All Available New Jersey Workers’ Compensation Benefits in Work-Related Injury

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All Available New Jersey Workers’ Compensation Benefits in Work-Related Injury

What are Workers’ Compensation Benefits?

A New Jersey employee or their dependents can receive workers’ compensation benefits for an injury or death arising out of and in the scope of employment. The employer or their insurance carrier must pay for necessary and reasonable medical treatment, a percentage of loss of wages during the period of rehabilitation and when documented, benefits for permanent disability. So, the benefits that are possible fall into 5 categories. The 5 types of New Jersey Workers’ Comp benefits include 1) Medical Benefits, 2) Temporary Total Disability Benefits, 3) Permanent Partial Benefits, 4) Permanent Total Benefits and 5) Death Benefits

Medical Benefits

All necessary and reasonable medical treatment, prescriptions and hospitalization services related to the work injury are paid by the employer’s insurance carrier or directly by the employer if they are self-insured.

The employer has the right to designate the authorized treating physician for all work related injuries. Only in the situations where the employer inappropriately refuses to provide medical treatment or if an emergency exists, may the injured worker choose the treating physician. In the case of the latter, the injured worker should notify the employer as soon as possible concerning the treatment being received.


Temporary Total Disability Benefits

If an injured worker is disabled for a period of more than seven days, he or she will be eligible to receive temporary total benefits at a rate of 70% their average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW. These benefits are provided during the period when a worker is unable to work and is under active medical care.


Benefits are usually terminated when the worker is released to return to work in some capacity or if he or she has reached maximum medical improvement (MMI). MMI is a term that is used when additional treatment will no longer improve the medical condition of the injured worker. The worker, in some cases, may be left with either partial permanent injuries or total permanent injuries, details of which are addressed in the next two sections.


Permanent Partial Benefits

When a job related injury or illness results in a partial permanent disability, benefits are based upon a percentage of certain “scheduled” or “non-scheduled” losses. A “scheduled” loss is one involving arms, hands, fingers, legs, feet, toes, eyes, ears or teeth. A “non-scheduled” loss is one involving any area or system of the body not specifically identified in the schedule, such as the back, the heart, the lungs. These benefits are paid weekly and are due after the date temporary disability ends.


Permanent Total Benefits

Sometimes when a work injury or illness prevents a worker from returning to any type of gainful employment, he or she may be entitled to receive permanent total disability benefits. These weekly benefits are provided initially for a period of 450 weeks. These benefits continue beyond the initial 450 weeks provided that the injured worker is able to show that he or she remains unable to earn wages.

Wages earned after 450 weeks offset the weekly computation in proportion to the income at the time of the injury. Permanent Total benefits are paid weekly and are based upon 70% of the average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW.

Permanent Total Disability is also presumed when the worker has lost two major members or a combination of members of the body such as eyes, arms, hands, legs or feet. However, permanent total disability can also result from a combination of injuries that render the worker unemployable. 


Death Benefits

Dependents of a worker who dies because of a work-related injury or illness may be eligible to receive death benefits. The weekly benefits payments are 70% of the weekly wage of the deceased worker, not to exceed the maximum benefit amount established annually by the Commissioner of Labor.  The benefit amount is divided by the surviving dependents as determined by a judge after a hearing on extent of dependency.

A surviving spouse and natural children who were a part of decedent’s household at the time of death are conclusively presumed to be dependents.

A surviving spouse and natural children who were not a part of the decedent’s household at the time of death and all other alleged dependents (parents, grandparents, grandchildren, brothers, sisters, etc.) must prove actual dependency.

Children who are deemed to be dependents remain so until the age of 18 years or if a full-time student, until the age of 23 years. If a child is physically or mentally disabled, he/she may be eligible for further benefits.

The employer or its insurance carrier is responsible to pay up to $3,500 in funeral expenses for a job-related death. These funds are payable to whomever is liable for the funeral bill, be it the estate or an individual.

Please refer to the appropriate section of the workers’ compensation statute for detailed information (N.J.S.A. 34:15-13).

Invitees, Licensees, and Trespassers – Liability In New Jersey Slip and Fall Cases

If you are injured in a Bergen County slip and fall it is important to know if the property owner is liable. When you ask yourself “do I have a slip and fall case?” first you must know if you are an invitee, licensee, or a trespasser.

