Penalties for Leaving the Scene of an Accident New Jersey 39:4-129 vs. Failure to Report an Accident NJ 39:4-130
The penalties for NJSA 39:4-129, commonly referred to as “Leaving the Scene of an Accident” or a “hit and run” can be very serious in an New Jersey Court. This offense can lead to high fines, mandatory loss of license, points on your license and even incarceration. This potentially harsh treatment is the result of the basis of the offense is the same when, for instance, a parked car is hit vs. an actual person. Often this ticket is issued along with NJSA 39:4-130, commonly referred to as “Failure to Report an Accident.” This offense has its own set of consequences. Failure to report has lower minimum penalties than Leaving the Scene. The full statutes for both are listed below. To learn more about these differences and what our firm can do for you, feel free to call 201-598-5019 or email me at coreymorano@gmail.com today for a free consultation and learn if I can help you keep your license intact. I have personally represented countless drivers on these offenses in courts all over the state.
NJSA 39:4-129 (commonly referred to as “Leaving the Scene of an Accident” or “Hit and Run”)
39:4-129 Action in case of accident.
39:4-129. (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the
vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.
In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.
(b) The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.
In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.
(c) The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operator’s license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.
In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.
(d) The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.
(e) The driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property shall be presumed to have knowledge that he was involved in such accident, and such presumption shall be rebuttable in nature.
For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.
Amended 1940, c.147; 1967, c.189, s.1; 1977, c.407; 1978, c.180; 1979, c.463, s.1; 1994, c.183, s.1; 2003, c.55, s.1.
NJSA 39:4-130. (Commonly referred to as “Failure to Report”)
39:4-130. Immediate notice of accident; written report
39:4-130. The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the division on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the director to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances. The director may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous. The division may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the division, the original report is insufficient. The reports shall be without prejudice, shall be for the information of the division, and shall not be open to public inspection. The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.
Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made said notice or report not made by the driver.
Whenever the driver is physically incapable of making a written report of an accident as required by this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver.
A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the division pursuant to R.S.39:4-131.
Any person who knowingly violates this section shall be fined not less than $30 or more than $100.
The director may revoke or suspend the operator’s license privilege and registration privilege of a person who violates this section.
For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.
Amended 1951,c.23,s.72; 1953,c.187; 1967,c.189,s.2; 1983,c.193,s.1; 1994,c.183,s.2.
Free to call 201-598-5019 or email me at coreymorano@gmail.com today for a free consultation and learn if I can help you keep your license intact.
Understanding Your Rights with a Drug Arrest. Conditional Discharge in NJ Section 36 (2C:36A-1).
If you are a first time offender in New Jersey you need to understand your rights. You may be eligible for what is called a “conditional discharge.”
This is an excellent option for your lawyer to look into in your case. The statute may allow you to enter into a diversionary program specifically developed for first-time offenders in minor drug offenses. The court will hold your records while you enter into a probationary period. If you complete the program, pay the necessary fines your charges will be discharged by the court. Below is the entire statue, but if you are interested in pursuing this option please feel free to contact Corey Morano, Esq. of The Morano Law Firm, LLC at 201-598-5019 or email coreymorano@gmail.com today.
2C:36A-1. Conditional discharge for certain first offenses; expunging of records. a. Whenever any person who has not previously been convicted of any offense under section 20 of P.L.1970, c.226 (C.24:21-20), or a disorderly persons or petty disorderly persons offense defined in chapter 35 or 36 of this title or, subsequent to the effective date of this title, under any law of the United States, this State or any other state relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, is charged with or convicted of any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of this title, the court upon notice to the prosecutor and subject to subsection c. of this section, may on motion of the defendant or the court:
(1)Suspend further proceedings and with the consent of the person after reference to the State Bureau of Identification criminal history record information files, place him under supervisory treatment upon such reasonable terms and conditions as it may require; or
(2)After plea of guilty or finding of guilty, and without entering a judgment of conviction, and with the consent of the person after proper reference to the State Bureau of Identification criminal history record information files, place him on supervisory treatment upon reasonable terms and conditions as it may require, or as otherwise provided by law.
b.In no event shall the court require as a term or condition of supervisory treatment under this section, referral to any residential treatment
rugfacility for a period exceeding the maximum period of confinement prescribed by law for the offense for which the individual has been charged or convicted, nor shall any term of supervisory treatment imposed under this subsection exceed a period of three years. If a person is placed under supervisory treatment under this section after a plea of guilty or finding of guilt, the court as a term and condition of supervisory treatment shall suspend the person’s driving privileges for a period to be fixed by the court at not less than six months or more than two years unless the court finds compelling circumstances warranting an exception. For the purposes of this subsection, compelling circumstances warranting an exception exist if the suspension of the person’s driving privileges will result in extreme hardship and alternative means of transportation are not available. In the case of a person who at the time of placement under supervisory treatment under this section is less than 17 years of age, the period of suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the person is placed on supervisory treatment and shall run for a period as fixed by the court of not less than six months or more than two years after the day the person reaches the age of 17 years.
