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Penalties May Be Severe for Drug Possession in New Jersey

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Understand Drug Possession Penalties in New Jersey

If a traffic stop or knock at your door wound up leading to your arrest on suspicion of drug possession in New Jersey, it’s important that you understand the penalties such crimes may carry under conviction. Numerous factors, such as police or witness testimonies, alleged evidence taken into custody during a search, as well as what type of defense you present may all influence the judge’s or jury’s decision in your case.

What Is the Legal Definition of Drug Possession in the State of New Jersey?

If a New Jersey police officer arrests you for a suspected drug possession crime, it means you’re being accused of knowingly obtaining, holding on your person or controlling an illegal substance. A drug in question might include cocaine, marijuana or heroin, as well as any number of prescription drugs or other illegal substances. Police may charge you with “intent to distribute” an illegal drug if they have evidence that you possessed a certain quantity of a specific drug.

First-Time Possession Charge Doesn’t Equate to a Lighter Penalty

Perhaps you were pulled over in a traffic stop and police searched your vehicle. You wound up getting arrested for possession of an illegal drug. You’ve never faced criminal charges prior to the arrest, so you assume that, if the court convicts you, the penalty will be less severe because it is a first offense.

In New Jersey, the penalty for drug possession depends on the type of drug in question, as well as the amount. Even if it is the first time you’ve been charged with a drug crime, the penalty may still be harsh, depending on the details of your case.

Jail Time and Fines

If the court convicts you of marijuana possession of less than 50 grams, you may face up to six months behind bars, as well as a fine up to $1,000, even if it is your first offense. Any amount more than 50 grams carries a harsher penalty up to 18 months in jail and fines of up to $25,000.

The state categorizes drugs such as heroin, hallucinogens, ecstasy or methamphetamine as controlled substances or narcotics. These and other drugs in this category carry severe consequences under conviction. If you’re convicted of drug possession of substances in this category, you could go to jail for as long as five years and pay fines up to $35,000.

Penalties Often Include More Than Incarceration or Fines

You no doubt want to avoid going to jail if it’s at all possible. However, staying out of jail won’t be your only concern if you are facing drug possession charges in New Jersey. The following list shows additional penalties or repercussions you might incur if you are charged with drug possession crimes:

  • Driver’s license restrictions
  • Vehicle confiscation
  • Need of bail money

The state can suspend your driver’s license if you’re convicted of a drug possession crime. In fact, in certain circumstances, police can seize your vehicle. This is especially true in cases where you might be charged with possession with intent to sell drugs. Also, you may have to come up with bail money in order to be released from jail while you’re awaiting trial. In certain situations, the court may deny your release, and you would have to stay in jail until your case is fully adjudicated. While this is not the same as a penalty under conviction, it is still a negative consequence you might experience after being arrested on suspicion of a drug crime.

Possession of Drug Paraphernalia and Failure of Lawful Disposition

If a police officer doesn’t find any illegal substances in your possession during a search, it doesn’t necessarily mean you won’t be charged with a drug crime. Various items, such as a small pipe, a syringe, scales, etc., may constitute probable cause for a police officer to take you into custody for possession of drug-related paraphernalia. Conviction of such crimes often carry penalties of up to six months in jail and substantial fines.

When you have taken possession of an illegal drug, New Jersey law requires that you hand it over to a law enforcement officer. Not doing so means you have failed to make a lawful disposition, which carries a penalty under conviction of up to half a year in jail. In any case, prosecutors must prove that a substance or item they claim to be an illegal drug or drug-related item is, in fact, actually the substance or item they claim it is. Substantiating such claims is typically accomplished through laboratory testing of the item or items in question.

Extenuating Circumstances That May Have Implications for Your Case

In addition to criminal penalties under conviction of drug possession, facing charges for drug crimes can have negative consequences in other areas of your life. If you’re a college student, for instance, you may incur penalties that result in expulsion or loss of scholarship funds.

If you’re a license professional, you may be at risk for suspension or revocation of your license. In some cases, penalties may be so severe that you would be prohibited from ever practicing in your field again. Such may be the case for teachers, doctors, licensed counselors or other specialized careers.

A Morristown Criminal Defense Lawyer May Help Mitigate Circumstances

What if you’re sitting at home one night and police knock at your door, asking you to allow them entry so that they can have a look around? In such situations, it’s critical that you know your rights and how to protect them. If police search your home, car or person then take you into custody on suspicion of a drug possession crime, a Morristown criminal defense lawyer is a great asset to have as part of your support network. Everything you say and do during a drug investigation may have an impact on the ultimate outcome of your case, including severity of penalties under conviction. In some cases, rather than sentence you to jail time, the judge overseeing your case might place you on probation instead.

An experienced criminal law attorney can help you determine if a personal rights violation occurred at any time leading up to, during or following your arrest. The Fourth Amendment of the U.S. Constitution protects you against unlawful searches and seizures. You may also invoke the Fifth Amendment to refuse to answers investigative questions without the presence of legal representation. If police do not have a warrant to enter your home, you do not have to consent to a search, except in certain circumstances where officers would not need to obtain a warrant before entering, such as if they believe a crime is taking place at that moment inside your house. You may request legal representation as soon as you learn that you are the subject of a drug investigation.

Build a Strong Defense From the Start

Facing charges for drug possession is a serious matter that can have far-reaching implications in all aspects of your life. In addition to legal repercussions, being charged with a drug crime may adversely affect your personal life, as well. It can destroy your reputation, cause family problems or place your job at risk. If you wind up with a criminal record, a potential future employer may be hesitant to hire you due to your past drug crime conviction. While these are not legal penalties, they are definitely negative consequences that may occur following a criminal conviction.

