Are New Jersey Workers’ Compensation Settlements Taxable?
May 15, 2014May 15, 2014

Are New Jersey Workers’ Compensation Settlements Taxable?

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By In Worker's Compensation

People always ask if their workers’ compensation payments are taxable. Its a great question as you know that old joke that the only things that are certain are death and taxes. Fortunately, we’ve got good news for you! According to the IRS website, ” Amounts you receive as workers’ compensation for an occupational sickness or injury are fully exempt from tax if they are paid under a workers’ compensation act or a statute in the nature of a workers’ compensation act. The exemption also applies to your survivors. The exemption, however, does not apply to retirement plan benefits you receive...

Conditional Dismissal – New Program for New Jersey First time Offenders on Criminal Charges
April 1, 2014April 1, 2014

Conditional Dismissal – New Program for New Jersey First time Offenders on Criminal Charges

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By In Criminal Law

First time offenders now have  new option in New Jersey with the new Conditional Dismissal program for minor offenses in municipal court. The new law establishes a conditional dismissal program in the municipal courts for eligible first-time defendants charged with certain disorderly persons offenses. The program compliments existing criminal justice diversion programs such as pretrial intervention (PTI) for certain indictable offenses in Superior Court under N.J.S.A. 2C:43-12 et seq. and conditional discharge for certain disorderly persons drug offenses in the municipal courts under N.J.S.A. 2C:36A-1. Under the law, a defendant who is charged with a petty disorderly persons offense or...

New Jersey Expungement — Clearing Your Record
January 10, 2014January 10, 2014

New Jersey Expungement — Clearing Your Record

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By In Criminal Law

Having an arrest or conviction on your record can lead to many headaches down the road. Applying to schools and searching for jobs is much tougher for those with a criminal record, even if the offense was something as trivial as violating a municipal ordinance (littering, loud noise disturbances, etc). Fortunately, New Jersey allows certain individuals to clear their record through the process of expungement.  Outlined under statute 2C:52, this process can provide a fresh start for New Jersey residents who wish to remove derogatory marks on their record. Understanding the benefits and limitations of the process is very important...

December 31, 2013December 31, 2013

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

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By In Worker's Compensation

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
December 20, 2013December 20, 2013

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

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By In Criminal Law

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)
November 17, 2013November 17, 2013

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

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By In Traffic Court

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
September 30, 2013September 30, 2013

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

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By In Criminal Law

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
August 23, 2013August 23, 2013

New Jersey Intensive Supervision Program: A Possible Alternative to Prison

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By In Criminal Law

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
August 14, 2013August 14, 2013

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

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By In Criminal Law, Legal Definitions/Strategy

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
August 13, 2013August 13, 2013

The New Jersey Workers’ Compensation Act

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By In Worker's Compensation

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...