If the driving privilege of a person is under revocation, suspension, or postponement for a violation of this title or Title 39 of the Revised Statutes at the time of the person’s placement on supervisory treatment under this section, the revocation, suspension or postponement period imposed herein shall commence as of the date of the termination of the existing revocation, suspension or postponement. The court which places a person on supervisory treatment under this section shall collect and forward the person’s driver’s license to the New Jersey Motor Vehicle Commission and file an appropriate report with the commission in accordance with the procedure set forth in N.J.S.2C:35-16. The court shall also inform the person of the penalties for operating a motor vehicle during the period of license suspension or postponement as required in N.J.S.2C:35-16.
Upon violation of a term or condition of supervisory treatment the court may enter a judgment of conviction and proceed as otherwise provided, or where there has been no plea of guilty or finding of guilty, resume proceedings. Upon fulfillment of the terms and conditions of supervisory treatment the court shall terminate the supervisory treatment and dismiss the proceedings against him. Termination of supervisory treatment and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a crime or disorderly persons offense but shall be reported by the clerk of the court to the State Bureau of Identification criminal history record information files. Termination of supervisory treatment and dismissal under this section may occur only once with respect to any person. Imposition of supervisory treatment under this section shall not be deemed a conviction for the purposes of determining whether a second or subsequent offense has occurred under section 29 of P.L.1970, c.226 (C.24:21-29), chapter 35 or 36 of this title or any law of this State.
c.Proceedings under this section shall not be available to any defendant unless the court in its discretion concludes that:
(1)The defendant’s continued presence in the community, or in a civil treatment center or program, will not pose a danger to the community; or
(2)That the terms and conditions of supervisory treatment will be adequate to protect the public and will benefit the defendant by serving to correct any dependence on or use of controlled substances which he may manifest; and
(3)The person has not previously received supervisory treatment under section 27 of P.L.1970, c.226 (C.24:21-27), N.J.S.2C:43-12, or the provisions of this chapter.
d.A person seeking conditional discharge pursuant to this section shall pay to the court a fee of $75. The court shall forward all money collected under this subsection to the treasurer of the county in which the court is located. This money shall be used to defray the cost of juror compensation within that county. A person may apply for a waiver of this fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey. Of the moneys collected under this subsection, $30 of each fee shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275. After December 31, 1994, the $75 fee shall be paid to the court, for use by the State.
L. 1987, c.106, s.3; amended 1988, c.44, s.12; 1993, c.275, s.14; 2008, c.84, s.1.
If you or anyone you know needs information about a recent drug arrest in New Jersey contact Corey Morano, Esq. of The Morano Law Firm, LLC at 201-598-5019 or email coreymorano@gmail.com today for a free consultation.
What is a Pre-Indictment Conference in New Jersey Criminal Court?
Have you or someone you know been arrested or charged with a New Jersey crime and are scheduled for a pre-indictment conference? For a free consultation please do not hesitate to call Corey P. Morano, Esq. at 201-598-5019 or email me at newjerseylawyernow@gmail.com.
After and arrest on an indictable offense and sometimes before your first court appearance, the prosecutor’s office in each county determines whether to pursue a criminal complaint through a
grand jury indictment. Prosecutors determine if cases have merit and sufficient evidence to pursue a conviction. In most counties, the prosecutor’s Case Screening Unit reviews police reports and interviews victims and witnesses to determine if the original charges will be prosecuted. If there is insufficient evidence, the charges are downgraded to disorderly persons offenses and “remanded” or sent to the municipal courts for a hearing or dismissed. In some counties, prosecutors pre-screen potential Superior Court filings before a complaint is signed.
In these cases they might schedule the Defendant for a Pre-Indictment conference, also called a pre-disposition conference, or even a “PIC.” Often this is an opportunity to make a quick deal on a potentially serious crime. Generally you take your chances in a hearing of this kind. If a plea bargain can’t be worked out in the conference, your case will be thrown back on the pile. From there you might find yourself indicted and facing a more serious dilemma, or downgraded back to municipal court.
Navigating a pre-indctment conference or a first appearance intake can be a stressful and confusing situation for anyway. If you are facing a criminal charge of any type, please feel free to give my office a call at 201-598-5019 for a free consultation now!
