- DivorceArticle by Daniel A. Levy, Esq. As part of my divorce and family law practice, clients often come to see me and ask if they should dismiss a temporary restraining order that they filed against their former partner or spouse.…
- Child SupportIf you are involved in a divorce or separation, or having a custody, child support, or alimony dispute, it is very important that you contact an attorney as soon as possible. It is very common for people to delay hiring a matrimonial/family lawyer and then forfeit important rights or damage their case. Any case involving divorce or custody and support of children is extremely sensitive and we can help guide you through what could be a very difficult and uncomfortable situation.
- Child Custody and Visitation
- Spousal Support
- Criminal DefenseIf you are charged with a crime, it is very important that you contact an attorney as soon as possible. It is very common for people to delay hiring a criminal lawyer and then forfeit important rights or incriminate themselves. Remember, you have the right to remain silent and the right to an attorney – do not be fooled into giving up your rights! Even if you believe that you are guilty and you want to cooperate with the police and prosecutor, there is still a great deal of benefit from consulting with a skilled New Jersey criminal defense attorney. Likewise, if you believe that you are innocent, do not be fooled into thinking that you can explain your side of the story and have the charges dropped. This is how many people inadvertently incriminate themselves.
- DUI/DWIIf you are arrested for drunk driving or refusal, it is very important that you contact a skilled New Jersey attorney as soon as possible. In New Jersey, all charges involving DUI are considered serious and carry hefty penalties. The legal limit in New Jersey is 0.08% ABV. In the least, a conviction under N.J.S.A. 39:4-50 will result in a 3 month license suspension and almost $4,000 in mandatory fines, fees, and surcharges. If the blood alcohol content (BAC) is.1% or more then the suspension period is a mandatory 7 to 12 months. Also, more than.15% BAC will subject you to a mandatory interlock device for the term of the suspension, and for 6 to 12 months following the suspension. Even on a first offense, a penalties for a conviction or guilty plea of drunk driving could include up to 30 days in jail. On a second or subsequent offense, a conviction or guilty plea will result in larger fines and penalties and 2 to 90 days in jail. Refusing to submit to a breathalyzer test and driving while suspended for DUI both carry hefty penalties as well.
- Wrongful DeathThe general rule in New Jersey in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, companionship, comfort, affection, society, solace or moral support.
- Traffic ViolationsObviously, truck drivers are susceptible to the same tickets for moving violations and regulatory violations that a car driver could receive. Please visit our Traffic Ticket page for general information regarding tickets.
- Sex CrimesIn New Jersey, domestic violence is very broadly defined – the occurrence of one or more of the following criminal offenses upon a person protected under the Prevention of Domestic Violence Act of 1991: Homicide, Assault, Terroristic threats, Kidnapping, Criminal restraint, False imprisonment, Sexual assault, Criminal sexual contact, Lewdness, Criminal mischief, Burglary, Criminal trespass, Harassment, or Stalking. A “protected person” is anyone that the defendant had a dating relationship with, or a child in common, or anticipates having a child in common (if one of the parties is pregnant). In general, domestic violence is taken more seriously than similar crimes between strangers. Alleged victims of domestic violence have complete, round-the-clock access to the courts for emergency relief. That means that someone can file for a temporary restraining order at any time, and they are usually given instructions by the police on how to do this. It is also mandatory for police to arrest a person accused of domestic violence, in the following cases: There is probable cause to believe that an act of domestic violence occurred AND EITHER the alleged victim exhibits signs of injury, or there is probably cause to believe that a temporary restraining order has been violated, or a warrant is in effect, or a weapon was used. In other cases, the police have discretion about whether to make an arrest. Once an arrest is made, the case will be referred to the Superior Court. That means that even if the crime was minor (like simple assault) and would otherwise be processed in Municipal Court, it will automatically go to the Superior Court because it is a crime of domestic violence. There, a special prosecutor who specializes in domestic violence cases will be assigned to the case.
- RobberyTheft, also known as larceny, is a separate crime – essentially is means that the person took money or property with the intent to permanently deprive the owner thereof. The more valuable the stolen property, the more severe the penalties. Theft is a 2nd degree crime if the property is valued above $75,000, or if the theft is by extortion, of if more than 1 kilogram of drugs are stolen, or if the thing that is stolen is human remains (i.e. a casket or urn containing ashes). Theft is a 3rd degree crime if the property is valued at $500 to $75,000, or it is a firearm, car, boat, plane, horse, or companion animal, or if it is some other kind of special property, like prescriptions, an access card, ingredients to make methamphetamine, research animals, etc. Theft is also a 3rd degree crime is the property, regardless of value, is stolen from the victim directly (i.e. a mugging, also known as robbery in other jurisdiction). If the property is valued at $200-$500, then it is a 4th degree crime, and it is a disorderly persons offense if valued at less than $200.