Invitees are visitors who are on the property conducting business. For example, an electrician who comes to the home and conducts business on the premises may qualify as an invitee. Licensees are those who have been given permission or an invitation to enter a property. Licensees are typically friends or family members who have been granted access to the property.

Property owners in New Jersey may be liable for injuries to business invitees and licensees. The owner may be held liable if they knew of a possible danger, and did not fix it or warn the visitor of the risk. This can be interpreted in rather broad terms.

New Jersey property owners may be liable if the visitor did not know or should not have known about the existence of the danger. Property owners must actually perform checks for dangerous aspects of their property before an invitee enters the property, while this duty does not exist for licensees. 

Bergen County property owners are generally not liable for injuries suffered by those who are trespassing at the time of the incident; however, there are some exceptions. One important exception to this rule is if the property owner has reason to believe there are regular trespassers on his land (such as children crossing property on way to school). So, even trespassers can have certain rights to sue.

There is generally a two-year statute of limitations on most personal injury cases in New Jersey. There are exceptions to that rule that can shorten the time. To discuss your slip and fall case with a Bergen County attorney, contact The Morano Law Firm at 201-598-5019 or newjerseylawyernow@gmail.com today.

Making a Legal Will in New Jersey During Social Distancing

How Do I Make a Legal Will in New Jersey?

In New Jersey, COVID-19 may have made people think about their estate plans. Despite the many challenges of the coronavirus, the legality of signing a will and testament remain the same.

Legal Requirements for New Jersey Will:

For a person to make a valid will in New Jersey, the following requirements must be met:

  • A person executing a will must be at least 18 years old.
  • He or she must be “of sound mind.” (not declared incompetent in court proceeding)
  • A will must be in writing.
  • A will must be signed by the person making it (the “testator”) and by two people who witnessed the testator sign the will, or witnessed the testator acknowledge his or her signature or the will itself. (If physically impossible, the testator may direct someone to do it

How to Make a Will During Social Distancing

Making a will In New Jersey during the COVID-19 – Coronavirus pandemic may still be an item in flux. As always, you should consult an attorney. Still, the most important aspect remains the witness signatures. A notary or lawyer signature is important, but, under current law the witness signatures must be “in writing” are what are truly important. Of course, these requirements may become relaxed especially if simply trying to probate a will that is not being challenged.  

The Competence Requirement

Every state requires competence for a will to be held as legal. This requires a person executing a will to be of “sound mind.” The two requirements to be considered of sound mind are to (1) understand the meaning and purpose of the document and (2) understand the nature and extent of the property at issue.

Oral Wills vs. Holographic Wills

Oral wills are not valid in New Jersey but, wills written in the handwriting of the testator may be. A handwritten will is referred to a s a Holographic will.

If you are interested in pursuing a will, power of attorney or living will contact The Morano Law Firm at 888-NJLAW17 (655-2717) or 201-598-5019. Always consult an attorney when pursuing an estate plan.

UPDATE: New Jersey Assembly Bill A.3903 was signed on April 14, 2020 enacting Remote Notarization in light of the pandemic.

New Jersey’s New DUI and DWI Law

New Jersey drunk driving laws have changed recently. It important you understand DWI laws and the new penalties. We are experienced New Jersey DUI attorneys with experience in dealing with the news laws in municipal Court. In New Jersey, a person is guilty of drunk driving if he/ she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. BAC refers to the amount of alcohol in your blood. Under the new laws the length of suspension has been lowered slightly, but, the expenses and interlock device requirement have changed. The penalties for a DWI in New Jersey are below:

THE PENALTIES

1st Offense

Under New Jersey Law (P.L. 2003, CHAPTER 314), if an offender’s BAC is 0.08 percent or higher, but less than 0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent to operate a motor vehicle, the penalties are:

  • A fine of $250-$400
  • Imprisonment for up to 30 days
  • Driver’s license forfeiture until ignition interlock installed.
  • Interlock required for 3 months
  • A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
  • An automobile insurance surcharge of $1,000 a year for 3 years

If the offender’s BAC is 0.10 percent but less than 0.15 percent, or permits another person with a BAC of 0.10 percent but less than 0.15 percent to operate a motor vehicle, the penalties are:

  • A fine of $300-$500
  • Imprisonment for up to 30 days
  • Driver’s license forfeiture until ignition interlock installed. Interlock required for 7 months to one (1) year
  • A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
  • An automobile insurance surcharge of $1,000 a year for 3 years

Offenders with a BAC of 0.15 percent or higher must install an ignition interlock device in one vehicle they principally operate during the license suspension period of 4 to 6 months and for a period of 9 months to 15 months after license restoration.