New Jersey Careless Driving Ticket vs. Reckless Driving Ticket: Understanding the Difference Between 39:4-96 and 39:4-97
In addition to adding points to your license, Reckless Driving and Careless Driving Tickets can drive up your insurance premiums. Call me at 201-598-5019 or email me directly at newjerseylawyernow@gmail.com for a free consultation and learn how to stay at 0 points.
The most important difference between Reckless Driving and Careless Driving in New Jersey is that a conviction for Careless Driving will earn you 2 points on your New Jersey Driver’s License and a conviction for Reckless Driving will earn you 5 points on your New Jersey Driver’s License. Below you can read more about the legal definition of both.
39:4-96. Reckless driving; punishment
39:4-96. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.
On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.
Amended 1955,c.220,s.1; 1982,c.45,s.3; 1995,c.70,s.2.
39:4-97. Careless driving
39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
Amended 1951,c.23,s.54; 1955,c.220,s.2; 1995,c.70,s.3.
In addition to adding points to your license, Reckless Driving and Careless Driving Tickets can drive up your insurance premiums. Call me at 201-598-5019 or email me directly at newjerseylawyernow@gmail.com for a free consultation and learn how to stay at 0points.
How to Expunge New Jersey Criminal Records with the New Jersey Expungement Statute.
Interested in getting your record expunged? Call Corey P. Morano, Esq. at 201-598-5019 at The Morano Law Firm, LLC or email us at newjerseylawyernow@gmail.com and we can set up a free consultation to clear your record today!
Here is the current New Jersey Expungement Statute in its entirety:
2C:52-1. Definition of expungement
a. Except as otherwise provided in this chapter, expungement shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.
b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records.
L.1979, c. 178, s. 108, eff. Sept. 1, 1979.
2C:52-2. Indictable offenses
a. In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.
Notwithstanding the provisions of the preceding paragraph, on motion of the petitioner, the court shall allow a petition to be filed and presented, and the court may grant an expungement pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds:
(1) less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with
any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
(2) at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant’s character and conduct since conviction.
In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person’s age at the time of the offense, the person’s financial condition and other relevant circumstances regarding the person’s ability to pay.
Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.
b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.
Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); section 2C:24:4b.(5)(a) (Selling or manufacturing child pornography); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing); section 2C:34-1b.(4) (Knowingly promoting the prostitution of the actor’s child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.
Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.
c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:
(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;
(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or
(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner’s character and conduct since conviction.
d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto. Amended 1989,c.300,s.23; 1993,c.301; 1994,c.133,s.6. As reported by the Assembly Judiciary Committee on January 28, 2008, with amendments.
2C:52-3. Disorderly persons offenses and petty disorderly persons offenses
Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.
L.1979, c. 178, s. 110, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 43, eff. Sept. 24, 1981.
2C:52-4. Ordinances
In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the violation occurred praying that such conviction and all records and information pertaining thereto be expunged.L.1979, c. 178, s. 111, eff. Sept. 1, 1979.
2C:52-4.1. Juvenile delinquent; expungement of adjudications and charges a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:
(1) Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;
(2) Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or
(3) Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.
For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.
b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:
(1) Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;
(2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;
(3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;
(4) He has never had an adult conviction expunged; and
(5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.
c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6. (cf: P.L.1981, c.290, s.44)
2C:52-5. Expungement of records of young drug offenders
Expungement of Records of Young Drug Offenders. Notwithstanding the provisions of sections 2C:52-2 and 2C:52-3, after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L. 1955, c. 277, s. 3 (C. 2A:170-77.5), or convicted of violating P.L. 1962, c. 113, s. 1 (C. 2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person’s conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L. 1955, c. 277, s. 3 (C. 2A:170-77.5) or of P.L. 1962, c. 113, s. 1 (C. 2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program. This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except: (1) Marihuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or (2) Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less. L. 1979, c. 178, s. 111; amended by L. 1987, c. 106, s. 16.
2C:52-6. Arrests not resulting in conviction
a. In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged.
b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, s. 27 (C. 24:21-27) or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.
c. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged. L.1979, c. 178, s. 113, eff. Sept. 1, 1979.
2C:52-7. Petition for expungement
Every petition for expungement filed pursuant to this chapter shall be verified and include: a. Petitioner’s date of birth. b. Petitioner’s date of arrest. c. The statute or statutes and offense or offenses for which petitioner was arrested and of which petitioner was convicted. d. The original indictment, summons or complaint number. e. Petitioner’s date of conviction, or date of disposition of the matter if no conviction resulted. f. The court’s disposition of the matter and the punishment imposed, if any.L.1979, c. 178, s. 114, eff. Sept. 1, 1979.
