Blog | Gregg A. Wisotsky, Esq.

New Jersey’s Marijuana Laws—Part Two

January 21, 2019 by Greg Sutphin Leave a Comment

Sale and Trafficking | Possession of Drug Paraphernalia

Jersey's-Marijuana-Laws-part-one As a general rule, though New Jersey does allow for medical use of marijuana, the state takes a serious approach to the possession, cultivation, and trafficking of the drug. In Part One of this series, we looked at how New Jersey treats possession and cultivation of marijuana. In this blog, we look at the penalties for sale or trafficking, as well as possession of drug paraphernalia.

Sale and Trafficking of Marijuana in New Jersey

As we indicated in Part One of this series, New Jersey identifies all marijuana crimes as Schedule I offenses, considered the most serious drug crimes. The penalties for sale or trafficking are based primarily on the amount sold (you can also be charged with possessing a quantity of marijuana with the intent to sell).

Less than 1 ounce—Selling less than 1 ounce carries a potential prison sentence of 18 months, as well as a fine of up to $25,000
Less than 5 pounds—If you are caught trafficking more than 1 ounce but less than 5 pounds, you can face 3-5 years in prison and a $25,000 fine
Less than 25 pounds—For a conviction for selling more than 5 pounds but less than 25 pounds, you can be sentenced to 5-10 years in prison and up to $150,000 in fines
More than 25 pounds—If convicted, you face between 10 and 20 years in prison and up to $300,000 in fines

Certain characteristics of the offense can add to the penalties, including trafficking in a school zone, public park, or public housing or selling to a minor or pregnant woman.

Possession of Drug Paraphernalia

New Jersey also penalizes possession of certain items used in the growing, harvesting, processing, selling, storing, or use of marijuana. Objects that may constitute drug paraphernalia include pipes, bongs, roach clips, spoons, cigarette papers, and chillums (cone-shaped pipes). Possession of drug paraphernalia is punishable by incarceration for up to 6 months, a $1,000 fine, or both.

Contact Gregg A. Wisotsky, Esq, Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

New Jersey’s Marijuana Laws—Part One

January 8, 2019 by Greg Sutphin Leave a Comment

Jersey's-Marijuana-Laws-part-two Under New Jersey’s criminal code, an illegal or contraband drug is referred to as “controlled dangerous substance,” or CDS. New Jersey law classifies controlled dangerous substances into five categories, based on potential for abuse and recognized medical value. Possession of marijuana is a Schedule I offense (the most serious crime), as it is considered to have a high risk of abuse with no perceived medical value. The state does, however, allow marijuana to be used for limited medical purposes.

Possession of Marijuana in New Jersey

There are generally two factors that determine the type of offense and severity of the penalty when you are convicted of possession of marijuana in New Jersey—the amount in possession and the number of convictions. If you are convicted of having less than 50 grams, you can be sentenced to 6 months in jail, a $1,000 fine, or both. For 50 grams or more, then sentence increases substantially—up to 18 months in prison and a possible fine of $25,000. If the offense occurred within 1,000 feet of a school, public park, or public housing, a 100-hour community service requirement will typically be ordered. For all repeat offenses, the sanctions listed above can be doubled.

Growing Marijuana in New Jersey

The penalties for cultivation of cannabis in New Jersey vary, based on the number of plants. For less than 10 plants, you can be sentenced to 3-5 years in prison and a $25,000 fine. For 10-49 plants, the penalty is 5-10 years and a fine of up to $150,000. If you are convicted of having more than 50 plants, you can spend 10-20 years in prison and be fined up to $300,000.

Contact Attorney Gregg A. Wisotsky, Esq, Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

Your Options When Your Workers’ Compensation Claim is Denied

December 20, 2018 by Greg Sutphin Leave a Comment

Appealing a Workers’ Compensation Denial in New Jersey

Your Options When Your Workers' Compensation Claim is Denied In the aftermath of a work-related injury, you have the right to pursue benefits through the New Jersey workers’ compensation system. Don’t be surprised, though, if your claim is initially denied—it happens far more often than you might believe, even when the facts of your case seem uncomplicated. But you are not without options when your application for benefits has been rejected—there are means of appealing that decision.

In New Jersey, you can contest the denial of a workers’ compensation claim in two different ways—through an informal process and through a formal process.

When you opt for the informal review, things will typically move more quickly, but you customarily won’t be able to bring witnesses to the hearing. To follow this process, you must first prepare and file an “Application for Informal Hearing” with the New Jersey Division of Workers’ Compensation. A judge will be assigned to your case and you’ll receive notice of the date and time of your hearing. The actual hearing will typically involve you, the judge and a representative of your employer. The judge will make recommendations as to how the case should be resolved, but you don’t have to follow those recommendations.

