“Give thanks not just on Thanksgiving Day, but every day of your life. Appreciate and never take for granted all that you have.” – Catherine Pulsifer
Removing Your Name from a Sex Offender Registration List in New Jersey
There’s a common misperception that all persons required to register as sex offenders have committed sexual assault, molested a minor, or possessed child pornography. That’s not true. You may have been convicted long ago of an offense that’s no longer considered a crime, such as sodomy or oral sex with a consenting partner. You may have been charged with indecent exposure for streaking (perhaps while under the influence of alcohol) or convicted of statutory rape for consensual sex with a teenage girlfriend. The offense that put you on the list may have been one single mistake of youth or bad judgment, but it can haunt you the rest of your life. When sex offender registration was first enacted, there was less public access to the information. Now, your name may be available to just about anyone, including neighbors and potential employers.
Can You Get Your Name Removed from the Sex Offender Registry?
There are steps you can follow to have your name taken off the sex offender list. If the offense is no longer a crime, you may file a petition with the court asking that you be removed.
Even if the crime for which you were convicted is still on the books, you can request removal. However, for your motion to be granted, you must be evaluated by a mental health professional and show the following:
- That 15 years have passed since you were convicted or released from custody (whichever came later);
- That you are unlikely to pose a risk or threat to the safety of others;
- That you’ve not been convicted of another sex offense; and
- That your initial conviction did not constitute aggravated sexual assault.
Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online, or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
Slips-and-falls on Snowy or Icy Sidewalks in New Jersey
The Duties of Owners and Managers of Property
Under the rules of premises liability, as set forth in New Jersey law, the owner of, or person with control over, real property must maintain the premises in a way that minimizes the likelihood of injury to visitors. That duty extends to sidewalks, steps, driveways, parking lots, and other thoroughfares. With winter just around the corner, it’s important to understand the responsibilities of property owners regarding the presence of snowy or icy conditions. What must be done to reduce the risk of injury due to accumulations of ice or snow?
Recovering Damages for a Slip, Trip or Fall Due to Winter Weather Conditions
To successfully pursue compensation after a fall on ice or snow in New Jersey, an injured person must prove that the property owner:
- Was legally required under New Jersey law either to clear away the snow or ice or provide reasonable warning to visitors;
- Had actual knowledge of the risk of injury posed by the accumulation of snow or ice, and failed to take any action; or
- Reasonably should have known of the existence of the dangerous condition due to the accumulation of snow and ice but did not act.
The Duties of Commercial Property Owners
The owner or manager of commercial premises has an affirmative duty to remove ice and snow, provided there is either actual or “constructive” knowledge of the danger posed by the conditions. Constructive knowledge simply means that a reasonable person would have concluded that such a risk existed. In New Jersey, if the court determines that a reasonable person would have foreseen the danger, then actual or constructive knowledge is no longer required. For example, if a specific section of a sidewalk had previously been susceptible to accumulation of snow or ice, a business owner or property manager should reasonably expect (foresee) that it will happen again.
The Duties of Residential Property Owners
As a general rule, a residential property owner has no affirmative duty to remove snow or ice from sidewalks or other structures or warn visitors of potential dangers. In fact, a residential property owner can be liable for injuries only if he or she takes action to make the conditions worse.
Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online, or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
Happy Veterans Day 2019
“We remember those who were called upon to give all a person can give, and we remember those who were prepared to make that sacrifice if it were demanded of them in the line of duty, though it never was. Most of all, we remember the devotion and gallantry with which all of them ennobled their nation as they became champions of a noble cause.” — Ronald Reagan
Theft Crimes in New Jersey—An Overview
In New Jersey, the crime of theft is generally defined as an “unlawful taking” of someone else’s property with the intent to permanently deprive the owner of its use or possession. There are a number of specific offenses that fall under the umbrella of theft crimes, including shoplifting, receiving stolen goods, extortion, and even theft of property delivered by mistake.
The Different Degrees of Theft Offenses in New Jersey
As in other states, the type of charge in New Jersey depends primarily on the value of the property taken:
- Disorderly persons theft crimes—If the value of the goods or services taken does not exceed $200, you will be charged with a disorderly persons offense, similar to “petty theft” in most other states. The penalties for conviction include incarceration for up to six months and a fine of not more than $1,000 or double the amount taken, whichever is higher.