2C:52-8. Statements to accompany petition
There shall be attached to a petition for expungement: a. A statement with the affidavit or verification that there are no disorderly persons, petty disorderly persons or criminal charges pending against the petitioner at the time of filing of the petition for expungement. b. In those instances where the petitioner is seeking the expungement of a criminal conviction, a statement with affidavit or verification that he has never been granted expungement, sealing or similar relief regarding a criminal conviction by any court in this State or other state or by any Federal court. “Sealing” refers to the relief previously granted pursuant to P.L.1973, c. 191 (C. 2A:85-15 et seq.).c. In those instances where a person has received a dismissal of a criminal charge because of acceptance into a supervisory treatment or any other diversion program, a statement with affidavit or verification setting forth the nature of the original charge, the court of disposition and date of disposition.L.1979, c. 178, s. 115, eff. Sept. 1, 1979.
2C:52-9. Order fixing time for hearing
Upon the filing of a petition for relief pursuant to this chapter, the court shall, by order, fix a time not less than 35 nor more than 60 days thereafter for hearing of the matter.L.1979, c. 178, s. 116, eff. Sept. 1, 1979.
2C:52-10. Service of petition and documents
A copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon the Superintendent of State Police; the Attorney General; the county prosecutor of the county wherein the court is located; the chief of police or other executive head of the police department of the municipality wherein the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual; the superintendent or warden of any institution in which the petitioner was confined; and, if a disposition was made by a municipal court, upon the magistrate of that court. Service shall be made within 5 days from the date of the order setting the date for the hearing upon the matter.
2C:52-11. Order expungement where no objection prior to hearing
If, prior to the hearing, there is no objection from those law enforcement agencies notified or from those offices or agencies which are required to be served under 2C:52-10, and no reason, as provided in section 2C:52-14, appears to the contrary, the court may, without a hearing, grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge records of said disposition including evidence of arrest, detention, conviction and proceedings related thereto.L.1979, c. 178, s. 118, eff. Sept. 1, 1979.
2C:52-12. Denial of relief although no objection entered
In the event that none of the persons or agencies required to be noticed under 2C:52-10 has entered any objection to the relief being sought, the court may nevertheless deny the relief sought if it concludes that petitioner is not entitled to relief for the reasons provided in section 2C:52-14.L.1979, c. 178, s. 119, eff. Sept. 1, 1979.
2C:52-13. When hearing on petition for expungement shall not be held
No petition for relief made pursuant to this section shall be heard by any court if the petitioner, at the time of filing or date of hearing, has a charge or charges pending against him which allege the commission of a crime, disorderly persons offense or petty disorderly persons offense. Such petition shall not be heard until such times as all pending criminal and or disorderly persons charges are adjudicated to finality.L.1979, c. 178, s. 120, eff. Sept. 1, 1979.
2C:52-14. Grounds for denial of relief 2C:52-14.
A petition for expungement filed pursuant to this chapter shall be denied when:
a. Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief.
b. The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter. An application may be denied under this subsection only following objection of a party given notice pursuant to 2C:52-10 and the burden of asserting such grounds shall be on the objector, except that in regard to expungement sought for third or fourth degree drug offenses pursuant to paragraph (3) of subsection c. of N.J.S.2C:52-2, the court shall consider whether this factor applies regardless of whether any party objects on this basis.
c. In connection with a petition under section 2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged.
d. The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body.
e. A person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition. This provision shall not apply:
(1) When the person is seeking the expungement of a municipal ordinance violation or,
(2) When the person is seeking the expungement of records pursuant to section 2C:52-6.
f. The person seeking the relief of expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense has prior to or subsequent to said conviction been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversion program.
4. This act shall take effect on the 60th day after enactment.
2C:52-15. Records to be removed; control
If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the agencies which have been noticed of the pendency of petitioner’s motion and which are, by the provisions of this chapter, entitled to notice, and shall be placed in the control of a person who has been designated by the head of each such agency which, at the time of the hearing, possesses said records. That designated person shall, except as otherwise provided in this chapter, insure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all noticed officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information.L.1979, c. 178, s. 122, eff. Sept. 1, 1979.
2C:52-16. Expunged record including names of persons other than petitioner
Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an order of expungement which includes the name or names of persons other than that of the petitioner need not be isolated from the general files of the agency retaining same if the other persons named in said record or file have not been granted an order of expungement of said record, provided that a copy of the record shall be given to the person designated in 2C:52-15 and the original shall remain in the agency’s general files with the petitioner’s name and other personal identifiers obliterated and deleted.L.1979, c. 178, s. 123, eff. Sept. 1, 1979.
2C:52-17. Use of expunged records by agencies on pending petition for expungement
Expunged records may be used by the agencies that possess same to ascertain whether a person has had prior conviction expunged, or sealed under prior law, when the agency possessing the record is noticed of a pending petition for the expungement of a conviction. Any such agency may supply information to the court wherein the motion is pending and to the other parties who are entitled to notice pursuant to 2C:52-10.L.1979, c. 178, s. 124, eff. Sept. 1, 1979.
