Blog | Gregg A. Wisotsky, Esq.

Wrongful Death Lawsuits Spike After COVID-19

October 19, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Plaintiffs File Increasing Number of Wrongful Death Claims

Almost 7,000 New Jersey nursing home residents have died due to COVID-19. In addition, many people have been sickened at work and ultimately passed away. As a result, their families have filed wrongful death lawsuits, resulting in a spike in this type of case.

The Lawsuits Are Just Beginning

COVID-19 has led to a high number of wrongful death claims. The lawsuits are only beginning as plaintiffs have until two years from the date of death to file a lawsuit. Thus, it is likely that there are still many more lawsuits to be filed as families learn more about their loved ones’ deaths.

There are many settings in which New Jersey residents were sickened by COVID-19. Even though the law is skewed toward the defendant in this area, there are still openings for families to bring wrongful death lawsuits against those who they believe are responsible for their loved ones’ death. This is why people are still filing lawsuits.

Nursing Homes, Employers and Retail Establishments Are Defendants

The three most common types of COVID-19 wrongful death lawsuits occur in nursing homes, employment settings and stores. While plaintiffs in these cases face some hurdles, they are hoping that the defendant’s conduct in these cases was so bad that they can persuade the jury of liability. Alternatively, they are hoping that the defendants may realize that they have legal risks and settle the case.

There has been a rush of wrongful death lawsuits against New Jersey nursing homes. You may remember the horror stories of bodies piling up at an overwhelmed New Jersey nursing home in the early days of the pandemic. These skilled nursing facilities were anything but skilled in keeping their facilities from being overrun with the deadly virus.

Nursing Homes Are Sued the Most

There was a class-action lawsuit filed against a nursing home in the state in which 94 families alleged that the home failed to take the proper action to keep their loved ones safe and prevent their deaths. New Jersey has passed a law giving qualified immunity to nursing homes from COVID-19 lawsuits, but there are enough ways to still show that the nursing home was liable.

The families of deceased New Jersey residents have also rushed to file lawsuits against employers that failed to keep workers safe. Whether these employees worked in stores or meatpacking plants, their employers did not provide them with adequate personal protective equipment (PPE) or take measures to keep the virus from spreading in the workplace. As a result, workers got sick and died.

Employer Lawsuits Are Tough to Win But Have Been Filed

These lawsuits are difficult to win but not impossible. Usually, this would be covered by workers’ compensation, which is the exclusive remedy. However, scores of plaintiffs are trying to prove that their employers were grossly negligent. This would allow the family to file a traditional wrongful death lawsuit that could lead to higher damages.

Families are also filing wrongful death lawsuits when people have become sick in places like stores. In the early days of the pandemic, stores might have been negligent in failing to take protective measures when they knew how dangerous the situation was. This includes rules to distance customers from employees and each other. Here, families are in a better position because a wrongful death lawsuit against the store would use the traditional negligence standard. To learn more, you can consult with a Morristown personal injury lawyer.

There has been no national COVID-19 liability shield as some have proposed. As a result, you can expect that there will be more lawsuits filed. The number will increase even more if there is a spike in COVID-19 deaths in the fall as many are predicting.

If you think that someone else may be responsible for the death of your loved one from COVID-19, contact Morristown personal injury lawyer Gregg Wisotsky at (973) 898-0161 to set up your free initial consultation.

New Jersey Police Crack Down on Drunk Driving Despite Pandemic

September 23, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Increased DUI Prevention in New Jersey Despite COVID-19

The novel coronavirus pandemic has altered American life. In fact, traffic in New Jersey has been down more than 60% at points during the pandemic, which has led to fewer traffic deaths, accidents and violations in the state in more than 50 years. Despite those numbers—and despite the reduced access to bars and restaurants—incidents of driving under the influence may be on the rise, which is why Morristown criminal defense lawyers warn that deterrence efforts by traffic cops have increased.

Driving Under the Influence in New Jersey

In New Jersey, the terms DUI (driving under the influence) and DWI (driving while intoxicated) are recognized equally and can be used interchangeably. We’ll use DUI here and going forward for the sake of clarity and consistency, but all of the information provided here applies in both cases. In this state, a DUI carries penalties when a person of legal drinking age has a blood alcohol concentration at 0.08% or above or when a person not of legal drinking age has a BAC at 0.01% or above. Punishment depends on the severity of the offense and, if applicable, the number of previous offenses. The most common penalties include:

Fines
Fees and surcharges
Imprisonment
Community service
Driver’s license suspension
Automobile insurance surcharges
Mandatory ignition interlock device
Driver education program participation

Is a Rise in DUIs Unexpected?

It depends on who you ask. On one hand, there are significantly fewer people on the roads, and fewer of those people are drinking while driving because there is less access to bars, restaurants and other establishments that serve alcohol. On the other hand, many people are working from home or have temporarily or permanently lost their employment. Many people have more free time than usual and are under great stress from the pandemic itself as well as the ancillary challenges. Consider that during the pandemic, alcohol sales went up 55% compared to years prior, according to the Nielsen market research firm. Morristown criminal defense lawyers and area traffic police also warn that DUI cases tend to rise during periods of elevated stress and loneliness, such as the holidays, and many people are experiencing stress and isolation like they never have before.

Are Other Factors Causing Increased DUIs?

