The Law Office Of Jay Weinberg

01/15/2025

Food poisoning cases such as Listeria Monocytogenes and E Coli often result in regional or nationwide outbreaks. Contamination can occur when the critical control points for food safety fail, when food processing plants are careless in handling products and maintaining cleanliness.

The problems documented at the three factories echo some of the violations found at the Jarratt, Virginia, plant linked to the food poisoning outbreak.

07/23/2024

Excellent results and progress in a DWI Case in Little Falls, New Jersey.
I handle many DWI cases across NJ, and there are people who were not impaired when arrested, and it takes focused work to maintain their presumption of innocence. In other cases, I work with clients in addressing drinking and driving and taking steps that both help them personally and improve results in Court. I’ve been in Courts all over NJ, prosecuted in a dozen Courts, and I understand the law and the issues.
If you or your family or friends are involved in a Criminal, Disorderly Persons, or DWI/traffic case, call me.

05/22/2024

This week I am in Anaheim, California for the nationwide All Rise conference. The Middlesex County Prosecutor’s Office and Judiciary invited me as defense counsel to attend this event, and utilizing a grant from my County to finance the trip.

Often my client’s situations are less about criminal intent and more about mental health issues, drug or alcohol usage, PTSD, and other difficult situations. I’ve had clients entered into the Veteran’s Diversion Program, Pre Trial Intervention, Recovery Court, Conditional Discharge, and other diversionary programs, and work with them as best I can on using their interaction with the criminal justice system to create transformative change in their lifestyle and path forward through the challenges life presents. In addition to legal defenses, my efforts include encouraging proper medical intervention, aspects of my program Martial Arts Training Solutions, and other modalities which could be helpful.

I’ve also worked with clients that don’t have formal charges, and seek consultation as encouraged by parents, friends, siblings, and family.

Decades of experience has offered me the opportunity to assist my clients, and the Prosecutor’s Office has viewed my representation of my clients with respect.

This RISE 24 Conference includes 7,000 attendees from around the Country, from a multitude of entities involved in these issues.

Quotes from the All Rise brochure -

All Rise is a promise that all people will be treated with dignity and humanity by a system where accountability and compassion coexist.

“All Rise.” Most people are familiar with the two words that begin every court session. But what if All Rise meant something more? What if All Rise is a promise that all people will be treated with dignity and humanity by a system that measures success by the number of lives saved, families reunited, and communities made safer?

This vision of All Rise is not aspirational. For 30 years, we have helped jurisdictions across the country ensure substance use and mental health disorders are addressed in treatment courts that promote treatment and recovery for our most vulnerable.

The world’s premier conference on addiction, mental health, and justice reform. Since 1995, All Rise has convened the only national conference for treatment court professionals. Expanding alongside our field, RISE attendance has grown to include a wide array of public health and public safety leaders working to expand treatment for people impacted by substance use and mental health disorders.
What remains constant is the unparalleled education, networking, and fellowship enjoyed by every attendee.

We are the training, membership, and advocacy organization for justice system innovation addressing substance use and mental health at every intercept point.
We believe every stage of the justice system, from first contact with law enforcement to corrections and reentry, has a role in improving treatment outcomes for justice-involved individuals.

We are the training, membership, and advocacy organization for justice system innovation addressing substance use and mental health disorders.

03/20/2024

"Current generations inherited democracy and human rights from their parents but they have started to take this for granted.

The truth is that freedom is very fragile. We can’t achieve human rights once and forever. Everyday we make a choice."

- Human rights defender Oleksandra Matviichuk at our Brussels on the future of democracy.

See the full event at https://bit.ly/3TlyVt8

01/25/2024

Joe Luistro’s funeral was yesterday. A procession of over 100 vehicles, filled with so many people he helped in infinite ways, contacts made, jobs created, so many people with careers because of Joe. Over 20 years ago he asked me to be counsel to the NJ American Asian Law Enforcement Officers Association, and in that position I often consulted with LEO, their families, friends, business owners, community members - anyone who needed a consult or advice or representation, dealing with their personal issues that come up in their lives- in all of our lives. Joe connected thousands of people. Diagnosed with ALS three years ago, he kept going, and he planned his funeral, and the repast event last night at the Imperia in Somerset he and his wife Millie Mildred loved so much, a full celebration of his life. May he rest in peace, peace to Millie, his daughters Jessica and Hannah - her eulogy for her father was so beautiful, peace to his family and friends. He will be missed.

