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Possession of a Controlled Substance Under New Jersey Law

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Possession of Controlled Substances in New Jersey

If you have been arrested for drug possession in New Jersey, it’s important to understand how the state treats possession of a controlled dangerous substance (CDS). New Jersey takes a somewhat different approach than other jurisdictions, establishing five “schedules” that categorize the different types of illegal drugs.

The New Jersey CDS Classification Scheme

The classification system categorizes CDSs based on two factors their likelihood of being abused ‒ and addictive and whether they have any recognized medical value. The quantity of a drug within a formulation is also of concern. Schedule I includes those substances that are considered most dangerous substances that are most likely to lead to addiction and that have little or no recognized ‒ medical value. Schedules II through V reflect decreasing likelihood of addiction and/or increasing medical value:

  • Schedule I—This includes what are typically referred to as “hard drugs,” such as heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, peyote, heroin, psilocybin and many others.
  • Schedule II—These CDSs have the potential to be highly addictive but have more medicinal value than Schedule I drugs. Schedule II includes methadone, methamphetamines, Percocet, fentanyl, morphine, codeine, hydrocodone (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl and similar substances.
  • Schedule III—These drugs have accepted medical value and less risk of addiction. Schedule III includes anabolic steroids, testosterone, ketamine, buprenorphine/naloxone (Suboxone), amphetamines and similar drugs.
  • Schedule IV—Schedule IV substances have a low risk of abuse and addiction and have medical value. They are mostly drugs that can lead to psychic dependence, such as diazepam (Valium), alprazolam (Xanax), zolpidem (Ambien), clonazepam and others.
  • Schedule V—These drugs have a very low likelihood of addiction and are often sold over the counter for medical purposes. Schedule V CDSs include drugs with a limited concentration of opium, codeine, or dihydrocodeine and other, similar pharmaceutical products.

The penalties for illegal possession differ based on the type of offense and the amount in possession. For any offense involving a Schedule I-IV CDS, the maximum penalty is $35,000 in fines and five years in prison, or both. For a Schedule V crime, you can get up to 18 months in prison and incur a fine of up to $15,000.

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

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

Liability for Supermarket and Mall Injury Claims in New Jersey

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Liability for Supermarket and Mall Injury Claims in New Jersey

In New Jersey, as in other states, owners of commercial property have a duty to reasonably monitor and maintain commercial premises in ways that minimize the risk of injury to anyone legally on the property. That duty extends to entities that maintain control over the premises, such as commercial tenants in malls and supermarkets.

Under the law, any party that exercises control over real property must reasonably monitor the premises the duty is not absolute. In addition, the action required need only be reasonable. ‒ There’s no requirement that the safety of legal visitors be guaranteed. However, if an owner, landlord or tenant knows (or reasonably should know) of a dangerous condition, there are three permissible responses:

  • Remedy the situation so that it no longer poses a risk of injury
  • Provide reasonable warning of the risk of injury associated with the dangerous or defective property condition
  • Close off access to the part of the property with the dangerous or defective condition

A New Jersey Supreme Court ruling has extended potential liability beyond the borders of a defendant’s property. In a case involving Wal-Mart, the retail giant was sued by an independent contractor who fell on loose gravel on the property next to Wal-Mart, but who was under contract with Wal-Mart at the time of the accident. The worker suffered the injury on adjacent property but was on the adjacent property only because he had to leave Wal-Mart property to do his job.

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

At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Can You File a Wrongful Death Claim?

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Can You File a Wrongful Death Claim?When a loved one dies because of the carelessness or negligence of another person, it can have devastating emotional and financial consequences. No amount of money can bring your loved one back, but you may be entitled to compensation for your losses. But can anyone who has experienced emotional trauma because of the wrongful death of another person seek damages in a court of law? If not, what are the requirements to qualify to file a wrongful death action?

In New Jersey, as in many states, a person must be considered a “real party in interest” in order to recover compensation for the accidental or wrongful death of another person. A real party in interest is further defined under state law to include only those who were either actually financially dependent on the deceased at the time of death or would have been entitled to an inheritance under state law.

As a general rule, a wrongful death action in New Jersey is filed by the executor or administrator of the estate on behalf of surviving family members. The individuals who qualify as plaintiffs in a wrongful death action include:

  • A surviving spouse
  • Surviving children or grandchildren
  • Surviving parents
  • Surviving siblings, nephews and nieces
  • Anyone who can show actual financial dependence on the deceased

The law also establishes a hierarchy of claims. If there are surviving children and a surviving spouse, they have a right to sue. However, parents may only bring legal action if there is no surviving spouse and there are no surviving children. Nieces, nephews and siblings may only seek compensation if there were no surviving parents.