2nd Offense

  • A fine of $500-$1,000
  • Imprisonment of at least 48 consecutive hours, and up to 90 days
  • Minimum 1-year and up to 2-year license suspension
  • Completion of evaluation, referral and program requirements of the IDRC
  • 30 days of community service
  • An automobile insurance surcharge of $1,000 a year for 3 years
  • Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration

3rd Offense

  • A fine of $1,000
  • Imprisonment of 180 days except the court may lower such term for each day, not exceeding 90 days, served in a drug or alcohol inpatient rehabilitation program approved by IDRC
  • 8 year license suspension
  • 30 days of community service
  • Completion of evaluation, referral and program requirements of the IDRC
  • An automobile insurance surcharge of $1,500 a year for 3 years
  • Installation of an ignition interlock device for a period of license suspension and 2 years to 4 years after license restoration

If you or anyone you know has been charged with a DUI they should call The Morano Law Firm, LLC and speak Corey Morano, Esq., an experienced New Jersey Underage DUI Attorney at 201-598-5019 or email coreymorano@gmail.com

Serious Injuries From Slip-and-Fall Accidents in Northern New Jersey

Have you or a loved one suffered a serious injury on another person’s property? If the accident was due to the property owner’s negligence, you may have a premises liability lawsuit.

With well over a decade of experience, I am in the prime of my career. I am not a rookie, but I am not resting on successes that happened a generation ago. At The Morano Law Firm, LLC, we can help you get the money you need for the medical bills, pain and suffering, lost wages, and other expenses. We always offer a free initial consultation and do all work on contingency, meaning that if there is no recovery, we take no fee. We will not ask you for money…ever.

With well over a decade of experience, I am in the prime of my career. I am not a rookie, but I am not resting on successes that happened a generation


ago. At The Morano Law Firm, LLC, we can help you get the money you need for the medical bills, pain and suffering, lost wages, and other expenses. We always offer a free initial consultation and do all work on contingency, meaning that if there is no recovery, we take no fee. We will not ask you for money…ever.

“Premises liability” is a legal term encompassing any case in which a property owner is sued for hazards on their property that caused a serious injury. Most premises liability cases involve slips and falls.

What Is Premises Liability?

Common slip-and-fall accidents include:

  • Holes in pavement causing parking lot or sidewalk accidents
  • Slippery floors causing slips and falls
  • Loose merchandise falling from shelves
  • Lack of Snow Removal

But there are many other types of accidents that qualify. Our Northern New Jersey slip-and-fall accident attorneys will listen to your situation and quickly tell you if we can help. If we take your case, we can immediately begin work, while also making sure you are getting the medical care you need. Conveniently located on Route 17 in Paramus, we cover a wide range of cases all over Bergen, Passaic, Essex, Hudson, Sussex, Morris Union, Somerset and Middlesex Counties.

If you have been involved in a Slip and Fall, accident you need legal representation to make the best case possible and ensure that your side of the story is heard in court. To learn more about your Slip and Fall case feel free to contact The Morano Law Firm at 201-598-5019, or email us at newjerseylawyernow@gmail.com for a free consultation.

New Jersey Invasion of Privacy Laws (N.J.S.A. 2C:14-9) – What You Need To Know

A New Jersey Invasion of Privacy Lawyer will tell you that every now and then most of us forget that a stranger’s personal matters can 13be highly sensitive. We are all affected by curiosity and New Jersey Invasion of Privacy laws, making it likely that most of us will snoop into someone else’s business from time to time. It’s easy for people to overstep certain legal boundaries however, and disregarding an individual’s right to privacy can have serious consequences. The recent court case New Jersey v. Dharun Ravi, where a Rutgers University student spied on his roommate during a sexual encounter, reveals the potential severity of the issue. Understanding New Jersey Laws regarding invasion of privacy can help prevent a simple mistake from escalating into a criminal trial.