New Jersey Asian American Law Enforcement Officers Association

It is with great sorrow and heavy heart that the Edison Police Department announces the passing of retired Sergeant Joesph Vincent Luistro, who valiantly battled ALS with unwavering courage. Sergeant Luistro touched the lives of many with his selfless spirit.

Sergeant Luistro started his law enforcement career in July of 1993 at Rutgers University-New Brunswick Police Department. He then later transferred to the Edison Police Department in December of 1999. A trailblazer, he became Edison Township’s first Asian American and Filipino American Police Officer. In 2008, he assumed the role of President at the New Jersey Asian American Law Enforcement Association, actively fostering inclusivity in law enforcement careers.

Sergeant Luistro, promoted to the rank of Sergeant in 2016, marked history as the first Asian American and Filipino American to hold this position in Edison Township. After 27 years of honorable service, he retired in September of 2020. Sergeant Luistro’s legacy lives on through his dedication to recruiting and mentoring new officers, especially from diverse backgrounds.

Sergeant Luistro’s impact extends far beyond his exemplary career. Let us remember him and support his family and friends during this challenging time.

Arrangements:

https://boylanfh.com/tribute/details/1238/Joseph-Luistro/obituary.html

01/12/2024

I represented a client in a NJ Motor Vehicle Commission appeal of their administrative two year suspension of his license. I had reviewed all of the facts and evidence, and was completely prepared. However, the MVC employee’s discretion to make decisions is critically important as a meeting begins. It was very comforting to see this quote posted on the MVC’s caseworker’s glass partition, and I asked her for permission to take a picture. The hearing went well, we obtained an excellent result.

Do your best to be kind to others. We never know what people are going through. Gauge your decision to walk away from people, or to not include them or not to engage in a bit of friendly banter, very carefully. Don’t judge too harshly, don’t be too petty. If there is a problem, or a change, discuss it with them if they are otherwise reasonable and approachable. Try not to keep people uncomfortably guessing about life situations and relationships. Don’t deliver loss. Inclusion, kindness, understanding, kindly sharing within the relatively few moments we all have is meaningful and important.

12/12/2023

Edison Court - DWI, Reckless Driving, Refusal to take Alcotest, all dismissed.
Client plead guilty to careless driving. If you drink, and the odor of alcohol is present, and you have other issues, you could get arrested for DWI.
If you’re drinking, don’t drive.

11/15/2023

11/06/2023

Woodbridge Municipal Court today, DWI and other serious charges dismissed. The evidence revealed my client was not at all impaired. Many court appearances - finally obtained all blood records which all eventually exonerated my innocent client.

New Brunswick Municipal Court today. DWI dismissed. My client admitted drinking alcohol and taking medication. His alcohol blood level was .02, far below the per se violation of .08, and his prescribed medication taken 22 hours prior didn’t cause him to be impaired.

There are of course too many people guilty of DWI. If your drinking don’t drive. What’s very disconcerting is being charged with the offense knowing you’re innocent. The exposure to fines, penalties, interlock machines, loss of license, and jail is serious. You must defend yourself.

If you, your family or friends need help, call me.

10/22/2023

Below a post from eight years ago regarding two cases resolved for two clients.

As I mentioned in the post, ma*****na is now legal. Running my office, I work the same way on every case I handle, responsible fully to every client that trusts me to handle their legal and life problem. Jun Factoran, my father in law, no longer with us, was a fantastic lawyer, much of his practice focused on human rights, commented eight years ago, “Reminds me of why we entered the legal profession in the first place. Ours is a noble profession, Jay. Keep your ideals alive. Good job.”