NJ Transit—which encompasses both buses and trains—provides transportation for more than 800,000 passengers a day. Public transportation is available late at night, and some options run around-the-clock. Nevertheless, usage of public transportation in New Jersey is down at least 20%, and that number has been quite a bit higher during peak periods. Due to fear of infection, there’s some deterrence to opting for safer means of transportation while drinking. Travelers also have the option of taxis in addition to ride-hailing services, such as Lyft and Uber. However, the taxi workforce is down by a significant amount—as much as 75%. Lyft and Uber availability is also down—but by how much is not known—and more than 50% of regular ride-hailing passengers said that they were much less likely to use such a service during the pandemic.

DUI Ticket Blitzes

In New Jersey, the term ticket blitz is attributed to orchestrated traffic safety initiatives that run during various periods of the year, including between mid-August and Labor Day and one that begins the first week of December and continues through New Year’s Day. Recently, the campaign for these blitzes has been known as “Drive Sober or Get Pulled Over,” and they involve television, radio and internet ads in addition to billboards. During the COVID-19 pandemic, traffic cops have been using similar strategies more frequently—albeit with not as much media presence. These coordinated efforts not only result in arrests of drivers impaired by alcohol and drugs but also result in tickets for speeding, failure to wear a seat belt and texting while driving. These initiatives are multi-pronged and often involve:

Ad campaigns
DUI checkpoints
Added patrols near hot spots
Deterrence through increased police presence
Coordination between state and local law enforcement

What Does a DUI Checkpoint Entail?

DUI checkpoints involve the use of one or more roadblocks to funnel traffic. There is usually at least one police offer directing traffic while another examines drivers’ licenses and vehicle registrations. This initial phase is relatively brief. The police are looking for impaired drivers along with unlicensed drivers, expired tags and so on. Most drivers funneled through a checkpoint will be on their way in under a minute. If an officer suspects that you are impaired, he or she will ask you to pull over, turn off the vehicle and step out. You will then perform a field sobriety test. While you can refuse, New Jersey is an implied consent state. This means that giving consent is implied when you choose to become a licensed driver and operate a motor vehicle.

How Do DUI Checkpoints Differ During the COVID-19 Pandemic?

The COVID-19 pandemic has changed so many aspects of American life. That includes how law enforcement agencies in New Jersey conduct DUI checkpoints. Protocols have been updated to allow for as little contact as possible during all stages of the process. Police officers have been instructed to use face masks and gloves. They have hand sanitizer on hand in addition to masks that can be provided to citizens when needed. Social distancing is maintained as long as possible, including during the field sobriety test. The state has also updated the manner in which breathalyzers are used and handled to reduce the risk of either citizens or police offers getting infected.

Does Reduced Traffic Account for the Additional Resources?

In some cases, it may. After all, there is less traffic on the road, which means that traffic cops are dealing with fewer accidents and other traffic-related incidents. However, such coordinated efforts are usually made possible through additional manpower rather than through reallocation of necessary resources. Overtime for police officers is usually required. Police departments often have an annual budget for such purposes. Police departments can also receive federal, state and local grants to fund these efforts. This is certainly common with the nationwide Drive Sober or Get Pulled Over campaign, but it is not known if such funds have been distributed specifically for COVID-19-related impaired driving deterrence.

Local Representation for DUI Charges

Have you or a loved one been charged with a DWI or DUI? It’s important to seek legal representation, especially during these uncertain times. Whether this is your first offense or you are being charged with a second or subsequent charge, the office of Gregg Wisotsky in New Jersey would like to help you. DUI law is an area of focus for us, and we can provide you a Morristown criminal defense lawyer who will work diligently to protect your rights and minimize any penalties that you may face.

Our law firm provides initial consultations at no charge and without obligation. To schedule an appointment, call our Morris County office at (973) 898-0161 or contact us online. You’ll be happy to know that we follow all social distancing requirements while still providing strong legal representation.

COVID-19’s Impacts on Personal Injury Court Hearings

September 19, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How Personal Injury Dockets Are Faring During COVID-19

On August 27, 2020, New Jersey released a plan to reopen courtrooms for jury trials that had previously been off-limits during the pandemic. Reopening the courts for physical in-person proceedings is the first step toward clearing the backlog of civil cases. However, safely reopening is the priority at this point as opposed to moving to clear a backlog.

You Can Expect to Get a Hearing in the Future

New Jersey now has a plan to deal with the backlog of civil court cases that have piled up since the start of COVID-19. While it may not clear the backlog immediately, the state’s plan will at least get the wheels of justice moving again for both parties to a civil lawsuit. Now, at least personal injury plaintiffs can have the expectation that they will have their day in court in the future even if the rules still require social distancing.

Previously, it was unsafe to assemble the jury in one location out of fear of the pandemic. Now, subject to certain precautions, juries can assemble again to hear cases. This does not mean that a civil trial will be held in all courtrooms due to spatial constraints. Judges will be free to integrate video proceedings into their trial as they see fit with a recognition that the actual trial will be in-person.

The Judiciary Will Try to Return to Normal

The state now recognizes that it cannot indefinitely put a halt to trials because it will violate the legal rights of parties to a civil trial. With that in mind, they are making an effort to reopen courtrooms and begin to try to return to normal operations.

The first step to clearing some of the backlog is to get trials started again. However, this does not fully address the fact that there are cases that have piled up behind the court cases that had hearings canceled during the pandemic. The state is not even promising that jury trials can resume in a fully normal manner at any point in the future. Officials are just trying to get courthouses open as safely as they can right now. This is the first step.

Many Courtrooms Cannot Accommodate Socially Distanced Juries

Even with in-person jury trials, many courtrooms throughout New Jersey are not large enough to accommodate trials with social distancing. Counties are limited in the number of trials that they can hold because of spatial constraints. Counties are dealing with this by ensuring that the courtrooms are reserved solely for trials. They intend to try as many cases in these courtrooms as the schedule permits.