The formal process can look somewhat similar—you’ll submit a claim petition and receive notice of the time, date and location of your hearing. With the formal process, you may have to wait 6 months for a hearing, whereas it may be just a few weeks for an informal hearing. In addition, the hearing will more closely resemble a trial, with the parties calling witnesses and introducing evidence. The judge will render a decision, which can come weeks or months later.

Whether you choose the formal or the informal process, you can always appeal the outcome to the state courts in New Jersey—your initial appeal will go to the Appellate Division of the Superior Court.

Contact Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-241-7468. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Can You Get Your Job Back after Filing a Workers’ Compensation Claim?

December 8, 2018 by Greg Sutphin Leave a Comment

Does Your Employer Have to Give You Your Job Back?

You may have suffered an injury on the job but find yourself worried about filing a workers’ compensation claim. What happens if you are out from work for months? Your employer may need to hire someone to fill in while you are gone. Will you be able to go back to your old job when you are ready to return to work? What if your employer disputes your claim, but you are granted benefits by the Workers’ Compensation Board? Can you be fired for filing a valid workers’ compensation claim?

The good news—under New Jersey law, you cannot be terminated solely in retaliation for collecting workers’ compensation benefits. That being said, it can be extremely difficult to prove that you’ve been fired for one reason or another. One of the reasons behind that—New Jersey is what is known as an “at-will” employment state. That means that either an employer or an employee may end the relationship at any time and for any reason, provided it is not contrary to the terms of an employment contract or to law or public policy. An employer can argue that a downturn in the economy or other reasons led to the layoff.

Apart from that limitation, there is nothing in the New Jersey workers’ compensation laws that makes it mandatory that an employer hold a job for an employee who has filed a valid workers’ compensation claim. There are, nonetheless, other ways that you may be able to keep your job:

If you anticipate being off work for less than 13 weeks, you can submit a request for unpaid leave under the Family and Medical Leave Act (FMLA). This federal law allows you to take time off for certain reasons, with the guarantee that your job will still be there when you return.
You may have a provision in a union contract or collective bargaining agreement that protects your job.

Contact Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

Happy Thanksgiving

November 22, 2018 by Greg Sutphin Leave a Comment

We set aside one day every year to give thanks, but here at Law Offices of Gregg A. Wisotsky, we are thankful throughout the year for the relationships that we have built with our clients. We value your trust and your confidence, and we are committed to helping you achieve your goals.

We hope that this holiday gives you a chance to reflect on treasured memories and cherished relationships. Happy Thanksgiving!

Happy Halloween!

October 31, 2018 by Greg Sutphin Leave a Comment

Motorcycle-Related Fatalities Increase across United States

September 28, 2018 by Greg Sutphin Leave a Comment

Motorcycle-Related Fatalities Increase across United States According to statistics gathered by the National Highway Traffic Safety Administration, there was a significant increase in motorcycle-related deaths from 2014 to 2015 and the annual number of fatalities has remained at the higher level in subsequent years. Officials say the increase is primarily the result of cheaper gasoline costs, which put more people on the road for longer periods of time.

Here are some of the relevant statistics gathered by the NHTSA:

Deaths jumped more than 9% from 2014 to 2015, from 4,594 to 5,029. 2016 saw the total deaths jump to 5,286, a 5.1% increase
Of the total number of deaths in 2016, 4950 (94%) were operating the motorcycle and 336 (6%) were passengers
More than nine of ten motorcycle fatalities in 2016 were on two-wheeled bikes—93%
Motorcyclists were involved in 14% of all traffic fatalities
Motorcycle accident injuries went up nationwide from 2014 to 2015—from 88,000 to 92,000

The statistics also confirm that motorcycle accidents are inherently more dangerous that other motor vehicle accidents. Per 100,000 registered vehicles, there were more than 58 fatalities involving motorcycles, compared to less than 10 per 100,000 passenger vehicles and less than 8 per 100,000 light trucks. Experts say that, per vehicle mile traveled, motorcycles are 28 times more likely to lead to a traffic death.

The statistics also indicate that weather conditions seldom contributed to a fatal motorcycle crash—less than 3% of motorcycle-related fatalities were in rain or bad weather.

Another interesting statistic supports the perception that motorcyclists as a group are getting older. In 2016, 49% of all motorcycle fatalities involved victims over the age of 40. Just 10 years earlier, the average age at the time of death was 39. In 2016, it was 43.