2C:52-18. Supplying information to violent crimes compensation board
Information contained in expunged records may be supplied to the Violent Crimes Compensation Board, in conjunction with any claim which has been filed with said board.L.1979, c. 178, s. 125, eff. Sept. 1, 1979.
2C:52-19. Order of superior court permitting inspection of records or release of information; limitations
Inspection of the files and records, or release of the information contained therein, which are the subject of an order of expungement, or sealing under prior law, may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. The motion or any order granted pursuant thereto shall specify the person or persons to whom the records and information are to be shown and the purpose for which they are to be utilized. Leave to inspect shall be granted by the court only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. Such records may not be inspected or utilized in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise but may be used for purposes of sentencing on a subsequent offense after guilt has been established.L.1979, c. 178, s. 126, eff. Sept. 1, 1979.
2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs
Expunged records may be used by any judge in determining whether to grant or deny the person’s application for acceptance into a supervisory treatment or diversion program for subsequent charges. Any expunged records which are possessed by any law enforcement agency may be supplied to the Attorney General, any county prosecutor or judge of this State when same are requested and are to be used for the purpose of determining whether or not to accept a person into a supervisory treatment or diversion program for subsequent charges.L.1979, c. 178, s. 127, eff. Sept. 1, 1979.
2C:52-21. Use of expunged records in conjunction with setting bail, presentence report or sentencing
Expunged records, or sealed records under prior law, of prior arrests or convictions shall be provided to any judge, county prosecutor, probation department or the Attorney General when same are requested for use in conjunction with a bail hearing or for the preparation of a presentence report or for purpose of sentencing.L.1979, c. 178, s. 128, eff. Sept. 1, 1979.
2C:52-22. Use of expunged records by parole board
Expunged records, or sealed records under prior law, of prior disorderly persons, petty disorderly persons and criminal convictions shall be provided to the Parole Board when same are requested for the purpose of evaluating the granting of parole to the person who is the subject of said records. Such sealed or expunged records may be used by the Parole Board in the same manner and given the same weight in its considerations as if the records had not been expunged or sealed.L.1979, c. 178, s. 129, eff. Sept. 1, 1979.
2C:52-23. Use of expunged records by department of corrections
Expunged records, and records sealed under prior law, shall be provided to the Department of Corrections for its use solely in the classification, evaluation and assignment to correctional and penal institutions of persons placed in its custody.L.1979, c. 178, s. 130, eff. Sept. 1, 1979.
2C:52-24. County prosecutor’s obligation to ascertain propriety of petition
Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the petition for expungement and to bring to the court’s attention any facts which may be a bar to, or which may make inappropriate the granting of, such relief. If no disabling, adverse or relevant information is ascertained other than that as included in the petitioner’s affidavit, such facts shall be communicated by the prosecutor to the hearing judge.L.1979, c. 178, s. 131, eff. Sept. 1, 1979.
2C:52-25. Retroactive application
This chapter shall apply to arrests and convictions which occurred prior to, and which occur subsequent to, the effective date of this act.L.1979, c. 178, s. 132, eff. Sept. 1, 1979.
2C:52-26. Vacating of orders of sealing; time; basis
If, within 5 years of the entry of an expungement order, any party to whom notice is required to be given pursuant to section 2C:52-10 notifies the court which issued the order that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person to whom the court granted such order, which charges were not revealed to the court at the time of hearing of the original motion or that there was some other statutory disqualification, said court shall vacate the expungement order in question and reconsider the original motion in conjunction with the previously undisclosed information.L.1979, c. 178, s. 133, eff. Sept. 1, 1979.
2C:52-27. Effect of expungement
Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows:a. The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.b. The fact of an expungement of prior charges which were dismissed because of the person’s acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; andc. Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law.L.1979, c. 178, s. 134, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 45, eff. Sept. 24, 1981.
2C:52-28. Motor vehicle offenses
Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39.L.1979, c. 178, s. 135, eff. Sept. 1, 1979.
2C:52-29. Fee
Any person who files an application pursuant to this chapter shall pay to the State Treasurer a fee of $30.00 to defer administrative costs in processing an application hereunder.L.1979, c. 178, s. 136, eff. Sept. 1, 1979.
2C:52-30. Disclosure of expungement order
Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person. Notwithstanding the provisions of section 2C:43-3, the maximum fine which can be imposed for violation of this section is $200.00.L.1979, c. 178, s. 137, eff. Sept. 1, 1979.
