“Give thanks not just on Thanksgiving Day, but every day of your life. Appreciate and never take for granted all that you have.” – Catherine Pulsifer
Archives for November 2019
Removing Your Name from a Sex Offender Registration List in New Jersey
There’s a common misperception that all persons required to register as sex offenders have committed sexual assault, molested a minor, or possessed child pornography. That’s not true. You may have been convicted long ago of an offense that’s no longer considered a crime, such as sodomy or oral sex with a consenting partner. You may have been charged with indecent exposure for streaking (perhaps while under the influence of alcohol) or convicted of statutory rape for consensual sex with a teenage girlfriend. The offense that put you on the list may have been one single mistake of youth or bad judgment, but it can haunt you the rest of your life. When sex offender registration was first enacted, there was less public access to the information. Now, your name may be available to just about anyone, including neighbors and potential employers.
Can You Get Your Name Removed from the Sex Offender Registry?
There are steps you can follow to have your name taken off the sex offender list. If the offense is no longer a crime, you may file a petition with the court asking that you be removed.
Even if the crime for which you were convicted is still on the books, you can request removal. However, for your motion to be granted, you must be evaluated by a mental health professional and show the following:
- That 15 years have passed since you were convicted or released from custody (whichever came later);
- That you are unlikely to pose a risk or threat to the safety of others;
- That you’ve not been convicted of another sex offense; and
- That your initial conviction did not constitute aggravated sexual assault.
Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online, or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
Slips-and-falls on Snowy or Icy Sidewalks in New Jersey
The Duties of Owners and Managers of Property
Under the rules of premises liability, as set forth in New Jersey law, the owner of, or person with control over, real property must maintain the premises in a way that minimizes the likelihood of injury to visitors. That duty extends to sidewalks, steps, driveways, parking lots, and other thoroughfares. With winter just around the corner, it’s important to understand the responsibilities of property owners regarding the presence of snowy or icy conditions. What must be done to reduce the risk of injury due to accumulations of ice or snow?
Recovering Damages for a Slip, Trip or Fall Due to Winter Weather Conditions
To successfully pursue compensation after a fall on ice or snow in New Jersey, an injured person must prove that the property owner:
- Was legally required under New Jersey law either to clear away the snow or ice or provide reasonable warning to visitors;
- Had actual knowledge of the risk of injury posed by the accumulation of snow or ice, and failed to take any action; or
- Reasonably should have known of the existence of the dangerous condition due to the accumulation of snow and ice but did not act.
The Duties of Commercial Property Owners
The owner or manager of commercial premises has an affirmative duty to remove ice and snow, provided there is either actual or “constructive” knowledge of the danger posed by the conditions. Constructive knowledge simply means that a reasonable person would have concluded that such a risk existed. In New Jersey, if the court determines that a reasonable person would have foreseen the danger, then actual or constructive knowledge is no longer required. For example, if a specific section of a sidewalk had previously been susceptible to accumulation of snow or ice, a business owner or property manager should reasonably expect (foresee) that it will happen again.
The Duties of Residential Property Owners
As a general rule, a residential property owner has no affirmative duty to remove snow or ice from sidewalks or other structures or warn visitors of potential dangers. In fact, a residential property owner can be liable for injuries only if he or she takes action to make the conditions worse.
Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online, or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
Happy Veterans Day 2019
“We remember those who were called upon to give all a person can give, and we remember those who were prepared to make that sacrifice if it were demanded of them in the line of duty, though it never was. Most of all, we remember the devotion and gallantry with which all of them ennobled their nation as they became champions of a noble cause.” — Ronald Reagan