Contact the offices of Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call at 973-241-7468. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Child Pornography, the Internet and Sexting in New Jersey

September 11, 2018 by Greg Sutphin Leave a Comment

Child Pornography, the Internet and Sexting in New Jersey Under the laws of the state of New Jersey, it is illegal to produce, possess, sell of distribute any pornographic image that portrays or exploits someone under the age of 18. In fact, there are state and federal laws that lead to serious penalties for involvement in child pornography operations. In New Jersey, for example, it’s considered endangering the welfare of children to photograph or take footage of a minor in a proscribed sexual act, or simulating a prohibited act. The law forbids any attempt to convey those images to another person, including digital transmissions.

It’s become pretty popular, with the advances in mobile technology, for people to take sexually explicit pictures and send them to others by text message. Not surprisingly, teenagers have become particularly proficient at doing this, an activity commonly known as “sexting.”

What are the legal ramifications when a person sends a sexually explicit image of a minor via text message in New Jersey? The answer depends on the age of the person.

If the person sending, possessing or receiving the exploitative image of a minor is an adult, it’s considered child pornography and the person can expect to be prosecuted to the full extent of the law. However, if the person sending, possessing or receiving is a minor, and it’s a first offense, the result will be different. Under a law passed in 2012, a minor who sends a sexually explicit picture or video or another minor will be required to go to a state-sponsored educational program, instead of facing prosecution. The classes focus on the dangers of sending sexually inappropriate pictures.

Contact the offices of Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

Challenging Field Sobriety Tests in New Jersey

August 25, 2018 by Greg Sutphin Leave a Comment

Challenging Field Sobriety Tests in New Jersey When you’ve been pulled over by law enforcement officers in New Jersey, you can be almost certain that the first question you’ll face is some variation of “have you had any alcoholic beverages today?” If your answer is yes, or if the officer has any reasonable suspicion that you may be impaired, the next step will typically involve some type of field sobriety test, so that the officer can either establish probable cause to administer a blood alcohol test or send you on your way.

The Validity of Field Sobriety Tests in New Jersey

New Jersey police officers will typically administer one or more of three different field sobriety tests:

The one leg stand—To conduct this test, the officer will ask you to get out of your vehicle and stand with your feet together and your arms at your side. At some point, you’ll be requested to raise one leg at least six inches and point your toes forward, keeping your eyes on your foot at all times. The one leg stand is currently admissible in a New Jersey drunk driving prosecution, with a statistical accuracy of more than 60%. However, if the officer made you stand on one leg for more than 30 seconds, the results may not be admissible or may be considered less credible.
The walk and turn—This is the one you’ve seen on television and in the movies. The police officer will ask you to walk a straight line, heel-to-toe. You’ll then have to turn around and walk back to your point of origin. This test, also admissible, has an accuracy rate similar to the one leg stand.
The horizontal gaze nystagmus (HGN)—A nystagmus is defined as an involuntary movement of the eye, supposedly a typical byproduct of the consumption of alcohol. The police officer will typically ask you to focus on something, like a pen or flashlight, and look to see if your eyes bounce when making side-to-side movements. The horizontal gaze nystagmus is currently inadmissible in a New Jersey DUI proceeding.

Contact Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

Looking for Potential Defendants in a Personal Injury Lawsuit

August 4, 2018 by Greg Sutphin Leave a Comment

Looking for Potential Defendants in a Personal Injury Lawsuit When you’ve been hurt by the careless or wrongful act of another person, you have a right to seek compensation for your losses. But what if that person is what the law considers “judgment proof”? For example, what if you were injured by a person who has no insurance and who has no assets. You may be able to get a verdict, but have little hope of ever collecting on that judgment.

One option is to look for other potentially responsible parties. Let’s look at some situations where that might apply:

The person who caused your injuries was working at the time of the accident—Under the concept of respondeat superior, if a person causes injury while in the course of his or her employment, his employer may potentially have some liability. For example, if you were injured in a motor vehicle accident by someone who was on a work-related errand, that person’s employer may have responsibility.
You were hurt by someone in a borrowed motor vehicle—Under the law of most states, insurance (and often liability as well) attaches to the owner of the vehicle, as well as the driver.
Your injuries were caused by a minor—Most minors don’t have the resources to satisfy a personal injury judgment. However, their parents can have potential liability, under two different theories. If the parents knew of the child’s propensity to drive carelessly, for example, they could be responsible for negligently entrusting the family car to the minor. Additionally, if the parents sent the child on an errand, the concept of vicarious liability (similar to respondeat superior) may be used to bring an action against the parents.
Your injuries were the result of a dangerous or defective product—In a product liability claim, you can hold anyone in the chain of distribution responsible for negligent design, manufacture or marketing of a product.
You can demonstrate third-party liability—It might be the failure of a municipality to maintain a roadway or the failure of a subcontractor to properly train or monitor employees. If you can show a breach of the duty of care, a causal link and actual loss, you can bring a lawsuit to recover damages.