The legal definition of Invasion of Privacy can be found in New Jersey’s Code of Criminal Justice. According to N.J.S.A. 2C:14-9, you can be found guilty of a violation if you observe another person without that person’s consent under circumstances in which he or she would not assume to be observed. If you suspect that someone “may expose intimate parts or may engage in sexual penetration or sexual contact” in a private setting, chances are you are not permitted to continue watching. The crime becomes more serious if you decide to “photograph, film, videotape, record, or otherwise reproduce” the event. Unless you had provided prior notice to the person of your intent to observe or record them, you could be charged with invading that person’s privacy. Of course, the law allows for certain exceptions (specifically regarding law enforcement officers, retail fitting rooms, and those acting with a lawful purpose). In cases similar to that of Dharun Ravi’s however, the law can be unforgiving. Fines of up to $30,000 can imposed, not including any other charges which might be brought up depending on the circumstances.

New Jersey’s Invasion of Privacy statute (2C:14-9) can be severe, which is unfortunate because many people won’t even realize they are committing a violation until it is too late. The topic itself is highly complicated, making it challenging for defendants to make the best possible case for themselves if accused. If you have any questions about the subject or want to ensure that your side of the story is heard in court, do not hesitate to contact us now for quality legal representation. Contact The Morano Law Firm at 201-598-5019 or send an email to newjerseylawyernow@gmail.com for a free consultation and to speak to an New Jersey Invasion of Privacy Attorney today!

New Jersey Consumer Fraud Act – Home Improvement

If you would like to discuss a potential consumer fraud act case or are currently in the middle of one, contact The Morano Law Firm at 201-598-5019 or newjerseylawyernow@gmail.com today!

The purpose of New Jersey’s Consumer Fraud Act (“Act”), N.J.S.A 56:8-1 et seq., is to provide increased protection for consumers. The Act 13provides New Jersey with one of the most consumer friendly consumer protection laws in the United States. Under the Act, individual consumers are allowed to bring a private cause of action against those who violate the Act. To bring a private action under the Act, the consumer must show an ascertainable loss of money or property. Under the Act it may be possible to recover three times the amount of actual financial losses suffered.

New Jersey’s Home Improvement Act was created under the guidance of the Consumer Fraud Act. The Home Improvement Act protects consumers of home improvement services and places certain obligations on the contractor. The New Jersey Administrative Code (N.J.A.C) 13:45A-16.1 et seq. addresses the regulations governing Home Improvement Practices. Under the regulations, N.J.A.C. 13:45A-16.1A,

“Home improvement” means the remodeling, altering, painting, repairing, renovating, restoring, moving, demolishing, or modernizing of residential or noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping, fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, security protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems, insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other changes, repairs, or improvements made in or on, attached to or forming a part of the residential or noncommercial property, but does not include the construction of a new residence. The term extends to the conversion of existing commercial structures into residential or noncommercial property and includes any of the above activities performed under emergency conditions.

N.J.A.C 13:45A-16.2 outlines the “acts and practices [used by the contractor] involving the sale, attempted sale, advertisement or performance of home improvements” that are considered unlawful. The unlawful practices are divided into thirteen categories and pertain to

  • Model home representations
  • Product and material representations
  • Bait selling
  • Identity of seller
  • Gift offers
  • Price and financing
  • Performance
  • Competitors
  • Sale representations
  • Building permits
  • Guarantees or warranties
  • Home improvement contract requirements – writing requirement
    • Home improvement contracts for a purchase price of more than $500
    • Disclosures and obligations concerning preservation of buyers’ claims and defenses

The regulations discuss what is considered unlawful under each of these categories in detail. The above is only a very brief outline. It is important for contractors to know and follow these regulations because the cost of noncompliance could potentially be very large. It is also important for consumers to know of these provisions so that consumers can take full advantage of the protection that these regulations provide. Regardless of if you are a contractor or a home improvement consumer the Morano Law Firm may be able to help you. The consumer fraud act can lead to treble damages, so it is a legal issue that can lead to serious consequences. The penalties can be harsh. If you would like to discuss a potential consumer fraud act case or are currently in the middle of one, contact The Morano Law Firm at 201-598-5019 or newjerseylawyernow@gmail.com today!