- Crime in the fourth degree—If you took goods or services valued at more than $200, but less than $500, you can be convicted of a crime in the fourth degree. The penalties include up to 18 months jail time and penalties of no more than $10,000.
- Crime in the third degree—The penalties for this offense include a prison term of three tofive years and fines of either $15,000 or double the amount stolen, whichever is higher. New Jersey law specifies certain types of theft offenses as falling under this category:
- Theft of goods or services valued at more than $500, but less than $75,000
- Theft of a controlled dangerous substance (with certain limitations)
- Theft of specific types of property, including motor vehicles, firearms, horses, airplanes, boats and domestic companion animals
- Theft of property directly from a person’s body
- Theft of a prescription blank
- Crime in the second degree—This charge applies to all theft offenses where the value of goods or services is $75,000 or more. It covers all theft of controlled substances not prosecuted as a crime in the third degree, as well as extortion. If convicted of this crime, you can face five to ten years in prison and a fine of $150,000 or twice the amount stolen, whichever is higher.
Contact Gregg A. Wisotsky, Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
Assault and Battery in New Jersey
The Differences between the Two Crimes | Common Defenses
It’s fairly common to hear the term “assault and battery” and assume that it’s a single crime. In New Jersey, as in most states, that’s not accurate. Assault is a separate crime distinguishable from battery, although you can be charged with both for the same incident. In fact, in almost all cases of battery, there is also some degree of assault.
What Is Assault?
In New Jersey, you can be charged with assault without making any physical contact with another person. To constitute assault, your actions must merely put another person in reasonable fear or imminent apprehension of an immediate battery. For example, if you raise your fist with the threat to hit someone, or intentionally drive your car at another person, you can be charged with assault.
What is Battery?
In essence, a battery is a completed assault. A battery requires a touching of some kind. The touching must be non-consensual, and it must be something that a reasonable person would find offensive. A slap, kick, punch or shove qualifies as a touching sufficient to lead to a charge of battery, but so can a kiss or even a hug. The perpetrator does not, however, need to actually touch the victim. For example, if you strike a person with a thrown object, that can be battery.
Common Defenses to Charges of Assault and/or Battery
The law recognizes a number of viable defenses to allegations of assault and battery:
- Self-defense—You may commit an assault and battery if you reasonably believed you were in danger of serious injury or death
- Defense of others—You can also commit an assault and/or battery to prevent injury to another person, but the perceived threat must be real and reasonable
- Consent—If you can show that the victim voluntarily consented to the touching, it’s a valid defense
- Defense of property—This defense is far more limited, only available when someone enters your home without permission.
Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
Car Accidents Caused by Poor Roadway Maintenance
Seeking Compensation under the New Jersey Tort Claims Act
When you’re driving defensively, it’s not just other drivers that can pose a risk. Roadway hazards, such as potholes, loose gravel, uneven pavement or poor drainage, can lead to loss of control and cause an accident. A roadway may be poorly designed, with a blind corner or a tight curve without proper banking.
Typically, when you suffer an injury because of the negligence or carelessness of another person, it’s a pretty straightforward process to bring a personal injury lawsuit to recover damages. However, when the at-fault party is a state or municipal employee or agency, the process is much more complicated. In those instances, you will have to follow the process established by the New Jersey Tort Claims Act.
Poorly Maintained Roads
Inadequate road maintenance is a fairly common cause of motor vehicle accidents. Some examples of the failure to keep roads in proper condition include:
- Gravel or oil on the road
- Potholes
- Construction debris or equipment on the road, including cones, dirt piles and machines
- Branches, trees or other foliage on the road
- Malfunctioning or defective street signs or lights
Filing a Claim under the New Jersey Tort Claims Act
The New Jersey Tort Claims Act preserves a legal concept known as “sovereign immunity.” Under that legal principle, a governmental body is generally exempt from legal action. There are, however, some exceptions, which give private citizens the right to file a claim against the government. Public entities are responsible for injuries caused by a municipal employee if “within the scope of his employment in the same manner and to the same extent as a private individual under like circumstances.” That allows a private citizen to file a claim for losses suffered:
- In a motor vehicle accident caused by a government employee who was on the job at the time of the crash
- As a result of a dangerous property condition on state or municipal property, provided that appropriate government official were notified of the condition and did not remedy it
Contact Gregg A. Wisotsky, Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
The New Jersey Tort Claims Act—The Basics
Your Right to File a Personal Injury Claim against the Government
In most instances, when you have been hurt in an accident because of the wrongful conduct of another party, it’s a relatively uncomplicated process to initiate and pursue legal action to recover damages. When the at-fault party is a government employee or agency, though, things are often not so simple.