In order to bring jurors into the courtroom, the judiciary will try to do as much as possible outside of the courtroom to keep jurors as safe as possible. In order to test these procedures in civil trials, New Jersey courts will start with smaller and less complex trials. The hope is that the procedures will be effective and the state’s courts can switch to larger and more complex trials in short order.

The First Priority Is Getting Started Again

The state has still not indicated what it will do in order to clear some of the backlog it is facing. The first priority for the New Jersey Judiciary is to get the courtrooms open again as soon as possible. Then, the state might address how it would move to hear more cases. Right now, the state just wants to figure out how to safely hold in-person trials. Then, at a later stage, the court will try to figure out how to hear more cases. Thus, it is likely that the backlog will persist for quite some time. Your Morristown personal injury lawyer can advise you as to how this will impact your particular case, but you can anticipate that it will take much longer to get a trial date.

To learn more about how the judicial schedules will affect your personal injury claim, contact Morristown personal injury lawyer Gregg Wisostsky at (973) 898-0161 today.

Which Sorts of Criminal Cases Will Be Tried First After Courts Open?

August 23, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How Are Backlogged Courts Deciding Which Criminal Cases to Hear?

For several months, courts around the nation closed to prevent COVID-19 transmission. This unfortunate yet necessary measure has led to a backlog of over 16,500 criminal cases throughout New Jersey. Now that courts are finally opening up, the massive New Jersey coronavirus backlog may change the way certain cases are handled.

Older Cases Are Being Prioritized

The crime committed is not the only thing the court will consider as they pick which cases to start with. When trying to decide which cases to hear first, the court will also take into account how long it has been since the person was first arrested. In New Jersey, all defendants are guaranteed the right to a speedy trial. This is meant to keep police from indefinitely holding onto a person simply because they are suspected of a crime. A speedy trial is also necessary because it may be harder to obtain accurate witness statements and other relevant information as time passes.

Legally, a person must be indicted within 90 days of being detained. Furthermore, a person who has been indicted cannot be detained in jail for more than 180 days following the indictment. It is possible for a judge to declare a mistrial because of a lack of a jury, which may have happened when it was considered unsafe to create a jury. If the court has declared a mistrial, New Jersey law specifies that a new trial must start within 120 days of the mistrial entry.

If a person is detained in jail for longer than this amount of time, they can be released from jail. This is typically something the courts try to avoid, even when there is a criminal case backlog. As long as the prosecutor feels that they have a decent case against a person, the court will prioritize those who are about to reach this statute of limitations. This means that both indictments and criminal trials for older cases will proceed as quickly as possible. Even if the older trial is not for an especially severe crime, it may be tried simply to ensure that defendants’ rights to a speedy trial are met. The older a case is, the more likely it is to show up on the court’s docket.

More Serious Crimes Are More Likely to Be Tried

The backlog is so severe that some Morristown criminal defense lawyers and other legal experts feel that it may be impossible for courts to meet trial deadlines. In these situations, some charges may inevitably be dismissed. The courts are aware of this, so they are trying to ensure that all serious and violent criminal cases are heard first. They feel that if some potential criminals are set free it is best to ensure that it is only those who have committed less serious or nonviolent crimes. More time and energy will be focused on serious crimes instead of crimes that may be considered petty or victimless.

Another reason that courts are focusing on more serious crimes is because they want to keep jailhouses as empty as possible. Reducing the number of people in jail makes things easier for wardens to keep the inhabitants safe. Typically, those who are arrested for less serious crimes have a low bail that they can easily pay. More serious criminal charges make it harder for a person to get bail. In some cases, the bail amount may be so high that it is hard for the defendant to pay. In other circumstances, bail may be denied altogether. Since the courts recognize that full jails are going to lead to problems, they are making an effort to help keep jails as empty as possible.

What counts as a “serious” crime tends to be a matter of personal opinion. Typically, crimes involving violence or large amounts of theft tend to be considered more serious. Things that are felonies or aggravated felonies may get court attention sooner than misdemeanor crimes. Some examples of the types of criminal cases that may be prioritized include:

Homicide
Sexual assault
Armed burglary
Manslaughter
Assault
Robbery

Cases That Cannot Be Plea Bargained Are More Likely to Go to Court

To deal with the New Jersey coronavirus backlog, most courts are focusing on plea bargains over jury trials. Only about 10% of criminal cases actually end up going to trial usually. Instead, the majority of people charged with a crime end up accepting plea bargains. A plea bargain is an agreement where the prosecution agrees to reduced sentencing in exchange for the defendant pleading guilty right away.

Even more COVID criminal cases are likely to end in plea bargains than usual because these bargains are quicker and easier than a full trial by jury. The court is desperate to get through cases as quickly as they can, so they are being more lenient on the types of bargains being approved. Many prosecutors report that they are going out of their way to create plea bargains whenever possible.

However, plea bargains are typically only an option in certain types of cases. Most prosecutors will skip a plea bargain if they feel that they have enough evidence to almost guarantee a conviction. A complete lack of evidence can also make it hard to settle a plea bargain since the defendant and their Morristown criminal defense lawyer may think that their chances of being acquitted are high. Furthermore, if a crime is considered particularly serious, such as first-degree murder, all plea bargains may be taken off the table. Plea bargains may not be offered to repeat offenders and others who are deemed to be a danger to the public.