Gregg Wisotsky is an experienced defense attorney located in New Jersey. When you request a meeting by calling (973) 898-0161, you’ll be enlisting support from an attorney who has 25 years of experience providing legal defense for those charged with illegal possession, distribution and various other drug crimes. Reach out to our office today.

Seeking Compensation for Dangerous Drug Injuries

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Dangerous Drug Side Effects May Entitle You to Compensation

By early December of 2020, the FDA had already matched its drug approval statistics from 2019. The upward trend in the number of drugs the FDA approves annually continues to raise concerns that faster approvals may lead to more dangerous drug injuries.

What Is a Dangerous Drug?

Medications undergo a detailed testing process before they may receive FDA approval for sale in the marketplace. While most medicines are helpful when administered for their intended uses, some drugs may actually cause injury or even death. It is not uncommon for a drug to have side effects. Therefore, drug manufacturers are generally not liable for injuries the manufacturer clearly lists as a potential side effect. However, there are scenarios in which drug manufacturers may be liable for a consumer’s injury, including:

  • If there is a defect in the drug’s manufacturing process.
  • If the drug causes dangerous side effects.
  • If the manufacturer markets the drug improperly in a way that causes injury.

Who May Be Liable for a Dangerous Drug Injury

Drug companies are naturally the most likely defendants in dangerous drug cases. However, other parties may also be liable in a dangerous drug lawsuit. Your Morristown personal injury attorney can help you identify potential defendants in your dangerous drug case. Other parties that may be liable generally participate in other parts of the supply chain and may include:

  • Testing laboratories
  • Sales professionals
  • Medical care providers
  • Hospitals or clinics
  • Pharmacies

Drug Manufacturing Defects

Manufacturing defects may potentially occur at multiple locations as a drug travels to the end-user. The manufacturer may make an error in producing the drug at its facility. If another party is responsible for packaging and labeling the medication, that party is liable if the error causes injury. A pharmacist who bottles and delivers a drug may be legally responsible if his or her process causes a defect in the product.

Your Morristown personal injury lawyer will investigate every stage in the supply chain to uncover potential contributors to a drug defect that causes injury. Injured patients are often unaware of their right to receive compensation for severe side effects that they experience. Therefore, it is important to call a dangerous drug lawyer as early as possible to determine whether the injured patient may have legal recourse.

Dangerous Side Effects vs. Common Side Effects

Sometimes, a beneficial drug may have side effects. Doctors and their patients ideally weigh the therapeutic benefits of a drug against potential side effects. Drug manufactures are required to list known side effects to enable medical care providers and their patients to know what to expect when considering a particular medication. Occasionally, a dangerous drug may cause a very severe, unexpected side effect that causes injury. Dangerous side effects are more severe than common side effects that typically pose relatively minor annoyances. Examples of severe, potentially unexpected side effects include:

  • Memory problems
  • Hallucinations
  • Increased risk of dementia
  • Confusion or delirium
  • Birth defects
  • Anaphylactic shock
  • Brain disorders
  • Nervous system disorders
  • Cardiovascular system disorders
  • Kidney disorder

Improper Marketing

Marketing a pharmaceutical drug includes providing instructions for correct use, issuing warnings, and making recommendations to help health care providers and patients administer and use the drug safely. A manufacturer that does not provide an adequate warning regarding side effects or sufficient instructions for safe use of the drug may be liable if the drug causes injury. A manufacturer, sales representative, pharmacist, or doctor who provides bad advice regarding the drug is also likely to be liable if the bad advice causes injury.

Seeking Compensation for Dangerous Drug Injuries

If you suspect you have been injured by a dangerous drug, contact a Morristown personal injury lawyer. Our attorney will evaluate the facts of your case and help you determine the next steps. A dangerous drug attorney will work diligently to protect your rights against large pharmaceutical and health care corporations. Call our Morristown, New Jersey, dangerous drug lawyer today at (973) 898-0161 to receive a free and confidential case evaluation.

What to Expect During an Arraignment Hearing

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New Jersey Arraignment Hearing Process

Getting arrested is a traumatic experience, and the arrest is often only the first step of a long legal process. Your first court appearance will be your arraignment hearing. An arraignment hearing includes:

  • Court reads the charges against you.
  • You are asked about legal counsel.
  • Bail motion is heard.
  • Court dates for motion hearings are scheduled.
  • Court dates for pre-trial and trial are scheduled.

Timing of the Arraignment Hearing

The timing of your arraignment hearing will depend on if you are still in custody or not. To protect the defendant’s safety, it has long been federal law that an arraignment occurs as quickly as possible. Most of the time, arraignment hearings take place within 48 hours for those still in jail.

In-custody defendants are either transported to the courthouse to appear in person or to a separate part of the jail to participate in a virtual arraignment. A virtual arraignment is one that is held via videoconference.

Those individuals who have bailed out of jail will be scheduled for their arraignment a few weeks out. This will give you time to contact your Morristown criminal defense lawyer to begin working on your defense.

Advisement of Rights

You will be advised of your right to counsel and your right to waive your arraignment hearing. Not all states allow you to waive your arraignment. The defendant is also given the choice of not hearing the charges read aloud in front of the court.

Advisement of Charges

At this time, the court will read aloud the criminal complaint against you. They will also advise you of any indictment information. You have the right to receive a copy of this information.

Appointment of Counsel

After the charges are read, the judge will ask you if you have retained an attorney. The court will also determine if you qualify for representation by a public defender. You do have the right to have an attorney present at your arraignment. If you choose to exercise this right and your attorney is not present, a second arraignment hearing will be scheduled. Once you make it known that you want your attorney present, it is illegal to arraign you without your lawyer present.

Entering a Plea

After you have been advised of the charges against you, the judge will ask you how you plead to those charges. Following are the possible ways you can respond.

