- GuardianshipConservatorships are similar to guardianships in that a person is court appointed to care for the needs of another person. However, instead of addressing the physical needs, a conservator attends to the financial concerns for a person who is mentally acute but needs assistance in money management. Guarding assets from fraud, to making sure bills are paid; the conservator oversees the financial operation of the estate.
- Criminal DefenseFurther, he has been recognized by his peers as a Super Lawyer in the New Jersey Monthly Magazine. He has handled major criminal defense cases in both state and federal courts and regularly represents other lawyers accused of malpractice.
- DUI/DWINot Guilty Finding. This defendant with two prior DWI convictions was facing conviction on a third offense with a mandatory six month jail sentence. The State was prevented from admitting evidence of the blood alcohol reading at the presumptive guilt level by counsel's successful objection to the blood alcohol evidence. Counsel's review of the discovery revealed that the marked numbers on the vials which contained the blood drawn from the defendant when he was arrested were different numbers than those which were identified on the laboratory test results. The case was tried by Steven E. Yost.
- Wrongful Death
- Traffic ViolationsHave you or a loved one been arrested? Are you facing misdemeanor or felony charges? Is your license in jeopardy due to traffic violations? If so, it is important to work with an experienced criminal defense attorney to protect your rights and your freedom. Speak with a criminal defense attorney before you answer any questions the police ask, as only your attorney will be protecting your rights and interests.
- Sex Crimes6. Aggravated Sexual Assault: Defendant was charged with aggravated sexual assault, after he admittedly picked up a girl and took her to his place of business where she claimed that they engaged in non-consensual sexual conduct. On behalf of the defendant Mr. Haines introduced testimony that the sexual conduct had, in fact, been consensual. A Jury of 12 persons acquitted the defendant.
- Fraud11. Insurance Fraud. Attorney charged as a defendant: An Attorney was charged as a defendant in a multi count indictment with insurance fraud, conspiracy and theft by deception. If convicted of insurance fraud, a second degree offence, the attorney would have been required to serve the presumptive sentence of seven years in prison for that offense. The case against her was brought by virtue of the fact that she had represented a number of clients who were billed for medical exams that were never performed. The Deputy Attorney General of the State of New Jersey charged her with defrauding Firemen’s Fund Insurance Company for reimbursement for those medical exams that never occurred. Mr. Haines made a motion backed by an extensive brief, to the Presiding Criminal Judge of Ocean County for dismissal of the indictment on a number of grounds, including the fact that the insurance fraud statute did not apply to this situation. The Judge agreed and the entire indictment was dismissed against her.
- Burglary4. Conspiracy, Theft, and Burglary: Defendant was charged with master-minding a burglary in conjunction with several other employees of a retail store. Defendant fled to California, was apprehended two years later and brought back to New Jersey to be tried. After a several week trial the defendant was found not guilty by a jury of 12 persons.
- White Collar Crimes
- Theft
- MisdemeanorsOver the years, our firm has handled hundreds of criminal defense cases for individuals charged with misdemeanors and felonies. We aggressively work to protect the constitutional rights of clients facing charges for...
- EmbezzlementOn the civil side, Mr. Haines has achieved recoveries and verdicts resulting in judgments in excess of $6 million and other verdicts and settlements greater than a million dollars. He has also successfully defended those charged with negligence and facing significant monetary damage by injured persons. He has been involved in various types of litigation involving embezzlement, fraud, and monetary wrongdoing. He has had many cases referred to him by other lawyers, which shows their respect for his ability.
- Drug Crimes8. Possession of Drugs: Defendant was charged with possession of cocaine and marijuana, when the police discovered a substance of cocaine and marijuana in his bedroom after the defendant reported that the house had been broken into by burglars. Mr. Haines argued on behalf of the defendant that, in fact, the cocaine and marijuana was not his. He presented evidence that the burglars method of operation was to burglarize houses for the purpose of obtaining drug money to purchase cocaine elsewhere. The cocaine found in the defendant's house may have been that of the burglars The defendant was acquitted of all charges.
