Allentown Road, Robbinsville, NJ  08691
Tel. (609) 259-7600  Fax (609) 259-7303
heyburn@heyburnlaw.com

In New Jersey, what acts are counted as shoplifting?

Taking away merchandise with the intention of paying less than the full price to the merchant Hiding merchandise on your body or something you’re carrying with the intention of not paying for it. Removing, altering, or transferring a price tag with the intention of paying less than the full price to the merchant. Transferring merchandise from the container in which it’s displayed to another container with the intention of paying less than the full price to the merchant (for example, putting a small item inside a large item and only paying for the larger item)
Under-ringing with the intention of paying less than the full price to the merchant
Removing a shopping cart with the intention of not returning it
Intention? How do I prove someone “intended” not to pay me?

There is a presumption in the law that if you find unpurchased merchandise hidden on someone or in their belongings, that he or she hid it deliberately and intends not to pay for it.

What are the penalties for shoplifting?

It depends on the “full retail value” of the merchandise that was stolen.

• 2nd Degree, if the full retail value of property is $75,000 or more; penalties are imprisonment of 5-10 years and fine up to $150,000
• 3rd Degree; if the full retail value is over $500 but less than $75,000; penalties are imprisonment of 3-5 years and a fine up to $15,000
• 4th Degree; if the full retail value of of the property is between $200 and $500; penalties are imprisonment up to 18 mos. and a fine up to $10,000
• Disorderly Persons Offense; if the full retail value of of the property is under $200; penalties include imprisonment up to 6 mos. and a fine up to $1,000

Additional mandatory penalties include:

for a first offense, at least 10 days of community service
for a second offense, at least 15 days of community service
for a third or subsequent offense, up to 25 days of community service AND imprisonment for no less than 90 days

U.S. News & World Report warns drivers which states they are most likely get a speeding ticket. Speeder Be Ware!

Call for a free consultation!  (609) 259-7600

If you are charged with an act of domestic violence, any weapons you have will probably be seized.  What you will be surprised to find out is what the Prosecutor’s Office considers a weapon.  It may be your car, a laptop, cell phone or your favorite Ipod.  You may also be surprised to find out that you may never get these items back even if you are exonherated of the charges.

In essence, there are three ways in which weapons can be returned. First, if the domestic violence complaint is dismissed and no probable cause exists to indict the aggressor. Second, the person who subjects the victim to domestic violence had any charges pending against him/her dismissed. The last remaining option is whether, even if the charges against the defendant were dismissed, and the domestic violence complaint was dismissed and no probable cause existed to indict the defendant, the court, after holding a hearing, determines there still existed some underlying reason to seize the weapons to protect the victim of the domestic violence, i.e. a violent situation no longer existed.  If you are found not guilty or the charges are dismissed than the Prosecutor can ask for a hearing and argue that you are unfit to get your property/weapon back.

Call for a free consultation!  (609) 259-7600

37 Robbinsville-Allentown Road, Robbinsville, NJ  08691
Tel. (609) 259-7600  Fax (609) 259-7303
heyburn@heyburnlaw.com

Edward Harrington Heyburn successfully convinced the Mercer County Prosecutor’s Office to dismiss 2nd Degree Armed Robbery charges against a Pennsylvania man on March 16, 2010.  The client has been incarcerated in the Mercer County Correctional Center since the Fall of 2009.  In the underlying case, the State alleged that the Pennsylvania man used a gun to rob approximately $200 from a Trenton resident on his way to the train station.  During the course of Mr. Heyburn’s investigation, it was discovered that the alleged victim had a cell phone and did not call police immediately after the incident.  It also appeared that the alleged victim walked past NJ Transit Police at the train station, never telling them he was robbed.  The alleged victim did not call the police until after he boarded the train and called his mother to tell her what happened.

Earlier this year Ed Heyburn demanded trial and advised the Court that his client had three (3) alibi witnesses that placed him in Pennsylvania when the incident was alleged to have occurred.  After Judge Osterer called the matter in for trial, the State dismissed the charge.

This case is proof that justice can only be obtained when you hire a trial attorney who is ready, willing and able to defend you before a jury of your peers.

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• Personal Injury
• Workers Compensation
• Criminal Matters
• Traffic Matters
• DWI/DUI
• Municipal Court
• Family Law, Divorce, Custody and DYFS Cases.

Call for a free consultation!  (609) 259-7600

37 Robbinsville-Allentown Road, Robbinsville, NJ  08691
Tel. (609) 259-7600  Fax (609) 259-7303
heyburn@heyburnlaw.com

On January 21, 2010, the Messenger-Press reported that Robbinsville and four other schools have failed to meet the annual mark for the “No Child Left Behind Program.” Students failed to achieve the minimum scores on the annual standardized test. The others schools are also the Upper Freehold Regional School District and Plumstead School district.

The Law Offices of Edward Harrington Heyburn, PC is cuurently challanging the adequacy of the Robbinsville Special Education Program which warehosed students with special needs. Our offices is request that the school district pay for private special education in light of their inability to provide Free Appropriate Public education. If you have any questions concerning a challange to a school board’s decision, please call Edward Harrington Heyburn at (609) 259-7600.

In a case that blurs the line between the victim and predator, The 3rd Circuit is going to answer the questions of whether the laws designed to protect children can also jail them. Any parent who hasn’t heard the term “sexting” better listed up. Children are using technology to send naked pictures of themselves to each other and forward and forward…. Above the obvious concerns about sexting it the fact that it appears to violate the same child pornography laws designed to protect them.

Governor Coresine is set to sign a new seat belt law that will permit police officers to pull drivers over for failure to wear a seatbelt. Although failure to wear a seatbelt is currenly illegal, the new law will allow police officer to stop motorist for failing to wear a seatbelt even if they have not committed any other violations. Ironically, it was Governor Coresine that was injured when in an accident because he failed to wear a sealt belt. Buckle up now or Buck up later.