Not Guilty

It is common for defense attorneys to recommend that the defendant always enter a plea of not guilty at the arraignment hearing. This forces the state to prove its case against you. Once the state has gathered all the evidence, your Morristown criminal defense lawyer will be able to review the evidence against you. The extra time allows for you and your lawyer to prepare your defense for trial.

Guilty

When a defendant enters a guilty plea at arraignment to a minor offense, the judge may choose to sentence the defendant during the hearing itself. If a guilty plea is entered in response to more serious crimes, there will be other hearings and conferences before the sentence is handed down.

No Contest

A plea of no contest is also known as a plea of nolo contendere. This plea serves as an acknowledgment that you recognize that there is enough evidence for a conviction. Procedures following a plea of no contest are the same as those for a guilty plea.

Setting Conditions for Pretrial Release

Following the plea, the court might set conditions for a defendant to be released pending trial. In setting these conditions, the following factors are considered:

  • If the defendant presents a danger to the community if he or she is released.
  • Criminal record and the nature of any prior offenses.
  • Ties to the community, including the presence of family and the length of time the defendant has been a resident of the community.
  • The defendant’s employment status in the community and the length of time they have been employed at that job.
  • Defendant’s history of failure to appear.

When these factors have been reviewed, the following release options are considered and determined.

Release on Your Own Recognizance

A release on your own recognizance is also known as “ROR.” This release is not based on money. It is based on your promise to report to all court dates. A failure to appear to your court dates might reverse the court’s decision to release you. If your release is revoked, you could be sent back to jail until your trial is complete.

Bail or Bond

When the court sets bail, it requires that the defendant post money to the court in order to be released until your trial. A bond is either cash or surety. A cash bond requires that the amount of bail be paid in full to the courts. The amount will be held and returned to you at the end of your trial. A surety bond only requires a percentage of the full bail amount to be paid. It is usually backed by some type of collateral. When the defendant ultimately appears in court, the money is returned to you.

No matter which type of bond is assigned for your bail, if you fail to appear in court, you will forfeit the money, and a warrant for your arrest will be issued.

Supervised Release

Under a supervised release agreement, you will be required to keep regular appointments with a probation officer. You also may be subjected to random drug tests. If you miss too many meetings or fail a drug test, the courts can revoke your release and can order your return to jail until your trial.

Other Conditions of Release

Common in all of these release scenarios are the following rules:

  • You may be required to wear an ankle bracelet that tracks your movements.
  • You must abstain from drugs and alcohol.
  • You cannot be arrested for any new crimes.
  • You may not possess firearms or other weapons.
  • You will not be allowed to travel outside of your community.
  • You may be subject to house arrest.
  • You may not associate with the victims or any witnesses to the crime.
  • You may not associate with any felons.

If any of these conditions are violated, you will be in violation of your conditions of release and are then subject to being taken back to jail until your trial.

Scheduling

The final step in your arrangement hearing will be the court assigning specific court dates to all of your motions hearings, status conferences, and ultimately the trial.

Next Steps

The arraignment hearing is only the beginning. If you are not assigned a public defender, you will need to retain a Morristown criminal defense lawyer to begin to plan your defense and prepare for trial. To get started on your case, call criminal defense lawyer Gregg Wisotsky in Morristown, New Jersey, at (973) 898-1494 for advice regarding your criminal case.

What Is a Wrongful Death Claim in New Jersey?

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Wrongful Death Claims in New Jersey

New Jersey police have stated that there were 563 deaths associated with motor vehicle accidents throughout the state in 2019. Many of these fatal collisions involved driver negligence. The shock of losing a loved one is especially devastating when evidence shows that another person’s negligence was a causal factor in a collision.

Motor vehicle accidents are not the only way that a family might suffer the untimely death of a loved one. Fatal personal injuries often occur as a result of a crime, workplace accidents, or another type of incident as well. When death is a result of a wrongful act or another person’s neglect, New Jersey law allows an immediate family member to file a wrongful death claim in a civil court. The following list shows conditions that must be met to constitute a legitimate claim:

  • Decedent would have had grounds for a personal injury claim if he or she had survived
  • Claim is filed within the statute of limitations
  • Person receiving damages is an immediate family member
  • Damages listed are valid according to state law

Each of these requirements must be met in order to file a wrongful death claim in a New Jersey court. No two cases are exactly the same; therefore, an issue that is relevant in one case may not apply to another.

The Decedent Could Have Filed an Injury Claim

State law provides recourse to grieving families when a loved one has suffered fatal injuries and is therefore unable to pursue justice on his or her own behalf against the person deemed responsible for the injuries.

The Claim Is Within the Statute of Limitations

To constitute eligibility for a wrongful death claim, documents must be filed in court according to the state’s statute of limitations, which, in New Jersey, is typically two years from the date of the decedent’s passing. It’s helpful to speak with a Morristown personal injury lawyer for clarification regarding such laws.

The Claim Is Filed by Qualifying Decedents

Every state has its own laws regarding who may receive compensation for damages in a wrongful death case. In New Jersey, the person in question must be an immediate family member of the decedent and is either entitled as an heir or was dependent on the decedent at the time of his or her death. Such laws are complex, which is why it’s a good idea to meet with a Morristown personal injury lawyer ahead of time to ensure that all requirements for a specific case have been met.

Some Damages Are Not Compensable in New Jersey

A plaintiff may seek maximum compensation for damages. Such damages often include loss of financial support as well as potential income that a decedent may have been expected to earn if he or she had survived. In addition to financial support, damages may also include funeral or medical expenses associated with a loved one’s death. In this state, however, emotional distress does not qualify as a compensable damage. Additionally, a New Jersey wrongful death plaintiff cannot seek
punitive damages.