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

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

Expert Testimony in a Truck Accident Claim

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Passenger car crashed into a truck.

A commercial truck accident can be one of the most complex legal claims to successfully litigate, as the causes can be varied and difficult to establish, and the damages are almost always catastrophic. As a consequence, in a truck accident lawsuit, it’s often essential that you bring in expert witnesses to help present a clear and compelling case for your full financial recovery. Here are some expert witnesses typically called to provide testimony in a large commercial truck accident claim:

  • Accident reconstruction specialist — An accident reconstruction specialist, typically an engineer, will visit the scene and attempt to reconstruct exactly what happened, based on the evidence gathered. This expert will look at skid marks, gouges in the roadway, damage to vehicles and the surrounding area in an effort to determine speed, location, braking and other evasive measures.
  • Medical expert — The medical expert will look at what happened in the crash, as well as all medical records and testimony, and will identify all short-term and long-term medical consequences of the crash, in addition to all medical care that will be required.
  • Economics expert — The economics expert will seek to identify all monetary losses resulting from the accident, including both actual losses and projected losses, such as future income or medical expenses.
  • Human factors expert — Because a principal cause of truck accidents is driver fatigue, it’s important to have an expert who can testify about what happens physiologically to a person when there is sleep deprivation or inadequate rest. That’s the role of the human factors expert.
  • Mechanical expert — The mechanical expert will conduct a thorough examination of the truck, as well as the vehicle’s inspection log, looking for anything that was not in compliance with safety regulations.

Contact Us

At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

The Different Types of Expert Witnesses in a Car Accident Claim

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The Different Types of Expert Witnesses in a Car Accident Claim

When another driver runs a stop sign or otherwise acts carelessly and you suffer an injury as a result, it can often seem like an open and shut case. But in most instances, it’s critical to the success of your claim that you bring in expert witnesses. Here are some of the expert witnesses who can be instrumental in conveying all the necessary information to a judge and jury.

Accident Reconstruction Specialists

An accident reconstruction specialist, usually an engineer, will typically visit the scene of the crash, looking for evidence that allows him or her to determine exactly how the accident happened. This expert will measure skid marks, look for gouges or abnormalities in the pavement or roadway and examine the damage done to both vehicles. In many instances, this expert can then prepare a graphic or even an animation that shows the jury what happened.

Medical Expert

The medical expert will review all medical records and typically conduct a medical examination, identifying all the injuries sustained because of the crash. This expert will testify regarding both the injuries already suffered and the short- and long-term consequences of those injuries. He or she will tell the judge and jury what medical issues you can expect to experience in the future, as well as what types of medical treatment will be necessary, and for how long.

Financial or Economics Expert

This expert will help the judge and jury understand the full financial impact of the accident on you. The economics expert will calculate lost wages, unreimbursed medical expenses, the value of any pain and suffering, loss of companionship or consortium, property damage and any other costs incurred as a result of the accident.

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

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

Common Cause of Construction-Related Injuries

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Construction Site Injuries

It’s common knowledge that working in residential or commercial construction is one of the most dangerous occupations in the country. Here are some of the most common causes of constructionsite injuries:

  • Falling objects — Whether it’s a high rise or a single-family home, there’s always a risk of injury from falling tools, equipment, building materials or refuse.
  • Falls from heights — These types of injuries can happen in a variety of ways. A contractor or subcontractor may fail to put proper guardrails on upper levels or may leave sections uncovered without protective barriers. Ladders or scaffolding may be incorrectly assembled or may be defective. Construction elevators or lifts may not have appropriate safety mechanisms. Workers may be pushed to perform dangerous jobs without harnesses or other requisite safety devices.
  • Dangerous or defective products — Construction projects involve the use of power tools, heavy equipment and other types of machinery. If these items are not properly designed, are used in ways not intended by the manufacturer or are poorly made, construction workers can be at risk of serious injury.
  • Negligent hiring, training or supervision of employees — Often, in the rush to complete projects, contractors hire workers without fully investigating or confirming their qualifications. As a result, they can hire people without the necessary skills to operate dangerous construction equipment. It’s not unusual, either, for a contractor to allow workers to perform their job without direct supervision and without any concern for safety measures.
  • Construction-site motor vehicle accidents — Construction sites are often a beehive of activity, with trucks and other vehicles moving in and out. Because there are seldom any designated roads, let alone traffic signs or signals, it’s not unusual for collisions to occur.