2C:52-31. Limitation
Nothing provided in this chapter shall be interpreted to permit the expungement of records contained in the Controlled Dangerous Substances Registry created pursuant to P.L.1970, c. 227 (C. 26:2G-17 et seq.), or the registry created by the Administrative Office of the Courts pursuant to section 2C:43-21.L.1979, c. 178, s. 138, eff. Sept. 1, 1979.
2C:52-32. Construction
This chapter shall be construed with the primary objective of providing relief to the one-time offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby periodic violators of the law or those who associate themselves with criminal activity have a regular means of expunging their police and criminal records.L.1979, c. 178, s. 139, eff. Sept. 1, 1979.
Synthetic Marjiuana Laws – K2 and Spice Drug Declared Controlled Dangerous Substance
New Jersey Attorney General Jeffrey S. Chiesa in February of 2012 announced a statewide ban on all forms of synthetic marijuana. With this announcement arrests will certain rise requiring criminal drug attorneys to understand synthetic marijuana is now a controlled dangerous substance. Mostly known as brand names K2 and Spice,synthetic marijuana
is the third most commonly abused drug by high school seniors, behind marijuana and prescription drugs, according to a 2011 study funded by the National Institute on Drug Abuse. This can be attributed to its formal legal standing, and the ease in which it can be purchased
Side effects include violent seizures, dangerously elevated heart rates, and hallucinations, according to the institute and the U.S. Drug Enforcement Administration. The product looks more like Potpourri than classic marijuana and comes in distinctive packaging. The very nature of the product makes it more dangerous than typical marijuana.
The drug will now be considered a controlled dangerous substance, like cocaine and heroin. Violators could face three to five years in prison and a fine of up to $25,000.The drug is on the national and state radar now as it has become popular topic in the media. For these reasons, we can expect to see a crackdown on synthetic marjiuana and more arrests in the coming months and years.
Have you or someone you know been arrested or charged with possession of synthetic marijuana or any drug? Please do not hesitate to call Corey P. Morano, Esq. at 201-598-5019 or email me directly at newjerseylawyernow@gmail.com for a free consultation.
What are the New Jersey Point Violations? A List of all New Jersey Tickets with Points that can Raise Insurance Rates
Keep those points on your New Jersey license clear by hiring a traffic attorney. Below is a
list of the NJSA point schedule. This can help you answer the question, “how much will my insurance go up if I get a traffic ticket?”
All of these tickets can have a direct effect on your license raise your insurance premiums. Call me at 201-598-5019 or email me directly at newjerseylawyernow@gmail.com for a free consultation on traffic court.
| New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway | ||
|---|---|---|
| 27:23–29 | Moving against traffic |
2
|
| 27:23–29 | Improper passing |
4
|
| 27:23–29 | Unlawful use of median strip |
2
|
| All roads and highways | ||
| 39:3–20 | Operating constructor vehicle in excess of 45 mph |
3
|
| 39:4–14.3 | Operating motorized bicycle on a restricted highway |
2
|
| 39:4–14.3d | More than one person on a motorized bicycle |
2
|
| 39:4–35 | Failure to yield to pedestrian in crosswalk |
2
|
| 39:4–36 | Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk |
2
|
| 39:4– 41 | Driving through safety zone |
2
|
| 39:4–52 | Racing on highway |
5
|
| 39:4–55 | Improper action or omission on grades and curves |
2
|
| 39:4–57 | Failure to observe direction of officer |
2
|
| 39:4–66 | Failure to stop vehicle before crossing sidewalk |
2
|
| 39:4–66.1 | Failure to yield to pedestrians or vehicles while entering or leaving highway |
2
|
| 39:4–66.2 | Driving on public or private property to avoid a traffic sign or signal |
2
|
| 39:4–71 | Operating a motor vehicle on a sidewalk |
2
|
| 39:4–80 | Failure to obey direction of officer |
2
|
| 39:4–81 | Failure to observe traffic signals* (Red Light Camera- 0 pts.) |
2
|
| *No points assessed for red light camera violation |
0
|
|
| 39:4–82 | Failure to keep right |
2
|
| 39:4–82.1 | Improper operating of vehicle on divided highway or divider |
2
|
| 39:4–83 | Failure to keep right at intersection |
2
|
| 39:4–84 | Failure to pass to right of vehicle proceeding in opposite direction |
5
|
| 39:4–85 | Improper passing on right or off roadway |
4
|
| 39:4–85.1 | Wrong way on a one-way street |
2
|
| 39:4–86 | Improper passing in no passing zone |
4
|
| 39:4–87 | Failure to yield to overtaking vehicle |