Contact a Morristown Personal Injury Lawyer

Losing a family member because of a wrongful act or the negligence of another person is a devastating experience. It is understandable that a grieving family would want to seek justice on behalf of a fatally injured loved one. There is no replacement for the loss of a human life; however, meeting with an experienced personal injury law attorney is often the first logical step to take to seek justice. Call the Morristown, New Jersey, law office of Gregg A. Wisotsky, Esq. toll-free at (973) 898-0161 today.

Understanding All the Types of Criminal Forgery

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What Are the Different Types of Criminal Forgery?

With roughly 45,000 people being arrested for criminal forgery each year, forgery is an incredibly common charge. There are all sorts of activities that can count as forgery, so some people accidentally commit this crime without even realizing it. If you or a loved one is facing forgery charges, it can be helpful to understand all the different types of forgery.

Forgery by Altering Documents

One of the most common types of criminal forgery is altering an otherwise valid document. This forgery type occurs when a person changes a document without proper consent. Some examples of this type of forgery include changing dates, amounts of money, and names of people on documents. This forgery is often used when making fake IDs, embezzling money from a business, or cashing a fake check.

If you are charged with forgery, the prosecution usually needs to prove that you altered a document and that you intended to defraud others with the document. Therefore, your defense may show that you did not have the means to access and alter the document. For example, if you do not have the password to your company’s bookkeeping software, you might not be able to change documents for the purpose of embezzlement. Depending on your case, you may be able to argue that someone else committed the alteration or that you actually did have permission to alter the item.

Forgery by Creating False Documents

Some people may commit forgery that goes beyond simply making changes to a document. Instead, they may create entirely new documents for their personal gain. Just about any money, tokens, stamps, seals, badges, credit cards, or other sorts of documents can be forged. Making a false document also applies to those who forge universal product code labels or other electronic files as well. You can be charged with this crime whether the false documents are completely or partially finished at the time you were apprehended.

In some cases, such as a forged piece of art, your defense may be that the document was not meant to actually be confused with the real thing. Creating a false document accurate enough to deceive others is often very difficult, so a common defense may be that you did not have the ability to make the forged document. For example, your attorney may point out that you did not have access to the high-quality printing tools needed to create a false passport.

Forgery by Faking an Identity

Forgery can occur when someone pretends to be someone they are not. This encompasses a variety of crimes. It can include things like signing someone else’s name on a legal document or impersonating an official. It can also be using someone else’s login credentials to sign in and access confidential information. Keep in mind that this type of forgery is slightly different from general false identity claims. Forgery specifically applies to false writing of some sort. Simply stating that you are a different person without the act of writing or creating any documentation is not forgery.

If you were charged with forgery by false identity, your Morristown criminal defense lawyer may have a few different routes of defense. You may be able to focus on the lack of intent, emphasizing that your faked identity was meant as a joke that would not actually deceive anyone. A similar defense may occur if a person signed the wrong name accidentally or misspelled their own name in a way that made it into another’s.

Forgery by Using a Forged Item

Using a forged item without creating it yourself is still considered a type of forgery. Called “uttering” a forged document, this is essentially presenting a forged document and claiming that it is true. You can be convicted for this type of forgery even if you did not actually defraud anyone. Simply lying about the veracity of a document with the intent to defraud is enough to get a forgery charge.

For this type of forgery, one of the most common defenses is a lack of intent. For example, if you tried to return an item with a falsified receipt, you could potentially argue that you thought the receipt was correct. Defending against these cases frequently relies on the fact that you may have been in possession of the forged item but assumed it was not forged. Depending on the forged item, it can be very hard for the prosecution to show that you were personally aware of the forgery before using the device.

Degrees of Forgery

Since there is so much variation in what counts as forgery, there are different degrees of charges possible. The majority of forgeries in New Jersey are third-degree felonies. Third-degree forgeries are typically ones that involve forging money, checks, securities, property titles, or personal identification documents. A person may also be charged with a third-degree forgery if they are convicted of forgery and are also in possession of items used for the express purpose of forgery. Being convicted of multiple counts of fourth-degree forgery may result in upgrading the crime to a third-degree charge. Any conviction of a third-degree forgery felony results in a fine of at least $500 and a prison sentence of three to five years.

Some forgeries that do not involve money, property, or personal identification documents may count as a fourth-degree forgery. This is a slightly less severe charge, where the consequences are a prison sentence of fewer than 18 months and a fine of $200 or higher. New Jersey mostly charges people with felonies for forgery. However, if a person just has a single altered sales receipt or UPC label, they are convicted of a “disorderly person” crime. This is essentially a type of misdemeanor criminal charge. It results in a prison sentence of no more than six months and a fine of at least $100.

Federal vs. State Forgery

Something else to consider when looking at types of forgery is whether it is a state or federal offense. Forgery is illegal on both a state and federal level. Whether it is prosecuted as a federal felony will depend on the circumstances. Any time a forged document travels between states, it becomes a federal crime. Forgery is also usually prosecuted on the federal level if it involves government documents or agencies. Things like forging immigration documents, FBI badges, or military credentials are likely to be a federal forgery.

Being charged with a federal crime instead of a state crime is mostly a matter of jurisdiction. You may go to different courthouses or prisons when you are facing federal charges. Furthermore, federal convictions typically have more severe consequences. New Jersey’s maximum sentence for forgery is five years in prison while a federal forgery conviction can result in a sentence of up to 10 years.

Ultimately, forgery is a very complex criminal charge. Depending on a person’s unique situation, there may be all sorts of defenses available. When you need a Morristown criminal defense lawyer for forgery, Gregg Wisotsky is here to help. With offices throughout New Jersey, we assist people with defending themselves from all sorts of criminal charges. Schedule a consultation today by dialing (973) 898-0161 or filling out our online contact form.

The Primary Risks of Winter Driving

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What You Should Know About the Dangers of Winter Driving

Winter weather and driving is a dangerous combination that frequently results in car accidents. Every year, just under 25% of all vehicle crashes that are weather-related will take place on icy, snowy, or slushy pavement. Before you drive in inclement weather this winter, it’s essential that you understand the dangers that winter driving can pose.