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

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

Protecting Your Rights After a Truck Accident

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Truck-Accident

When you’ve been hurt in a collision involving a commercial truck, even if the vehicles were traveling at a slow speed, the potential for serious injury can be significant. Because the causes of a truck accident can be so varied, there’s a lot more that needs to be done in the immediate aftermath of a truck wreck.

Get the Treatment You Need

Your health is your foremost concern after a truck accident for several reasons. First, the sooner ‒ you get the right treatment, the better is the chance that you’ll achieve maximum recovery and that your medical condition won’t worsen. In addition, the longer you take to get treatment, the greater is the risk that defense counsel will argue that either your injuries are not as serious as you claim, or they were caused by a subsequent, intervening accident.

Gather Information and Evidence

As with any motor vehicle accident, you’ll want to get witness statements, as well as photographs of all relevant evidence, from damage to vehicles to injuries to weather conditions to roadway defects. In addition, though, there are records and other evidence unique to a commercial truck accident. You’ll want to obtain:

  • Copies of the driver’s log, showing how much time the driver spent on the road and when the driver took breaks in the hours before the accident — a common cause of truck accidents is driver fatigue
  • Copies of the truck’s maintenance log to determine whether routine and necessary maintenance was performed
  • Access to the information on the truck’s on-board data recorders (black box), providing information on steering, speed, braking and other driving information before and at the time of the crash
  • Weigh station records to ascertain whether the truck was overloaded
  • Cellphone records from the moments before the crash

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

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

Rise in Highway Death Toll Tied to Cheap Gas

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Rise in Highway Death Toll Tied to Cheap Gas

Motor vehicle safety advocates say that 2015 saw the largest increase in highway traffic fatalities in 50 years. The reason, they say, is the availability of cheap gas throughout the year.

Authorities at the National Highway Traffic Safety Administration (NHTSA) have long known that there’s a direct correlation between the price of gas and the number of deaths on the nation’s roadways. Officials say its simple mathematics. When gas prices go down, people have an increased incentive to drive and will change their driving habits. Many families will choose to drive while on vacation, rather than fly, and people will be more inclined to go out for entertainment — to a movie, show, game or just to dinner.

If the accident rate remains the same — it’s been essentially the same for the past few decades — then more people spending more time on the road will necessarily lead to more accidents, injuries and fatalities. In a study conducted at South Dakota State University, researchers found that statistics corroborated the relationship between the price of gas and the volume of traffic accidents. Professor Guangqing Chi, looking at data from the NHTSA from the past 20 years, estimated that, if gas prices stayed at or below $2 for the whole year, the death toll would increase by as many as 9,000 people. Though the numbers were not that high, they were significant. NHTSA reports show that more than 35,000 people were killed in motor vehicle accidents in 2015, up more than 5,000 from the prior year, a climb of approximately 17%.

Oh, and there’s even worse news for younger drivers. Authorities say that teenagers are likely to make up the largest percentage of increase in injuries and fatalities, as the reduced cost of gas more directly affects them. Adults with jobs and other responsibilities are less likely to change their driving habits simply because gas prices go down.

Contact Our Office

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Slips and Falls on Snow and Ice in New Jersey

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Slips and Falls on Snow and Ice in New Jersey

If you live in New Jersey, ice and snow are a part of your life in the winter months. A fresh snowfall can be a beautiful sight, a winter wonderland, but it can also pose a significant risk. Far too many people suffer needless injury in New Jersey winters when property owners fail to take reasonable steps to remove snow and ice from sidewalks, steps and parking lots.

Under New Jersey law, the owner of real property has a duty to monitor and maintain the premises in such way that it minimizes the risk of injury to anyone legally on the property. That duty can also extend to anyone who exercises control over the property, such as a property manager, landlord or tenant. It’s not an absolute duty — the exercise of care must only be reasonable.

When it comes to snow and ice on residential or commercial property in New Jersey, there are generally different standards based on the type of property. With a single-family private residence, there’s typically no duty to remove snow or ice or to warn about any risks associated with snow, ice or freezing rain. Why? Because most people don’t enter single family residential property for commercial purposes or to engage in activity that will provide a financial benefit to the homeowner. However, if the homeowner runs a business out of the home or if the homeowner takes action that makes the condition worse (pouring hot water on icy steps, for example), there can be liability.

With commercial property, you must typically show that the property owner either knew or should have known of the potential risk of injury due to ice, snow or other winter weather conditions and that the property owner failed to take reasonable steps to remedy the problem or warn potential visitors. There is an exception to this rule — if the nature of the business was such that the dangerous condition was reasonably foreseeable, there is no requirement that the property owner have actual notice of the risk.

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

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

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