Since the courts are so busy, they may advise prosecutors to avoid wasting time trying to get a plea bargain for these situations. Instead, they may prioritize trials for these sorts of cases to get them out of the way. This lets the court spend its time addressing the more controversial cases while plea bargains can be used to clear away more open-and-shut cases. With New Jersey courts encouraging plea bargains instead of trials, the only cases likely to go to a jury are those that cannot be plea bargained away.

How to Handle COVID Criminal Cases

If you are facing criminal charges during COVID-19, you cannot just assume that they will go away. Courts may be focusing on more serious cases, but they are still taking time to consider every case that goes through their offices. The new focus on plea deals may give you favorable terms, but you should always get legal advice before accepting any plea deal. An experienced Morristown criminal defense lawyer can help you decide if it is worth waiting for a trial.

The law firm of Gregg Wisotsky is here to help during these trying times. We are happy to provide free consultations and review your case. Our team has worked on a variety of criminal defense cases, ranging from drug offenses to violent crimes. To learn more, call our Morris County office at 973-898-0161 or fill out our online contact form.

Personal Injury Lawsuits Against Employers for COVID-19 Infections

August 19, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Suing Your Employer for Getting COVID-19 at Work

Even though the jobless rate in New Jersey has spiked to over 16%, there are still countless employees who have needed to show up in person to work during the COVID-19 crisis. Many of them have contracted the virus at work as their employers were lax about protecting them on the job. You may be wondering whether you can file a lawsuit against your employer instead of seeking workers’ compensation benefits.

Your Lawsuit Must Be About More Than Negligence

Like the response to many legal questions, the answer to the inquiry of whether you can sue your employer for not taking the proper COVID-19 precautions is complicated. Ultimately, it would depend on the level of blame that the employer bears for the fact that you contracted COVID-19 on the job. Nevertheless, you would need to go well beyond showing that your employer was negligent in failing to protect you.

In general, it is very difficult to file a personal injury lawsuit against your employer. This is because the workers’ compensation system gives them a certain level of protection from any lawsuit that an employee would file. If a worker is injured on the job, and getting coronavirus at work would count as an injury, their exclusive remedy is to file a workers’ compensation claim.

Try to Find Lawsuit Grounds

You cannot file a standard personal injury lawsuit on the theory that the employer was negligent in failing to protect you. While you can receive workers’ compensation benefits under those circumstances, you would likely get more in payment in a personal injury lawsuit. This is why some victims will want to find a reason to try to file a lawsuit instead of a workers’ compensation claim.

In New Jersey, there are some limited circumstances under which an employee can sue their employer. Instead of just showing negligence on the part of their employer, they would need to prove that their employer acted with gross negligence. This is a much higher standard that is not always easy for a plaintiff to meet.

The Employer Must Have Acted Deliberately

While negligence can cover omissions or carelessness, gross negligence requires that the employer acted with some sort of intention or deliberate conduct. In other words, your employer needs to know that their employees are facing risks and deliberately ignored these risks in failing to protect the employees.

This is not an impossible standard to meet when it comes to preventing COVID-19 outbreaks at work. While many employers have since cleaned up their act as more information about the pandemic has been released, there are countless stories from the earlier days when employers sent their workers on the job without any personal protective equipment. Moreover, some employers forced their employees to work close together when they knew that COVID-19 was a highly contagious disease. Some supervisors forced employees to come into work even when they were showing symptoms of being ill. Each of these may be considered as deliberate conduct if the case goes to trial.

Again, it is not easy to win a personal injury lawsuit against an employer no matter the circumstances. This is the reason why workers’ compensation exists. However, there have been cases in New Jersey where employees have been successful. For example, a New Jersey court allowed an injured employee to sue when their employer willfully ignored federal safety rules.

Of course, COVID-19 is an unprecedented situation, so it is too soon to tell how courts will treat the normal rules. A Morristown personal injury lawyer can advise you as to the possible merits of your case. You should be prepared for some uncertainty along the way as courts’ legal approaches to this issue are still unknown.

To learn more about whether your employer may be liable for your case of COVID-19 that you got on the job, contact the Morristown personal injury lawyer Gregg Wisotsky at (973) 898-0161 to schedule your free initial consultation. We have offices throughout New Jersey.

COVID-19 and Its Effects on the Police

August 1, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How COVID-19 Is Affecting Police Officers

With the rapid spread of COVID-19, law enforcement agencies are racing to keep their officers and the public safe from the virus. Many criminal justice advocates have focused on the need to reduce jail populations, and others are suggesting changes to the way police handle calls for assistance in the community. With these changes, the coronavirus pandemic could have a lasting impact on law enforcement in the United States.

Taking Steps to Stay Safe

COVID-19 has affected almost every aspect of our daily lives, including how police and other officials handle emergencies in the community. These problems do not come without added expenses for the agencies. In fact, the COVID-19 pandemic is so costly that Congress included about $850 million in the CARES Act to help law enforcement respond to and prevent a coronavirus outbreak in their communities. During these challenging times, many jurisdictions are ensuring that certain people will not be sent to jail. Serious offenders are still being arrested, but those who commit nonviolent crimes are often allowed to return home. Law enforcement agencies are modifying their practices to maintain physical distancing to keep the public and officers safe.

While keeping the community safe, law enforcement agencies are feeling the effects of the virus on their officers. For example, over 2,000 New York City police officers have tested positive for the virus with 20 percent in the ranks reporting being ill. Detroit has placed over 350 officers in quarantine as 400 police officers returned to work after sick leave.

