Workplace Accidents and Negligence: Workers’ Compensation Benefits When You Cause Your Own Injury

On December 4, 2013, a man (name withheld) died in an accident at his place of work, an Amazon packaging center. He was 57, a temporary worker at the New Jersey facility. The tragic accident which caused his death is important because it helps to illustrate a very complex area of the law, that which concerns liability in cases of accidental death or injury in the workplace. The Occupational Safety and Health Administration is still investigating the accident, and so specific details are not yet known, but there are many ways this case could be resolved. It’s possible that upon...

Eligibile for New Jersey Drug Court – Another Way Out Without Going In

Eligibile for New Jersey Drug Court – Another Way Out Without Going In

Regardless of a recent groundswell of support for the legalization of marijuana, in most states possession and sale of illegal drugs carries harsh penalties, not the least of which include prison sentences. Possessing up to 50 grams of marijuana is considered a disorderly persons offense under statute 2C:35-10(a)(4) and can land a person up to 6 months in prison and/or a $1,000 fine. Possession of larger quantities is a 4th degree crime and can result in a prison sentence of up to 18 months and up to a $25,000 fine. While marijuana is one of the most common drugs referred...

Understanding Emergency Vehicle Compliance In New Jersey (N.J.S.A. 39:4-91 and 39:4-92)

Understanding Emergency Vehicle Compliance In New Jersey (N.J.S.A. 39:4-91 and 39:4-92)

Many New Jersey drivers experience confusion on how to properly act when they are on the road and encounter an emergency vehicle, whether it is a police car, fire truck, or ambulance. Sharing the road with an emergency vehicle moving at high speeds with sirens ringing and lights flashing can create a highly anxious situation for drivers and can lead to dangerous circumstances if the driver acts incorrectly. For this reason, penalties for failing to yield to emergency vehicles can be harsh depending on the circumstances. You can receive points on your license, traffic fines by the state and by...

Understanding New Jersey Juvenile Prosecution – Juvenile Criminal Law in the County Courts

Understanding New Jersey Juvenile Prosecution – Juvenile Criminal Law in the County Courts

There are a number of differences between juveniles and adults when it comes to the court process. In New Jersey the County has jurisdiction over all juveniles within that county. Therefore, all criminal juvenile delinquent cases are heard at the Superior Court level in the County Court. In juvenile court what is typically called a “trial” is known as an adjudicatory hearing. The adjudicatory hearing must be held within 30 days of the initial detainment of the juvenile if the juvenile remains detained. If the hearing is not held the court must set a date certain for the hearing within...

New Jersey Intensive Supervision Program: A Possible Alternative to Prison

New Jersey Intensive Supervision Program: A Possible Alternative to Prison

To deal with the problem of overcrowding in prisons New Jersey created an Intensive Supervision Program (ISP). The ISP is an intermediate type of punishment that is harsher than just probation, but not as harsh as actual prison. New Jersey’s ISP gives certain offenders that have been sentenced to state prison the chance to work their way back into the community under intense supervision. New Jersey has six ISP regional offices and more than 1,200 participants. The New Jersey Intensive Supervision Program consists of a three-person panel that is responsible for screening applicants and making recommendations to the Resentencing Panel...

Understanding New Jersey Self Defense Law – 2C:3-4 The Use of Force in Self-Protection

Understanding New Jersey Self Defense Law – 2C:3-4 The Use of Force in Self-Protection

In light of the Trayvon Martin tragedy and the subsequent trial of George Zimmerman, understanding self defense is a hot button topic not just in Florida, but nationwide. Understanding how self-defense is implemented can mean the difference between an acquittal or a long prison sentence. 2C:3-4  –  The use of force in self-protection Under New Jersey law, it is justifiable to use force against another person if you have a reasonable belief that the use of force is immediately necessary when protecting yourself against unlawful force. Note this caveat regarding “unlawful” force; it is illegal to use force against a...

The New Jersey Workers’ Compensation Act

The New Jersey Workers’ Compensation Act

The NJ Workers’ Compensation Act (“Act”), N.J.S.A. 34:15-7, et seq., creates a state remedy where workers are compensated for injuries sustained during the course of employment. N.J.S.A. 34-15-1 states   When personal injury is caused to an employee by accident arising out of and in the course of his employment, of which the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefor from his employer, provided the employee was himself not willfully negligent at the time of receiving such injury, and the question of whether the employee was willfully negligent...

Failure to Appear in Court in New Jersey (Court Rule 7:8-9)

Failure to Appear in Court in New Jersey (Court Rule 7:8-9)

New Jersey assigns strict penalties for individuals who do not show up on their court date. Missing a court date can be due to any number of unexpected occurrences. It is a problem that many New Jersey residents might encounter, so an understanding of the court rule is important to ensuring minimal legal trouble in the future. If you have already found yourself in a position where you or someone you know did not appear in court and is now facing legal repercussions, please call me Corey Morano, Esq. right away at 201-598-5019 or send me an email at newjerseylawyernow@gmail.com...

New Jersey Driving Laws: Failure to yield to overtaking vehicle (NJSA 39:4-87)

Drivers experiencing frustration on the road at the hands of other motorists may attempt to engage in risky behaviors to express their anger. Competing with other drivers can take on many dangerous forms, but one of the most commonly seen actions is the failure for a driver to yield to another driver who is attempting to enter their lane. This occurs when the driver about to be passed decides to increase the speed of the vehicle so that the other driver cannot safely enter the lane he or she is trying to enter.   Failure to yield to overtaking vehicle...

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 provides 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...