I’d prefer prior to legalizing ma*****na a device was developed to determine the level of THC in the blood, and legislation passed reflecting a level NJ determines is impairment for driving based on science and studies, similar to alcohol devices, as THC metabolites remain in the blood for weeks, revealed in urine, and are improperly used to try to prove drivers are impaired. The State now have Drug Recognition Experts, but that analysis is often suspect with ma*****na usage. Just as alcohol impacts people differently, so does ma*****na, and the science to produce a valid scientific test for THC levels in blood and an agreement on what level society deems impaired is much more difficult to accomplish than alcohol tests.

October 22, 2015

Yesterday two courts, two clients, both African American men, one 53 the other 23, and both facing criminal charges with possible jail and definite loss of their careers. In one I wrote a long memo to pre trial intervention in a case where it usually isn't allowed; he had a prior conviction with a prison term 30 years ago. Got out and has worked in his field for 26 years. The facts deeply explored showed diversion from punitive justice was the fair and correct resolution, over putting him back in jail for three years, and we got it and my client gets to move on with probation monitoring his progress. He originally came into my office and I looked at his history, the current offense, the facts surrounding that offense and his family and lifestyle. I told him if I was going to defend him properly I would have to get to know him as well as anyone has in his entire life. Doing that I was able to explain to the Prosecutor where this man had been, how he lived his life, how the event transpired and how sending another man to jail was not the proper solution. The Prosecutor and Judge eventually agreed. Today he is at work.

Evening Court my young client who works with severely developmentally impaired men, taking them to medical appointments and activities, was busted off the job with a small amount of ma*****na. Not wanting to go through the process of getting a warrant, police questioned him for almost an hour, telling him among other things that they were working all night, implying they would just hold him until he consented to a search. I wrote a long memo on right to counsel, custody and interrogation, and search and seizure law under both the federal law and N.J law, and how new law in New Jersey will impact these situations moving forward. In Court, scheduled for trial, I met with the Prosecutor and the police, who had all read the memo, and we all agreed as to where the concerns were - understanding my client was cooperative while police on the road have to make on site decisions dealing with complicated situations. They agreed the Case could be resolved in a fair, less punitive manner. The criminal charge with devastating career consequences was dropped and everyone learned. The Judge accepted the resolution and said after "I read your legal memorandum. It was very good."

Likely the prosecutor had a clue the Judge felt my analysis was persuasive! These cases took a lot of time and a lot of work, with very reasonable legal fees.

Two less men in jail today.

07/07/2023

The New Jersey Supreme Court reviewed whether Facebook -

“could be compelled to provide the contents of two users’ accounts every 15 minutes for 30 days into the future based only on probable cause, the ordinary standard for a search warrant, or whether the State must instead satisfy certain requirements and apply for a wiretap order, which required an enhanced showing -- one beyond probable cause -- because gaining access to private communications in real time is considerably more intrusive than a typical search. The Supreme Court concluded that based on the language and structure of the relevant statutes, the State’s request for information from users’ accounts invokes heightened privacy protections. ‘The nearly contemporaneous acquisition of electronic communications here is the functional equivalent of wiretap surveillance and is therefore entitled to greater constitutional protection. New Jersey’s wiretap act applies in this case to safeguard individual privacy rights under the relevant statutes and the State Constitution.” (Summary from Justia.)

This NJ Supreme Court opinion provides the opportunity to learn about search warrants based on probable cause and wiretaps requiring heightened privacy protections.

The issue this case presented for the New Jersey Supreme Court's review centered on whether Facebook could be compelled to provide the contents of two users’ accounts every 15 minutes for 30 days into the future based only on probable cause, the ordinary standard for a search warrant, or whether t...

06/15/2023

Heather Cox Richardson is an accomplished historian who posts daily articles, often placing today’s political events in the context of American history. In this post, she discusses a Democrat proposed bill to increase the working age for child farm labor from age 12 to age 14. Whatever your political position, Heather Cox Richardson provides daily clear and concise explanations of how political positions have developed. Whether you’re overwhelmed with politics or seeking balanced information, I highly recommend joining her daily email list, of following her on Facebook to receive her daily posts.