If police agencies want to keep everyone safe during this pandemic, they will have to modify their practices. When making decisions, many law enforcement agencies are applying the “do no harm” model to their practices from making arrests to the use of force in the field. Today, an arrest is now seen as a last resort. By limiting the use of handcuffs, both the police officer and the accused will stay safe from an infection of COVID-19.

However, some people believe that incorporating physical distancing and other changes will harm public safety. While there is a cause for concern, police agencies are making minor adjustments to protect their staff and officers from the virus as they continue to serve the community. It is also vital for these departments to enact changes consistently. By doing so, law enforcement agencies can stop the spread of COVID-19 as they continue to protect the community.

Potential Changes to Law Enforcement

If a law enforcement agency wants to stop the spread of the virus, it will have to implement these policy procedures. In some cases, these measures might have a permanent effect on policing in America. During the virus outbreak, many people have called on police to reduce the number of custodial arrests and police stops. In some police departments, officers have been instructed to handle only the most serious calls and minimize stops for those low-level crimes.

In Philadelphia, officers were instructed to delay arrests for nonviolent crimes, such as narcotics offenses, burglary and prostitution. Washington D.C. officers issued citations and released individuals for a wide variety of crimes to reduce the number of custodial arrests in their jail systems. While this might be seen as an emergency measure, some agencies could continue with the practice to reduce jail overcrowding and keep the amount of contact between the police and the community to a minimum.

Police budgets continue to be a hot topic in many communities. There have been calls for officers to limit the number of in-person calls. Some people have suggested that to reduce the spread of COVID-19, police officers should not respond to non-emergency issues. Instead, officers will only respond to crimes that involve a threat to public safety or take place in areas where an investigation cannot be delayed. The public is encouraged to report these nonessential complaints to a non-emergency phone number or online portal.

Police agencies in Texas, California and Virginia are already implementing these procedures. These steps might help take the strain off the officers and allow them to focus on more critical crimes in their communities. If these cities are successful in reducing crime with social distancing, online crime portals may become the norm in the United States.

The virus has limited interactions between the police and the public, but there is a need for in-person contact for certain crimes. Most law enforcement agencies are starting to prioritize domestic violence calls. Since many people have been staying at home due to government orders, there has been an increase in domestic violence cases. Police officers are already trained on the warning signs of domestic abuse. When they respond to a call, these officers make sure that everyone in the residence remains safe. COVID-19 has drained certain resources, but many communities are making these calls a top priority. With strained relationships and stress from the pandemic, there is increased tension in many homes. The renewed focus on keeping domestic abuse victims safe and protecting the community should remain the goal for law enforcement agencies in the future.

Finally, due to the virus outbreak, many agencies have provided personal protective equipment (PPE) to all on-duty officers. These law enforcement agencies are also educating their officers on how to stay safe during the pandemic by properly washing their hands, sanitizing their work equipment and surfaces, and identifying the symptoms of COVID-19. They are also providing testing for all officers and staff. Officers are also required to stand at least 6 feet away from members of the public. Some departments, like in Philadelphia and Austin, require their officers to wear masks while on duty. In Los Angeles, patrol officers have a PPE kit that includes goggles, a mask and gloves. These officers also must adhere to safety guidelines when interacting with the public. When the virus fades away, many agencies could still implement these strategies to keep their officers healthy and prevent another virus outbreak in their communities.

The Future of Policing

While most procedures are created to keep officers and the public safe during this pandemic, many of these changes might become the future of policing. In the future, law enforcement agencies will continue to be concerned about the welfare of the public and their officers. Some crime reporting will be designated to online portals as patrol officers handle serious offenses. Improved safety measures, such as increased sanitation in patrol vehicles and jail facilities, can help stop the spread of other infectious diseases. These COVID-19 procedures will have a lasting effect on the future of law enforcement in the United States.

Morristown Criminal Defense Lawyer

While some of these changes are in effect at many police agencies, others might still hesitate to alter their procedures. COVID-19 is still an issue for many law enforcement agencies. However, that does not mean that all arrests have been halted during this time. Police officers continue to charge individuals with serious offenses. If this has happened to you, it might be time to turn to a Morristown criminal defense lawyer.

During this pandemic, our offices are open, and we’re ready to help with your case. You want to choose an attorney who has the experience to handle criminal cases in New Jersey. If you have been arrested or need help with a criminal case, you should contact Gregg A. Wisotsky, Esq. at (973) 898-0161. You can also go online and schedule a free consultation.

Does the Pandemic Mean You Should Settle Early?

July 28, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Settling Early May Have Some Unique Benefits During the Pandemic

Roughly 97% of all civil cases end before trial due to settlements. Often, plaintiffs decline the first settlement offer and hold out in hopes of getting something better. With the pandemic changing the personal injury legal process so much, however, some are starting to wonder if they should accept an early settlement instead.

You’ll Need to Be Prepared for Delays If You Take the Case to Court

Before making a decision, you should consider your preferred timeline. Many people are considering settling now due to the huge delay in courts. If you need money to help with expenses as soon as possible, the idea of spending months waiting for a court date can be very worrying. It is true that personal injury cases are taking far longer than they usually do. Most courts are only open right now to handle emergencies, so you might not even get in front of a judge before the year is up. Settling early may mean you get less money, but everyone’s financial situation is different. For some people, getting a smaller payment now can be more helpful than waiting a while for a big one.