- Assault
- Homicide1. Homicide: Defendant was charged with homicide (involuntary manslaughter) where he had shot and killed his brother with a shotgun during a hunting trip. Mr. Haines argued on behalf of the defendant that the conduct was not reckless but merely a tragic accident. In the middle of the trial, Mr. Haines was able to persuade the Judge and the Prosecutor to allow the defendant to plead guilty the relatively minor offense of Misadventure (accident) While Hunting. The defendant was fined $500. The homicide charges were dismissed.
- Manslaughter5. Homicide, Manslaughter, Death by Auto: Defendant was charged with death by auto (vehicular homicide) after a head-on collision in which the driver of an oncoming vehicle was killed and other passengers were seriously injured. The Prosecution contended that the defendant was driving under the influence of alcohol and introduced evidence of a blood alcohol reading of.16 sometime after the accident. On behalf of the defendant, Mr. Haines introduced countervailing evidence that the blood test results may not have been those of the defendant, and that at least one of the unbiased witnesses at the scene thought the defendant to be perfectly sober. A jury of 12 persons found the defendant not guilty.
- Business DisputesOver the years, our firm has handled hundreds of civil litigation cases for companies and corporations of all sizes. With the goal to protect the interests of our clients, efficiently and effectively, we handle business negotiations and litigation in commercial law matters, including...
- Workers Compensation$672,000.00 * Jury verdict. The plaintiff here was on top of a scaffold which collapsed and caused him to fall to a concrete floor, resulting in fractures to his back and heels. He had multiple surgeries and a “Harrington Rod” was inserted into his back to support his spine. The jury rejected the argument of the general contractor who argued that the subcontractor was responsible for the scaffold set-up, which would have resulted in no verdict since the subcontractor-employer would have been immune to suit under the workers compensation law. The case was tried to verdict and successfully defended on appeal by Richard S. Haines, assisted by Steven E. Yost.
- Wrongful TerminationRichard S. Haines, P.A. 1979-1992 Sole Principal of Richard S. Haines, P.A. The firm has handled numerous litigated matters, both civil and criminal. The practice has included involvement in Labor Negotiations, employer/employee grievances, litigation involving allegations of wrongful discharge, contract negotiations and litigation, as well as all aspects of commercial and residential real estate.
- Employment Contract
- Employment Litigation
- Real Estate Litigation
- Construction LitigationConstruction law is focused on disputes arising during the construction of commercial and residential projects. A construction disputes with suppliers, contractors, subcontractors, unions and land owners can quickly escalate, if not managed properly, to the point where a project is delayed or comes to a complete halt, potentially generating large damages.
- Eminent Domain
- Land Use and Zoning
- Personal InjuryHave you suffered significant personal injury following an accident caused by the negligence of someone else? If so, you have the right to pursue compensation for medical bills, lost wages, pain and suffering and other costs.
- Auto Accidents
- Estate PlanningAs the former lead attorney for the Ocean County Surrogate's Office, Attorney Jerome C. Landers leads our legal team in addressing elder law, estate planning and estate administration counsel. He is viewed as one of the foremost authorities on medical and financial powers of attorney, estate litigation and other areas of elder law.
- WillsHaines & Yost is a law firm located in Toms River that addresses the needs of the elderly. From guiding individuals, couples and families through estate planning and the creation of wills and trusts to helping them make medical and financial decisions for loved ones, our legal team provides experienced and trustworthy counsel. Contact us to schedule a consultation.
- Trusts
- Power of AttorneyIn New Jersey, powers of attorney grant legal rights to an individual to act on behalf of another person. This allows the individual to make health care decisions, financial decisions and other personal decisions for the incapacitated individual. Often powers of attorney are flexible instruments, being drafted as narrowly or broadly as necessary.
- Probate