Primary Dangers and Risks of Driving During Winter Weather

Winter weather is a common occurrence in New Jersey. Whether snow, sleet, or any mixture of these is falling, the best thing to do when inclement weather hits is to stay inside and off the roads. However, this isn’t always possible for people who have to commute to work even when the road conditions are poor. In this situation, driving slowly and being extra-cautious should significantly reduce the chances of you getting into an accident.

To further reduce the risk of getting into an accident, there are numerous dangers of winter driving that you should be aware of, the primary of which is black ice. This form of ice is mostly transparent and can be difficult to detect while driving, which makes it among the most dangerous hazards that you can face in the winter. When your vehicle drives over a patch of black ice, make sure that you slow down without braking too hard. As long as you remain calm and steer smoothly, you should be able to avoid an accident.

Another danger that you should be on the lookout for is accelerating or braking too quickly. The roads will be slick, which means that any quick acceleration or hard braking could cause your tires to lock up. Winter conditions can also reduce visibility, which is why your windshield should always be defrosted. Make sure that all of your signal lights are free from snow or ice. Yet another danger of winter driving is overconfidence. Even if you’ve safely driven in winter weather before, an accident can take place regardless of the quality of your driving.

Tips for Safe Driving During Inclement Weather

If it’s absolutely necessary for you to drive during winter weather, it’s important that you follow some basic safety tips. For one, make sure that you have a flashlight, some warm clothing, and some extra food and water in your vehicle in the event of an accident. When driving, your following distance should be around five to six seconds, which will protect you if the vehicle in front of you comes to a sudden stop. Some additional tips to adhere to include the following:

  • Apply steady pressure to the brakes when slowing down.
  • Don’t increase your speed when driving up hills, which could cause your wheels to spin.
  • Don’t stop when you drive up a hill.
  • Always drive slowly.
  • Try not to use cruise control.

What to Do If You’re Involved in an Accident

If you’re driving in winter weather and you get into an accident, it’s likely that your insurance would provide some coverage for any vehicle damage and injuries that were sustained. There are times, however, when a car accident is the fault of another individual, company, or entity. For instance, the manufacturer of the vehicle may be at fault if the accident occurred because of a faulty part. In the event that the accident resulted from the negligent actions of another driver, you may have legal options at your disposal.

Our Morristown personal injury lawyer can assist you in identifying if your case would benefit from legal representation. It’s common for lawsuits to be filed in situations where the other driver’s insurance provider doesn’t offer enough compensation. It’s also possible to file a lawsuit against the driver themselves. When you request our services, we will work on building a strong case before proceeding with a lawsuit. In the event that a lawsuit is necessary, we can file all of the necessary paperwork and help you understand every facet of the process.

If you’ve recently been involved in a car accident that resulted in an injury, contact our Morristown personal injury lawyer at (973) 898-0161 to get started.

The Lasting Consequences of Juvenile Criminal Charges

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Are There Long-Term Repercussions for a Juvenile Criminal Conviction?

Each year, roughly 2.1 million minors are arrested throughout the United States. A lot of people see juvenile criminal charges as less severe than adult charges, but this is not actually true. Being convicted of juvenile criminal charges can have severe, long-lasting effects on a youth’s development and future plans.

Removing Offenses Is Harder Than You Think

One of the big reasons people think juvenile charges are no big deal is because you can seal or expunge records for juvenile charges. The reality is that getting rid of juvenile criminal records is not as simple or automatic as you might assume. First of all, sealed records might be hidden from the general public, but they are still available to law enforcement. They can use these past records for investigating crimes, and if you are convicted again, your past charges can result in more severe sentencing. To actually remove the record altogether, you have to get it expunged, which is even more challenging.

There are a lot of requirements to meet if you want to get a court to grant a record sealing or expunging order. The person involved cannot be convicted of any future charges, and they have to demonstrate that they have a lengthy period of good behavior. If there were fines associated with their crime, they may have to pay them before getting their record sealed. There are different rules in place for various crimes. For some juvenile crime convictions, you may have to wait up to 10 years to get records removed. All of these rules can make it surprisingly tricky to actually get records sealed or expunged.

Economic Consequences of Juvenile Criminal Charges

The potential of being sent to a youth rehabilitation center is not the only consequence of criminal charges. Just like adults, juvenile sentences can include hefty fines. A youth may be sentenced to pay restitution to their victims or pay general punitive fines to the state. With the majority of juvenile offenders and their families living in poverty, these financial obligations can be extremely challenging.

Starting out their adult life with a huge debt can be extremely intimidating and frustrating for a young adult. Unlike other types of debt, legal fines assigned as a punishment usually cannot be cleared by declaring bankruptcy. Being saddled with debt from a young age often results in a cycle of poverty. When they are stuck paying back fines instead of saving up, it can be difficult for juvenile offenders to get a car, rent an apartment, or pay for college. This makes it hard for them to ever move on to higher-paying jobs that would allow them to pay off their fines.

Punitive fines are not the only way a youth may be economically affected by criminal charges. There are all sorts of other costs associated with charges as well. In addition to legal fees, families may have to pay for court-ordered therapy if they want to avoid their child being taken from their care. Sometimes, people must decide between paying extra for rehab or being incarcerated in a youth rehabilitation center. Altogether, this results in a major economic burden for families facing juvenile criminal charges.

There Are Many Unexpected Side-Effects to a Juvenile Conviction

Keep in mind that juvenile criminal convictions can lead to more than just fines and imprisonments. You should not assume that a conviction in a juvenile criminal case just means spending a few months in a youth detention center, and then continuing on with your normal life. Even if you have a great Morristown criminal defense lawyer who helps you avoid any incarceration, you can face serious consequences that have a long-lasting effect. Collateral consequences are additional punishments that a person may encounter following conviction. Juveniles do not face some collateral consequences, like losing their right to vote, but there are other potential consequences they may still encounter.