It May Be Harder to Collect Your Payment If You Wait

Your Morristown personal injury lawyer may recommend that you consider the financial state of the other party when thinking about early settlement during the pandemic. There is currently a risk that the at-fault party in your lawsuit might face financial challenges during the virus. For example, if you slipped on a puddle of melted ice cream in a restaurant, you might run into problems when the restaurant closes during the pandemic. Instead of just collecting your payment, you may have to join a long list of creditors and end up getting barely anything. In these sorts of cases, agreeing to an early settlement can actually be the option that nets you the most compensation.

Determining a Fair Compensation for Injuries Is Trickier Right Now

An early coronavirus personal injury settlement is usually a bad idea in cases involving injuries. Right now, many health care facilities are only treating immediate problems. This means that you might have to delay things like followup appointments or physical therapy. However, these sorts of non-critical health care visits are a very important part of any personal injury suit settlement. Without them, you may not have a full scope of your injuries. This makes it harder to create a complete picture of the damages you received. You could ultimately end up accepting a settlement that does not fully reflect the injury you faced, leaving you struggling to pay future medical bills or compensate for lost wages.

You Still Risk Being Lowballed

Just like a lawsuit during normal times, early settlements tend to be for lower amounts. If you have a sound case, you can end up with a larger settlement or court-ordered payout. Therefore, it may still be a good idea to keep negotiating with the other party. As long as both you and the other party have sound finances, you could find it beneficial to reject a lowball settlement. If you’re unsure whether a settlement is a good idea, take the time to talk it over with your attorney. Legal counsel can give you a realistic idea of outcomes for your case so you can make the best decision for your needs.

If you’re dealing with a personal injury case during COVID, having an experienced attorney on your side makes a huge difference. A Morristown personal injury lawyer can help you decide when to settle while navigating the changes to court schedules. The Law Firm of Gregg Wisotsky is here to help during these challenging times. We can provide remote consultations and discuss how the COVID-19 pandemic may affect your case. To learn more about our services, dial (973) 898-0161 or fill out our online contact form.

How COVID-19 Is Affecting Prison Sentences

July 1, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How the COVID-19 Pandemic Has Impacted Sentencing and Jail Time

In New Jersey, there has been an outbreak of COVID-19 in the state’s prisons. Over a three-day span in mid-May, there were 150 reported new cases, and by that time, 42 inmates had died in state prisons. As a result, COVID-19 has forced changes in the way inmates are sentenced and serve time, allowing some to remain out of prison for their sentence.

Jails Are COVID-19 Hot Spots

One of the main changes with sentencing during the time of COVID-19 revolves around the recognition that jails have become hot spots for the spread of the pandemic. There have been numerous reports around the country of prisoners being sickened in prison. Officials are almost completely unable to stop the spread of the pandemic behind bars as jails are difficult to sanitize and prisoners are confined together in close quarters.

There are approximately 20,000 inmates in the state of New Jersey. The infection rates among these inmates have been alarming. Certain prisons in the state have been hit very hard by COVID-19. For example, there were 105 cases at the Mountainview Youth Correctional Facility. At the Edna Mahan Correctional Facility, by mid-May, there were 73 cases of COVID-19 among corrections officers and another 47 among inmates. There have been horrifying reports about the conditions that some of these prisoners faced with the jail using solitary confinement cells as a COVID-19 isolation unit and housing many prisoners in a small cell.

Governor Murphy’s Executive Order

Governor Murphy acted relatively early with an executive order allowing the release of certain prisoners who were judged as being higher-risk inmates when it comes to the pandemic. In New Jersey prisons, there are four categories of prisoners who are a priority for furloughs. These include:

Prisoners over the age of 60
Those with high-risk medical conditions
Inmates whose sentences expire within three months
Prisoners who were denied parole within the past 12 months

In New Jersey, the inmates would qualify for temporary and not permanent release. When the COVID-19 danger passes, they would be required to report back to prison. This is with the exception of inmates who have been paroled during this time. New Jersey instructed the Department of Corrections to review inmates’ files to see which ones can be paroled.

However, actual reports about the furlough program in its early weeks of operation stated that there was mass confusion and inmates were being furloughed less than they otherwise should have been. In the first few weeks of the program, only about 50 inmates were furloughed as the prisons did not really understand the rules. By the middle of May, that number had increased to 100, but victims’ rights groups have complained that the state has been moving too slowly and has placed prisoners at risk.

By June, the number had grown to more than 400, but the New Jersey Supreme Court ruled that the state was illegally operating the furlough program. The main problem was that the state had violated prisoners’ due process rights by operating this program in secret and not sharing information with the inmates and their attorneys. The court directed the state to move faster when it comes to furloughs and paroles since New Jersey has the highest rate of inmate death from COVID-19 in the country. As a result, now would be an advantageous time to contact a Morristown criminal defense lawyer to try to act on an inmate’s behalf.

A Furlough Is Not a Commuted Sentence or Parole

The inmates who are released early from prisons generally do not have their sentences commuted. In other words, an early release is not the same as parole where the inmate is generally free to move about, subject to certain conditions. In these cases, the early release means that prisoners are required to remain at home or in one location for the duration of their sentence. They are still subject to the criminal justice system.

In the case of New Jersey, the state’s judiciary issued guidance on May 1 for sentencing proceedings. Judges have the discretion to hold sentencing hearings by video or remotely but only if all parties (including the defendant) consent to it. If the sentencing is held, then the custodial part of the sentence could include state prison. However, the judge has other options than state prison. It is up to the judge to weigh all of the risks to the defendant and public safety in making a determination whether the sentence should begin right now. The judge has the option to order a sentence other than state prison or to stay the sentence for the time being.