2
|
| 39:4–88 | Failure to observe traffic lanes |
2
|
| 39:4–89 | Tailgating |
5
|
| 39:4–90 | Failure to yield at intersection |
2
|
| 39:4–90.1 | Failure to use proper entrances to limited access highways |
2
|
| 39:4–91–92 | Failure to yield to emergency vehicles |
2
|
| 39:4–96 | Reckless driving |
5
|
| 39:4–97 | Careless driving |
2
|
| 39:4–97a | Destruction of agricultural or recreational property |
2
|
| 39:4–97.1 | Slow speed blocking traffic |
2
|
| 39:4–97.2 | Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction) |
4
|
| 39:4–98 | Exceeding maximum speed 1-14 mph over limit |
2
|
| Exceeding maximum speed 15-29 mph over limit |
4
|
|
| Exceeding maximum speed 30 mph or more over limit |
5
|
|
| 39:4–105 | Failure to stop for traffic light |
2
|
| 39:4–115 | Improper turn at traffic light |
3
|
| 39:4–119 | Failure to stop at flashing red signal |
2
|
| 39:4–122 | Failure to stop for police whistle |
2
|
| 39:4–123 | Improper right or left turn |
3
|
| 39:4–124 | Improper turn from approved turning course |
3
|
| 39:4–125 | Improper u-turn |
3
|
| 39:4–126 | Failure to give proper signal |
2
|
| 39:4–127 | Improper backing or turning in street |
2
|
| 39:4–127.1 | Improper crossing of railroad grade crossing |
2
|
| 39:4–127.2 | Improper crossing of bridge |
2
|
| 39:4–128 | Improper crossing of railroad grade crossing by certain vehicles |
2
|
| 39:4–128.1 | Improper passing of school bus |
5
|
| 39:4–128.4 | Improper passing of frozen dessert truck |
4
|
| 39:4–129 | Leaving the scene of an accident – no personal injury |
2
|
| Personal injury |
8
|
|
| 39:4–144 | Failure to observe stop or yield signs |
2
|
| 39:5C–1 | Racing on highway |
5
|
| 39:5D–4 | Moving violation committed out-of-state |
2
|
How to File a Workers’ Compensation Claim
Have you been hurt at work? Want to learn more about filing a Workers’ Compensation claim? Please contact Corey P. Morano, Esq. at 201-598-5019 for a free consultation. I work on a contingency basis on any and all Workers’ Compensation lawsuits.
The injured worker has the option of filing a formal claim petition with the Division, within the statutory time period which is generally 2 years. The first hearing before a judge of compensation is typically held within six months from the date of filing. Cases are usually assigned to a district office by either the county of residence of the injured worker, or if the worker lives out of state, the county where the employer is located.
The vast majority of claim petitions are settled by mutual agreement as to the amount of benefits due and extent of disability. If the issues cannot be resolved during the pretrial stage, trial commences with the taking of testimony of the injured worker, medical and lay witnesses. At the conclusion of trial, the judge renders a decision based upon the relevant evidence surrounding the case. Their rulings are binding and are appealable only to the Appellate Division of the Superior Court.
Motions for Medical and/or Temporary Benefits:
The law also provides immediate recourse to the worker in need of prompt medical treatment and temporary benefits. In such instances, the worker may choose to file a “Motion for Medical and Temporary Benefits” which is assigned an initial hearing date before a Judge of Compensation within 30 days of filing. More information on all of this is available on the Department of Labor’s website.
Have you been hurt at work? Want to learn more about filing a Workers’ Compensation claim? Please contact Corey P. Morano, Esq. at 201-598-5019 for a free consultation. I work on a contingency basis on any and all Workers’ Compensation lawsuits.
New Jersey Statute of Limitations Laws for Filing Claims
The easiest way to get tripped up in filing a New Jersey lawsuit is to blow the statute of limitations. Below is a brief summary of the statute of limitations on many of New Jersey most frequently filed claims of action. To learn more about your potential case and for a free consultation please call Corey P. Morano, Esq at 201-598-5019 today!
ACCOUNT STATED – 6 YEARS (N.J. Stat. Ann. § 2A:14-1 2011)
ANTITRUST – 4 YEARS (N.J. Stat. Ann. § 56:9-14 (2011))
BREACH OF CONTRACT
- 6 YEARS for non-sales contracts (N.J. Stat. Ann. § 2A:14-1 (2011)); and
- 4 YEARS for contracts for the sale of goods under the Uniform Commercial Code (N.J. Stat. Ann. § 12A:2-725 (2011)).
BREACH OF FIDUCIARY DUTY
- 6 YEARS for a breach of fiduciary duty causing purely economic loss and is controlled by the substantive law governing the relationship (Balliet v. Fennell, 845 A.2d 168, 170, 172 (N.J. Super. Ct. App. Div. 2004))
- 2 YEARS for a breach of fiduciary duty harming one’s physical or emotional well-being (Balliet, at 171).