A juvenile conviction can cause both a youth and their family to be expelled from public housing. If the minor is not a citizen, their conviction can affect their immigration status, potentially causing deportation. Certain employments that require security clearances, including military jobs, may no longer be available to the juvenile. Convictions can also cause a youth’s driver’s license to be suspended or revoked. All of these collateral consequences can have a major impact on a minor’s future. They may find it hard to get housing, remain in their preferred country, or get the jobs they planned on achieving.

Mental Health Risks Linked to Juvenile Criminal Charges

Juvenile criminal charges happen during an essential developmental period, so they can have a big impact on a youth’s mental health in the future. Youth rehabilitation centers typically do not provide the supportive, home-like environment that young people need to flourish. Teens who spend their formative years in juvenile detention centers might miss out on key socialization opportunities. They often find it hard to befriend others and react appropriately to stressors. Following incarceration, juveniles are more likely to deal with mental and behavioral health issues. Some may develop mental disorders like anxiety and depression, and many are more likely to abuse illegal substances.

Even teens who do not end up with a lengthy stay in a youth rehabilitation center still suffer. The stigma and challenges of being labeled a criminal at such a young age can have a drastic effect on a youth’s development. Teens may find it hard to maintain their own self-esteem and have positive interactions with others. Being viewed as a criminal can set a youth down a long-lasting path toward mental health issues, and they may struggle to get appropriate care if they do develop behavioral and mental challenges.

Juvenile Criminal Charges May Have Other Major Impacts

For many juvenile offenders, a conviction can cause them to miss out on major life milestones and opportunities. Especially when it comes to education, the consequences can be devastating. Though the various youth rehabilitation homes try their best, they are often unable to provide teens with academic resources. Teens may be unable to get the grades, volunteer experience, and extracurricular activities needed for scholarships and college acceptance. Furthermore, they often struggle to learn the skills needed for part-time jobs or careers.

When juvenile offenders find it hard to achieve educational or career goals, they are more likely to turn to crime. Criminal charges often put at-risk teens in touch with others interested in the criminal lifestyle. They may make friendships and develop contacts that encourage them to take part in other criminal activities. Those who are convicted of criminal charges are often likely to end up in court again in the future, facing even more serious adult charges.

If you or a loved one is facing juvenile criminal charges, it is important to take them seriously. A conviction could result in serious consequences that have a long-lasting effect on a teen’s future. At the law firm of Gregg Wisotsky, we provide focused criminal defense services. We work hard to defend both adult and minor clients. If you need a Morristown criminal defense lawyer, call (973) 898-0161 or fill out our online contact form to schedule your consultation today. We will guide you through each step of the process and answer any questions you may have.

Driving During the Winter in New Jersey Can Be Dangerous

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Navigating Winter Roads in New Jersey

Winter is one of the times when travel is most necessary, but it’s also when it is the most dangerous to do so. If you need to brave NJ’s icy roads this winter, make sure you stay safe with the following tips.

Stay Below the Speed Limit

Driving close to, or even over, the speed limit is normal, especially on NJ roads. Unfortunately, speeding is incredibly hazardous to drivers. More than 25% of fatal accidents involve a driver going over the speed limit. In the winter, poor visibility and icy roads make the risk of a serious accident even more prevalent. If you do get into an accident, you should contact a Morristown personal injury lawyer.

If you want to decrease your risk as a driver, try reducing your speed whenever the weather conditions get worse. A little more reaction time will help make sure that you make it safely through any rain, sleet or snow that the winter season throws your way.

Leave Plenty of Following Distance

Another way to make sure that you have the reaction time you need to avoid a winter driving accident is to leave extra following distance between you and the car in front of you. The normal recommendation is to leave one car length for every 10 miles an hour that you are driving. During the winter, you may want to add an extra one to three car lengths just in case the car in front of you brakes suddenly and ends up sliding on the ice.

If possible, you should also avoid heavy traffic during the winter season. This will reduce the chance of someone following too closely and being unable to stop if you find yourself braking too quickly. Back roads can be quieter, but they also might not be plowed correctly, so only take alternate routes at your own risk.

Watch for Patches of Ice

Patches of ice on the street are never quite as easy to identify as drivers would like. Some icy spots are covered in powdered snow while others are dark and melt into the black color of the asphalt. Reflection alone isn’t always enough as some patches of dark ice are indistinguishable from the area around them.

In general, part of driving on winter roads is assuming that any wet or snowy area could be covered in slippery ice. Pass carefully over these areas, remembering to slow down to create more traction. You may also want to rehash the best way to drive safely on ice before the season officially starts.

Avoid Minor Distractions

Any distraction is dangerous when you’re driving, and the winter months are full of distractions. As much as you’d love to sing holiday carols or answer a text message from your family member, the truth is that you need to keep your attention on the road until you have safely reached your destination.

To avoid mental temptations, turn your cellphone off or silence it before you get into the car. Avoid looking at your phone as long as the car is in motion. Depending on how comfortable you are, you should also consider turning off the radio, especially when the weather is bad.

Clear Snow Immediately

Allowing snow and frost to build up on your car is never a good idea. The weight of the frozen water is often too much for your vehicle and can lead to dents, windshield cracks and worse damage. On top of that, any snow left on the top of your car can fall while you’re in motion, obstructing your vision and causing a sudden accident.

The solution is to keep an ice scraper and snow brush in your car. Always brush the snow off your car before you start driving, and never leave a spot because you think you have enough visibility. Pay attention to the center of your car’s roof. The snow here is hard to reach, but it still needs to be removed.