Law enforcement has been flexible in some regard when it comes to sentencing. Dangerous criminals will still be sent to prison for sentences. There would be public safety issues with keeping these criminals out of prison that would outweigh the health interest of protecting the sentenced defendants. However, some criminals may be able to remain outside of prison when they are awaiting trial or sentencing. For example, the well-known lawyer Michael Avenatti was allowed to leave prison while he awaits trial in his federal case because he is at a heightened risk of serious complications from COVID-19.

Jail Time and Sentencing in the Federal System

In addition, nonviolent offenders are also being allowed to serve out their sentences at home in certain cases in the federal prison system whereas minimum-security prisoners have been sent home in large numbers. You have certainly heard of Paul Manafort and Michael Cohen. They were both nonviolent offenders in the federal system who have been allowed to leave prison and serve the remainder of their sentences at home under house arrest. Unlike New Jersey, the federal release is an early release to home confinement as opposed to a furlough where the inmate would need to return to prison at a later date.

Many inmates who are currently in prison have tried to argue that they are entitled to a compassionate release due to the threat of COVID-19. It is the prisoners who are considered a higher health risk who have a greater chance of winning early release from prison. Those with overlapping health conditions have been successful in winning early release in some cases.

The federal release program, as directed by Attorney General Barr, uses the following criteria:

Inmates are at high risk for COVID-19.
They have served more than half of their sentence or have served more than 25% with less than 18 months remaining.
They have not been convicted of a violent crime or a sex crime.

However, in the federal system, the rate of prisoner release has also remained low. Some prisoners have sued to try to win an early release. In at least one case, the Trump administration has intervened in court to try to stop the early release of that prisoner. Nonetheless, inmates are filing cases in federal courts attempting to win their release from prison due to COVID-19.

Inmates or the families of those who are imprisoned or awaiting jail time who are concerned about their risk for COVID-19 should contact Morristown criminal defense lawyer Gregg Wisotsky at (973) 898-0161 to learn more about their legal rights.

Some Anti-Coronavirus Safety Products May Be Defective

June 27, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Items That Supposedly Protect From Coronavirus May Not Work

Unfortunately, the COVID-19 pandemic has inspired many businesses to market defective products with false claims. A brand protection software provider found a 272% growth in listings of fake hygiene-related products on e-commerce marketplaces such as Amazon, eBay and Wish in the first quarter of 2020. Although websites such as Amazon have cracked down on fraud, there are still defective safety products aimed at fighting COVID-19 being sold online.

Reasons Why Products May Be Ineffective or Harmful

There are several reasons why fake or defective products may be available to buy. Amazon has put policies in place, and such items as fake testing kits have been eliminated, but vendors are still selling shoddy products with questionable claims. Some reasons include the following:

Third-party sellers have less oversight.
Restrictions have been lifted.
There is no way to know if the product is effective.
Fake reviews give the impression of legitimacy.

Although they are supposed to meet CDC guidelines, many products found online do not. It is in your favor to be skeptical when buying online.

Some Examples of Coronavirus-Related Defective Products

When shopping through online platforms, be on the lookout for defective products that fall in any of the following categories:

Medical supplies: When it comes to medical supplies, be sure you’re buying new products. Some refurbished or previously opened supplies are marketed as new.
Masks and face shields: Many masks and shields claim to be more effective than they really are. They often fool buyers with fake reviews.
Counterfeit or ineffective sanitizers: Bogus sanitizers may be ineffective at best. Not meeting CDC guidelines is one problem; the fact that consumers think that they are sanitizing may put them at risk without their knowledge.
UV sanitizer lights: Cheap and underpowered UV lights are common. Beware of any product with a price that seems too good to be true.
Vitamins and supplements: Avoid any vitamins that claim to prevent or cure coronavirus.
Informational books and pamphlets: Informational books may just be copied from places online and not provide any new or useful information, so be careful when ordering these items.

When a person purchases a product that they think will protect them and the product then does not, they are putting themselves and others at risk. Your first line of defense against bogus products is your own common sense.

Spot Suspicious Listings

Buying online calls for a bit of detective work. There are questions to ask yourself when reading listings. You should avoid any listings that claim to cure coronavirus. Here are some more tips:

Examine the photos.
Watch where products are shipped from.
Check seller ratings.
Double check the URL of the listing.
Be careful of new sellers.

Some listings, to avoid backlash regarding products from Asia, may say “shipped from the USA” or “based in the USA.” However, this misleads many into thinking the product was made in the U.S. Check the seller rating as well as the product reviews. A poor seller rating is a red flag.

New sellers, especially those who usually sell in other categories, should be avoided when buying anti-coronavirus safety products. It is somewhat suspicious when a vendor that usually sells women’s clothing suddenly sells UV lights or vitamins to protect against COVID-19.

Unfortunately, many businesses do a good job of masking their fraudulent items. The office of Gregg Wisotsky has seen too many unsafe products during the COVID-19 crisis. Your Morristown personal injury lawyer wants you to be aware that some people are selling products to take advantage of the pandemic and make a fast buck. Even reasonable use of a harmful or shoddy product can cause safety issues.

Contact Us to Learn More About Defective Product Lawsuits

If you think you may be the victim of a COVID-19 scam that has affected your health, consider taking legal action. You may be able to recover damages by filing a personal injury lawsuit. Give us a call at (973) 898-0161. We invite you to more about your Morristown personal injury lawyer, Gregg Wisotsky, and our New Jersey offices. Let’s answer your questions and discuss your case.