BREACH OF WARRANTY – 4 YEARS (N.J. Stat. Ann. § 12A:2-725 (2011)).
CONSUMER PROTECTION STATUTES
- 6 YEARS for claims under the New Jersey Consumer Fraud Act (Kennedy v. Axa Equitable Life Ins., Co., 2007 WL 2688881, at *2 (D.N.J. Sep. 11, 2007)).
CONVERSION
- 6 YEARS for claims involving conversion of chattel (N.J. Stat. Ann. § 12A:14-1 (2011)
- 3 YEARS for a claim involving conversion of a negotiable instrument (N.J. Stat. Ann. § 12A:3-118(g)
EMPLOYMENT (WHISTLEBLOWER) – 1 YEAR for claims filed under the Conscientious Employee Protection Act (N.J. Stat. Ann. § 34:19-5 (2011));
EMPLOYMENT (Discrimination)
- 180 Days for claims filed under the Law Against Discrimination (N.J. Stat. Ann. § 10:5-18 (2011))
- 2YEARS for civil cases filed in the Superior Court (Montells v. Haynes, 627 A.2d 654, 655 (N.J. 1993))
EMPLOYMENT (Workers’ Compenstion) – 2 YEARS petitions filed under the Worker’s Compensation Act (N.J. Stat. Ann. §§ 34:15-41 (2011) and 34:15-51 (2011)).
ENFORCEMENT OF JUDGMENTS
- 20 YEARS for New Jersey judgments (N.J.Stat. Ann. § 2A:14-5 (2011)
- For foreign judgments, the statute of limitations is the shorter of 20 years or the length of time to enforce the judgment in the foreign jurisdiction (N.J. Stat. Ann. § 2A:14-5 (2011)).
- 20 YEARS for an execution concerning real estate, goods and chattel (N.J. Stat. Ann. § 2A:17-3 (2011)).
FRAUD – 6 YEARS(N.J. Stat. Ann. § 2A:14-1 (2011)).
NEGLIGENCE
- 2 years for personal injury claims (N.J. Stat. Ann. § 2A:14-2 (2011))
- 6 YEARS for property claims (N.J. Stat. Ann. § 2A:14-1 (2011)).
TRADE SECRET MISAPPROPRIATION – 6 YEARS (N.J. Stat. Ann. § 2A:14-1 (2011)).
UNFAIR COMPETITION – 6 YEARS for unfair competition claims under the common law and section 56:4-1 of New Jersey’s unfair competition statute
UNJUST ENRICHMENT – 6 YEARS (Jacobson v. Celgene Corp., 2010 WL 1492869, at *3 (D.N.J. Apr. 14, 2010)).
WRONGFUL DEATH AND SURVIVAL
- 2 YEARS for wrongful death claims (N.J. Stat. Ann. § 2A:31-3 (2011)
- New Jersey has no statute of limitations for a wrongful death action, if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity or adjudicated delinquent (N.J. Stat. Ann. § 2A:31-3 (2011)).
- The statute of limitations is two years for survival actions (Thomas v. Correctional Med. Servs., Inc., 2009 WL 737105, at *3 (D.N.J. Mar. 17, 2009)).
The easiest way to get tripped up in filing a lawsuit is to blow the statute of limitations. Below is a brief summary of the statute of limitations on many of New Jersey most frequently filed claims of action. To learn more about your potential case and for a free consultation please call Corey P. Morano, Esq at 201-598-5019 today!
New Jersey Slip and Fall Lawyer – Understanding Your Rights!
If you have been injured in a slip and fall accident and want to know your rights, please do not hesitate to call me, Corey Morano, Esq. for a free consultation at 201-598-5019 or email me right away!
Slip and fall, in New Jersey tort law, is a claim or case based on a person slipping (or tripping) and falling. It is a tort, and based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the slip or trip.
Property owners generally have two basic defenses to Public liability slip and fall claims:
- The first defense is that they were not negligent. For example, the owner may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of due diligence, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to mitigate the danger.
- The second and more typical defense is that the person who was injured was at fault. For example, the owner may claim that any reasonable patron, exercising due diligence for his or her own safety, would see a banana on the floor, and take those steps necessary to avoid slipping on it.
Because of a general perception that slip and falls are at least partly the fault of the person
injured, slip and fall injuries are usually worth less than injuries from other types of torts.
For slip and fall investigations, the incident walking surface slip resistance can be measured. The surface can be tested to identify if it is above or below accepted levels of slip resistance thresholds.
If you have been injured in a slip and fall accident and want to know your rights, please do not hesitate to call me, Corey Morano, Esq. for a free consultation at 201-598-5019 or email me right away!