We hope you have a safe and wonderful winter season with clear roads to every destination. If something does happen while you’re on the road, please contact our Morristown personal injury lawyer at (973) 898-0161.

The COVID-19 Pandemic May Impact New Jersey Crime Rates

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COVID in New Jersey: What Is the Impact on Crime?

As a result of COVID-19, hundreds of thousands of people have been killed, millions sickened, and tens of millions of people have seen their employment disrupted. This, in turn, has impacted our economy, and the reach of that disruption has extended its tentacles into many aspects of our lives. However, as bad as it has been, some of the impacts have been more mixed, and in some ways, COVID has helped make a positive difference in society, including in some areas, like crime.

Economic Impact of COVID in New Jersey

Few states have been hit as hard by COVID as has New Jersey. This is the case for many reasons. First and foremost, unfortunately for the Garden State and its residents, New Jersey was one of the epicenters of COVID when it first hit the United States in March. For some time, New Jersey had some of the highest numbers of cases in the entire country. It also had extremely high positivity rates, hospitalization usage, and deaths.

Those impacts remain to date, although the numbers have declined. As of the end of October 2020, there were 231,000 cases of COVID-19 in New Jersey with more than 16,000 deaths. Relatively speaking, this is a high number. In terms of its rankings in the United States, New Jersey has the:

  • 10th highest number of cases
  • 5th highest number of deaths
  • 26th highest number of cases per 1 million residents

New Jersey Gov. Phil Murphy won praise and high approval ratings from his state’s residents, acting aggressively to close businesses and limit nonessential workers from traveling.

However, those measures and the human toll of the virus have exacted a steep price on the New Jersey economy. From that perspective, New Jersey continues to suffer. The state’s unemployment rate is 11.1 percent, which is much higher than the national average of 7.9 percent. The state has recovered significantly from the March/April unemployment highs but clearly has a long way to go after losing 759,000 jobs and having recovered a mere 40 percent of them.

As one would expect, the impact of this job loss was the hardest on the service, retail and tourism industries. These impacts, of course, hit people whose jobs were the least secure, often including women and racial minorities who have been made to bear the brunt of this pandemic.

Impact of COVID and other Economic Disruptions on Crime Across the United States

A wide array of research has detailed the impact that economic disruption and recessions have on crime. The results have yielded many findings, some of which make sense and others that are counterintuitive.

On one hand, according to the World Economic Forum, young people who leave school or graduate during a recession are more likely to become involved in crime than people who leave school when economic times are rosier. This is because young people who have a harder time finding a job are likelier to turn to a life of crime as there is no other productive way to spend their time or make a living. Of course, this could be particularly devastating for youth who were leaving high school or college during the height of the COVID-19 pandemic.

However, this does not mean that crime rates are bound to increase during difficult economic times. For example, according to an analysis by the Stanford Center on Poverty and Economic Inequality, crime rates were declining before the Great Recession, and they continued to decline during it. At the same time, the analysis noted that crime increased during many periods of economic growth, notably during the 1960s and 1970s. The paper noted the possibility that crime rates may lag behind these periods of growth and contraction, but it does appear possible that recessions will not broadly impact the crime rate. As such, it appears highly possible that other factors can crowd out the impact that the economy may have on crime.

As we are still in the middle of COVID, it is more difficult to determine what impact it has had on crime and the crime rate. However, some conclusions can be drawn. Arrests and crime reports are down in many areas throughout the country. Citing concerns of the danger jails and prisons posed, many police departments reduced arrests, instead opting to ticket individuals for alleged infractions. In areas with significant lockdowns or rates of illness, most types of crime fell dramatically, although some areas saw increases in certain types of physical crimes, such as burglaries of commercial properties. Criminals presumably targeted these areas, knowing they would be unoccupied during much of the lockdown.

Additionally, some other types of crime increased. Cybercrime, domestic violence and hate crimes against Asian Americans all saw increases, which can all be tied directly to the impact of COVID-19.

However, to be clear, while many types of crime have decreased, there is still a huge demand for legal services. Crime is still occurring; arrests are still being made; and many standard legal events, like trials, have been altered. As such, if you live in the Morristown area and need help finding an attorney, you should make sure to reach out to a Morristown criminal defense lawyer. Furthermore, you should do so sooner rather than later as any delay in court proceedings may extend your legal issues longer than necessary.

The Impact of COVID on Crime in New Jersey

If anything, it appears that the impact of COVID-19 on New Jersey crime rates has been positive. A report in mid-May by the New Jersey State Police found that crime had “plummeted” in New Jersey during the coronavirus outbreak. That report found that virtually all categories of crime, including violent crime and property crime, had dropped. In some cases, certain types of crimes dropped by as much as 65 percent. Even domestic violence calls had dropped by 16 percent. The only type of violent crime that increased was murder, which went up 9 percent.

These statistics were echoed in other parts of New Jersey. For example, in October 2020, Middletown reported record-low crime rates. Similar reports were found in other places in New Jersey.

However, in some cases, certain types of crime were found to have increased. For example, in April 2020, New Jersey announced that it was charging more than 2,200 people with crimes related to violating COVID-19 emergency health orders. The number of people who have been charged with such crimes has only increased since then. An August 2020 report discussed the arrest of 21 individuals who used the increase in children’s internet activity to prey on vulnerable kids and potentially commit sexual crimes against them.

On the whole, it is too soon to make definitive conclusions about the impact that COVID-19 has had on crime rates in New Jersey. However, with some exceptions, preliminary data indicate that crime has gone down in the state.

At the end of the day, far too many people have found themselves in trouble with the law. If you are looking for a Morristown criminal defense lawyer, contact the law office of Gregg Wisotsky. We offer top-notch criminal legal services, including defense strategies for assault, fraud, drug offenses and other felonies and misdemeanors. There are many ways to contact the firm, including by filling out the form on our site. You can also call us at (973) 898-0161 during business hours or (908) 229-9714 after hours and on weekends.