In New Jersey, to bring legal action against the state or a local governmental worker or entity, you must follow the specific requirements of the New Jersey Tort Claims Act (NJTCA). When you file a claim under the NJTCA, you need to include the following information:
- Your name and address
- The date, location and any "other circumstances of the occurrence" that gave rise to the claim
- A general description of your losses, injuries and property damage
- The name(s) of the municipal or state employees who caused the loss or injury
- A statement of the amount of your losses
Note that you can recover compensation for pain and suffering, but you must show a “permanent loss of bodily function” or permanent dismemberment or disfigurement, with a minimum of $3,600 in medical expenses. It’s also important to understand that any damages covered by insurance will not be available in a claim under the NJTCA.
Unlike other types of personal injury claims, an action under the NJTCA must be filed within 90 days of the date of the accident. The state may then take up to 90 days to respond to your claim. A court may, upon request, grant an extension of the time to file for up to 12 months.
Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
The Types of Injuries Commonly Suffered in Rear-End Collisions
What You Can Expect When Hit from Behind
According to the National Highway Traffic Safety Administration (NHTSA), about four of every ten motor vehicle accident in the United States are rear-end collisions. The causes are many, from distracted driving to excessive speed, tailgating and failure to consider adverse weather conditions.
The Types of Injuries Frequently Associated with Rear-End Collisions
In nearly every rear-end collision, one or more of the passengers in the front car sustain a whiplash injury. Whiplash involves a violent snapping back and forth of your head (much like the action of a whip), pushing your head and neck beyond your normal range of motion. You can expect strains, sprains and muscle pulls in your neck and may also incur damage to your discs. Your discs provide a cushion between the vertebrae that compose your spinal column and that carry many of the nerve bundles that affect your motor skills. Discs may be herniated or ruptured, impinging on nerves and causing pain, inflammation and stiffness. You can also suffer damage to other connective tissue, such as ligaments and tendons, as a result of whiplash.
Because they tend to happen at relatively slow speeds, rear-end crashes don’t typical trigger the deployment of an airbag. That usually requires that the vehicle be traveling about 20 mile per hour or more. Nonetheless, the impact may be sufficient to slam your head or face into the steering wheel, the dashboard or the windshield. If the airbag does deploy, though, you can sustain fairly serious injury.
Contact Gregg A. Wisotsky, Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
When You Have Been Injured by a Drunk Driver
Seeking Compensation for Your Losses
In the aftermath of a motor vehicle accident, recovering full and fair compensation for all your losses can be challenging, particularly if the at-fault driver was impaired or under the influence of alcohol at the time of the crash. The reality is that many drunk drivers are repeat offenders. As such, they may be underinsured or even driving without insurance. What are your options when you can’t pursue adequate damages from the at-fault party?
File an Uninsured or Underinsured Motorists Claim
In New Jersey, by law, all drivers are required to have a minimum amount of UM/UIM (uninsured/underinsured) coverage. If you’ve been injured in a car accident and the other driver either has no insurance or only has coverage for property damage, ask your insurance provider to file an uninsured/underinsured claim on your behalf. In most instances, you’ll want representation from an experienced attorney. Remember, your insurance company is still a for-profit entity, with an incentive to pay as little as possible to settle your claim.
Take Legal Action against Other Potentially Responsible Parties
In a personal injury lawsuit, you can seek damages from anyone who failed to act reasonably and who caused your injury, in part or in whole. That can often involve potential liability on behalf of parties other than the at-fault driver:
- The person or establishment serving the alcohol — When your injuries are caused by a drunk driver, you may have legal action against the person or business that served or sold the alcohol. Typically, you must show that the at-fault driver was visibly intoxicated when served or was served a quantity that would reasonably lead to impairment.
- The party responsible for maintaining the roadways — If the accident was caused by a condition or defect in the road—loose gravel, potholes, uneven surfaces or water/ice on the road—you may have an action against the municipality that should have maintained it.
- A product liability claim for a defective component or design — If your accident was caused by the malfunction or breakdown of a vehicle of part, you may be able to recover damages against the designer, manufacturer, distributor or retailer.
Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
- « Previous Page
- 1
- …
- 8
- 9
- 10
- 11
- 12
- …
- 23
- Next Page »