COVID-19 Fraud Charges

June 10, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Common Types of COVID-19 Fraud

The Department of Justice warns that people around the world are trying to utilize COVID-19 to their advantage to earn money through phone, mail, and email. In many cases, these individuals can find themselves faced with fraud charges, even if they are unaware that they are committing fraud. Following are some examples of common types of fraud seen during the COVID-19 pandemic.

Charity Scams

Charity scams are one of the more common types of fraud happening right now. People have an instinct to want to help in times like this. Some individuals take it upon themselves to set up charities or create crowdfunding pages with the intent of donating collected money to those affected by the pandemic. However, if that money doesn’t go where you promised it would, you could be committing fraud. If the organization you chose to donate to initially closes down, for example, and you pocket the money or take portions of the funds to purchase things for yourself, you could find yourself facing fraud charges.

Unemployment Fraud

During the COVID-19 lockdown, many people have found themselves unemployed while their places of work are shut down. Thus, individuals have turned to seeking unemployment benefits in the meantime in order to pay their bills. Occasionally, however, mistakes can happen during the process that result in overpayment. Your employer could have been keeping poor records, or there could be an error in the paperwork. If you do not return these extra funds, you could be committing fraud, even if the mistake is not your fault. Additionally, unemployment benefits often come with requirements, such as requiring that you actively seek employment or do not turn down work. If you fail to comply with these requirements but still accept unemployment benefits, you could be committing fraud.

Fraudulent Products

Right now, there is no vaccine or recognized treatment for COVID-19. However, you may have been convinced that a certain product works in helping to prevent catching COVID-19. These items might include essential oils, CBD products, herbal pills, or even tests. If you attempt to sell such products with the claim that they cure or prevent COVID-19 and they are not approved by the appropriate government agencies, you could be accused of committing fraud.

Credit Card Fraud

There are several types of credit card fraud that you could be committing without realizing it, especially while money is tight during lockdown. If you apply for a new credit card to help while income is limited, for example, but lie on the application, there’s the potential for a fraud charge. You could also face charges for using someone else’s credit card without permission or using someone’s credit card after they have passed away.

A type of credit card fraud that people may not even consider is using a false credit card number in order to get free trials of products or services. Many people are turning to delivery services, grocery services, and even new streaming services while social distancing at home. Some of these apps and services will ask for a valid credit card number in order to use a free trial. You may have been tempted to use a website that provides fake credit card numbers, but some of these sites may be providing you with stolen credit card numbers.

Additionally, many people are purchasing items online while retail stores are closed, and it can be difficult to remember every single online transaction you might make. Some may notice a charge for a purchase that they don’t remember making and may report it as fraud in order to get the money refunded. This, however, is fraud in itself, typically referred to as chargeback fraud.

Penalties for Fraud

The penalties that a person can face for fraud in New Jersey depend on a number of different factors that are specific to the nature of the fraud committed. Unemployment fraud penalties, for example, depend on the amount of money that was taken – the higher the amount, the stronger the penalties would be.

When it comes to credit card fraud, having someone’s credit card without their consent or using a card that was given to you by mistake could result in jail time of up to 18 months and a fine of up to $10,000. When it comes to charity fraud, the first offense in New Jersey can result in a fine of up to $10,000. However, any subsequent offenses can result in fines of up to $20,000 per offense. Similar penalties can be faced for deceptive advertising of products, such as “miracle cures” for COVID-19.

In addition to the penalties, a criminal conviction can result in other negative effects to a person’s life. It could have negative effects on their employment or future employment, finances, the ability to take out loans, or even the ability to travel outside the country in the future. Thus, it’s important to contact a lawyer if you’ve been charged with fraud to mitigate the penalties you may face.

Defenses Against Fraud Charges

If you find yourself facing fraud charges, a Morristown fraud defense lawyer could help you form a defense against them. There are a few different defenses that a lawyer may pursue, depending on the specifics of your particular case. Some examples of the types of defenses used in fraud cases include:

Lack of intent: In order to be convicted of fraud, it must be proven that a person had the willful intent to deceive another, causing that person to suffer a loss. However, it is possible to commit some types of fraud without the intent to do so. If you accidentally used a stolen credit card number for a free trial or accidentally made a mistake in a credit card application, a lawyer may pursue this defense.
Non-fraudulent statements: Not every statement that is deemed false necessarily qualifies as fraud. Matters of opinion also would not be considered fraudulent.
Lack of evidence: The burden lies on the party that brings the claim against you to prove that you committed fraud. If they lack the evidence to prove that you intentionally defrauded someone, you may not face a conviction.
Consent: In some cases, you may actually have had consent from an individual that you allegedly defrauded. This may happen, for example, if you had permission to use a family member’s credit card when you did so. If you can provide evidence that you indeed had their permission to use their card, then fraud charges against you could be dropped.
Mistaken identity: With the rise in internet crimes, it is a possibility that you yourself could have been the victim of fraud and that another person may have committed fraudulent acts in your name. If you have fallen prey to a phishing scheme or a case of stolen identity, someone else could use this information to defraud others. In such cases, a lawyer could help prove that you had nothing to do with the crime to try and get any charges against you dropped.
Entrapment: In some cases, a government official or the police may compel a person to commit a crime that they normally would not. However, simply being provided the opportunity to commit said crime is often not enough for a defense on its own.

If you have been contacted by law enforcement asking about your activities during COVID-19, you should consult with a Morristown fraud defense lawyer at the Law Office of Gregg A. Wisotsky, Esq. Call us today at (973) 898-0161 to set up your initial consultation. We have offices in New Jersey, New York, and Georgia.

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