How Neglecting COVID-19 Prevention Laws Could Be Criminal

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Understanding When Neglecting Prevention Laws for COVID-19 Could Be Criminal

During the COVID-19 pandemic, many state governors have put laws and orders in place that are designed to lessen the spread of the virus. It’s important to understand that more than 200,000 people in the U.S. have died as a result of the COVID-19 virus. The prevention laws that have been passed in states like New Jersey can come with penalties and the possibility of litigation for individuals who neglect these laws.

Current COVID-19 Laws in New Jersey

Toward the beginning of the COVID-19 surge in the U.S., the New Jersey state government put in orders that required individuals to stay at home as much as possible. A mask mandate has also been passed that requires residents to wear masks or other types of face coverings in outdoor public spaces as well as commercial businesses. There are, however, some exceptions to this mask rule that you should be aware of. For instance, if wearing a face mask would inhibit your health, this order wouldn’t apply to you.

While the mask mandate is still in place throughout New Jersey, the stay-at-home order was rescinded back in June once the rate of new cases dropped significantly. At the time, anyone who was caught breaking the stay-at-home order could face penalties that were as high as $10,000 in fines and up to 18 months of jail time. During the period of time that the order was in place, more than 2,000 residents of New Jersey were charged with violating this order.

Keep in mind that current penalties and charges for neglecting COVID-19 prevention laws could increase or decrease in the coming weeks and months. Across the United States, prevention laws have become stricter when cases have risen. While the case numbers in New Jersey remained relatively steady from June through September, there’s always a possibility that case numbers could rise again. If this occurs, the penalties for not wearing a mask could increase. Enforcement of these penalties may also become more stringent.

Possible Penalties You Could Face

Since it has been rescinded, residents no longer have to worry about facing fines or jail time for breaking New Jersey’s stay-at-home order. As for the mask mandate, it’s possible that penalties and charges will start to be assessed in the coming weeks for individuals who are caught not covering their faces while in stores and outdoor places throughout New Jersey.

Back in April, Governor Phil Murphy created and signed an order that required people who enter stores throughout New Jersey to wear masks or face coverings. While these requirements are still in place, penalties have yet to be assessed for the mask mandate. In late September, the New Jersey State Assembly passed a bill that stated that individuals would face certain penalties if they were caught not wearing a mask in stores with visible signs that required face coverings. Currently, the bill has only been sent through the appropriations committee and will still require additional votes before becoming law.

If passed, this bill will charge individuals who break the mask mandate to have to pay fines that are anywhere from $50 to $500. These fines can be allotted if the individual doesn’t wear a mask over both their mouth and nose. In the early stages of the bill, anyone who was caught without a mask could also face a jail sentence of up to 30 days. This penalty has since been dropped from the bill, which means that monetary fines are currently the only potential penalty that people could face when breaking the mask mandate. While the criminal charges for neglecting COVID-19 prevention laws are relatively minor, it’s still important that you adhere to these laws if you want to avoid any charges.

Potential for a Lawsuit

Along with criminal charges, it’s possible that you could face a lawsuit if you neglect the COVID-19 prevention laws that have been set in New Jersey. If you show symptoms of suffering from COVID-19 yet continue to meet with people, shake hands, and remain in proximity to others, a lawsuit could be filed against you in the event that your negligence leads to spreading the disease.

While a lawsuit can be filed in such situations, these cases are often difficult to prove since the plaintiff will need to be able to prove that the defendant knew about their symptoms and continued to act recklessly before seeking treatment. For a defendant to determine that negligent conduct occurred, they must officially establish that:

  • Damage was done to the plaintiff
  • There is a connection between the conduct of the defendant and the harm that was done to the plaintiff
  • The defendant has a duty to the plaintiff
  • The defendant breached the duty that they had to the plaintiff

While it’s possible for lawsuits to be filed in relation to COVID-19, more coronavirus cases in New Jersey have been criminal. In fact, New Jersey has already charged more than 1,700 people for breaking the stay-at-home order back in April. This included a notable incident where a 54-year-old homeowner was charged after putting on a concert from his front porch in Rumson, NJ. That’s why it’s important to wear a face covering and pay attention to any new executive orders that may be signed by Governor Phil Murphy in the coming weeks and months.

How a Morristown Criminal Defense Lawyer Could Help You

While COVID-prevention regulations play an important role in stopping the spread of the disease, there are instances where people are unfairly charged with breaking the laws. Sometimes, a sign is not visible or someone is wrongfully accused. Keep in mind that there are some exceptions to the mask mandate and other COVID-19 prevention laws that might apply to your situation. For instance, the mask mandate doesn’t apply to situations where you’re drinking a beverage or eating food.

These laws are meant to punish serious offenders, not well-meaning people who fell victim to a mix-up. After all, navigating a pandemic is something new for our society. If you’ve been hit with a charge, consider reaching out to a criminal attorney.

It’s also important to understand that potential fines for breaking the mask mandate could be anywhere from $50 to $500. While you might be able to afford a penalty of $50, a higher penalty that’s closer to $500 could make it difficult for you to pay your monthly rent or afford groceries. Should jail time be added to the possible list of penalties, the economic ramifications could be even greater.

The COVID-19 pandemic is a serious situation that has resulted in many governors throughout the country signing orders and laws that make it illegal to go into a store without a mask or to visit a gym or movie theater during downtime. Even though the penalties that are assessed with these charges aren’t too high at the moment, it’s still recommended that you do what you can to avoid criminal charges. If you have questions about COVID-19 prevention laws, call us at the office of Gregg A. Wisotsky. You can reach our Morristown criminal defense lawyer at (973) 898-0161.

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Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

© 2025 Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, Attorney at Law. All Rights Reserved.

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