 

 

 

Understanding New Jersey Premises Liability

If you or someone you know was injured on another person’s property you may have a premises liability claim. If you are interested in bringing a premises liability claim consult call the Morano Law Firm at 201-598-5019 or email us at newjerseylawyernow@gmail.com.

Premises Liability

Individuals that are injured on another’s property may have a premises liability claim against the landowner. New Jersey courts determine the 11duty of care of a landowner based on the totality of the circumstances. To determine if a landowner has a duty of care and is liable for the injury four factors are looked at:

  1. The relationship of the parties;
  2. The nature of the attendant risk;
  3. The opportunity and the ability to exercise care; and
  4. The public interest in the proposed solution

1-2 LexisNexis Practice Guide NJ Personal Injury § 2.27

When determining the liability of the landowner for injuries sustained on their property, of the four factors, the primary factor that courts look at is the relationship of the parties, that is, the injured person’s status on the property. The person’s status is classified as an invitee, licensee, or trespasser. Landowner’s owe different duties of care to individuals on their property depending on the individual’s status.

Status of Party

Invitees are people that are invited, either explicitly or implicitly, by the landowner as a member of the public for a purpose for which the land is held open to the public. An example of an invitee would be a customer in a store.

Licensees are also people that have permission from the landowner to be on the property, but licensees do not include the people that are there to convey only economic benefits on the landowner. Licensees tend to be social guests.

Trespassers are people that are on the property without the landowner’s permission.

Duty Owed

Landowners owe invitees a general duty of reasonable care, meaning that the landowner has to protect an invitee from injuries caused by conditions that the landowner knows, or through reasonable care should have known involve an unreasonable risk of harm.

Licensees are owed a lesser a duty of care than invitees. Landowners have to warn licensees of nonobvious dangers that the landowner knows about, in other words, the landowner only has to use reasonable care to prevent foreseeable harm.

Although trespassers are on the property without permission from the landowner they are still owed a limited duty of care. In general, the landowner only has to warn trespassers of known artificial conditions on the property that create a risk of death or serious bodily harm. Landowners may be liable to trespassers for injuries caused by an artificial condition on the land if:

  • The landowner is aware that trespassers go onto the land;
  • The landowner does not use reasonable care to warn trespassers of the condition and the risk involved; and
  • The condition is
    • One that the landowner created or maintains;
    • The landowner knows is likely to cause death or serious bodily harm to such trespassers; and
    • Of such a nature that the landowner has reason to believe that such trespassers will not discover it

1-2 LexisNexis Practice Guide NJ Personal Injury § 2.27

Thus, if you or someone you know was injured on another person’s property you may have a premises liability claim. If you are interested in bringing a premises liability claim consult with the Morano Law Firm.

Searches Conducted Without A Warrant in New Jersey

iStock_000001321767_SmallThe Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures. It requires that warrants must be based on probable cause and describe with particular specificity “the particular place to be searched, and the persons or things to be seized.” New Jersey has a similar provision in its constitution. Article 1, paragraph 7 of the New Jersey Constitution states

 

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.”

 

This provision in the New Jersey Constitution uses essentially the same language as the Fourth Amendment however; this New Jersey provision arguably affords even greater protection. If the searched party believes that the search conducted was unlawful under New Jersey Rule 3:5-7, a motion to suppress the evidence taken from that search can be made. The presumption is generally that warrantless searches are unreasonable, however there are exceptions. When looking at a specific search and seizure the main factor in determining its validity is reasonableness. If the search was conducted without a warrant the prosecutor will usually have to show that more likely than not one of the exceptions to the warrant requirement applies in the case. Exceptions to the warrant requirement include, but are not limited to:

 

  • Consent of the party being searched
  • Plain view of the evidence
  • Search of the area outside of the land immediately surrounding the owner’s property
  • Exigent circumstances
  • Motor vehicles
  • Search incident to arrest

 

There are other exceptions to the warrant requirement and the exceptions listed above have specific requirements of their own so it is important to consult with an attorney if you believe that you were searched unlawfully.

If you require the assistance of a criminal attorney, please call The Morano Law Firm, LLC at 201-598-5019 today for a free consultation or email us at newjerseylawyernow@gmail.com.

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.” iStock_000014208743_SmallThis 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 pointrugfacility 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.