- BurglaryIn New Jersey, burglary and theft are two distinct types of crimes. Burglary, defined at N.J.S.A. 2C:18-2, is when a person unlawfully enters, trespasses upon, or remains in any kind of structure, research facility or utility company property, with the purpose to commit an offense therein. Burglary is generally a crime of the 3rd degree, which carries a possible penalty of 3 to 5 years in prison, a fine up to $15,000, and other penalties. Burglary becomes a 2nd degree crime if the defendant is armed (even if he doesn’t use the weapon) or if he injures or
- Theft
- Drug CrimesIn New Jersey, possession of drugs (also known as a controlled dangerous substance or CDS) is a serious matter, which should not be taken lightly. N.J.S.A. 2C:35-10 makes it a crime in the third degree to possess a Schedule 1, 2, 3, or 4 controlled dangerous substance, unless prescribed by a doctor. If a person pleads guilty to this offense or is found guilty at trial, the person could receive up to 5 years in prison and a fine of up to $35,000. With the exception of marijuana, almost all street drugs and prescription drugs and that can get a person “high” fall within Schedule 1 though 4. There are very few prescription drugs found in Schedule 5, and possession of such drugs is a fourth degree crime, and carries a penalty of up to 18 months in prison and a fine up to $15,000. Possession of marijuana, if less than 50 grams, is not a crime inNew Jersey. Rather, it is a disorderly persons offense. It is also a disorderly persons offense to be intoxicated and under the influence of drugs or prescription medication that is not prescribed by a physician. Also, N.J.S.A. 2C:35-11 makes it a crime in the third degree to possess imitation or fake drugs.
- AssaultIn New Jersey, assault charges carry a range of penalties. Simple assault, governed by N.J.S.A. 2C:12-1(a), is a disorderly persons offense. A person is guilty of the offense if the person knowingly or recklessly causes injury to another person, or if they attempt to injure another person. It is only a petty disorderly persons offense if the two people involved agree that they are going to fight each other. The charge will become a felony (usually a third degree crime) if the victim is a police officer, judge, school board member, or other public official.
- Homicide
- ArsonIn New Jersey, arson is considered a very serious crime and the prosecutor’s office has special investigators to investigate arson cases. The prosecutor’s office vigorously prosecutes these case and people accused of arson could face severe sentences. The New Jersey arson law is found at N.J.S.A. 2C:17-1, and defines arson as starting a fire or explosion and recklessly placing a person at risk of injury, or with the purpose of collecting insurance money, or to burn a structure so that it is exempt from any laws or regulations, or recklessly placing a forest in danger.
- ShopliftingIn New Jersey, shoplifting offenses can vary from extremely serious to relatively minor (although even relatively minor convictions will go on a criminal records and could seriously affect a person). The seriousness of a shoplifting charge depends on the value of the stolen merchandise, pursuant to N.J.S.A. 2C:20-11. It is very important to understand that a person could easily be guilty of shoplifting without actually stealing the merchandise. According to N.J.S.A. 2C:20-11, shoplifting occurs whenever a customer does any kind of act with the intention to deprive the merchant of the full value of the merchandise. You don’t need to walk out of the store without paying in order to be convicted of shoplifting. Other types of shoplifting outlined in N.J.S.A. 2C:20-11 include removing tags, changing the price labels, removing or swapping containers, putting multiple items on one hanger or in one container, hiding merchandise in a bag, coat, or under clothing, etc. Very often, people are caught and charged with shoplifting before they even leave the store because a security guard spots them doing something wrong or they are caught on video from the surveillance system.
- Restraining OrderWhenever an arrest is made for any kind of domestic violence, the court will enter a temporary restraining order (“TRO”). The terms of the TRO are printed on the order, and it will remain in effect of a set amount of time, at which point the judge will have to review the case and decide whether to vacate the TRO, extend the terms of the TRO, or convert the TRO into a permanent restraining order. This is all done by a Superior Court judge. Regardless of whether the restraining order is temporary or permanent, it must be taken very seriously. Violating the TRO is a separate crime, and you could accumulate a host of new charges just for trying to contact the alleged victim and “work it out.” Also, violating a temporary restraining order will make it much more difficult to negotiate an attractive plea.
- Kidnapping
- Extortion
- Business Disputes
- Workers CompensationAn important factor to remember is that an employee in New Jersey generally cannot file a lawsuit against the employer or any co-workers for personal injuries. If an employee is hurt while on the job, the employee’s remedy is generally restricted to filing a workers compensation claim. The common exception is when the employer or the co-worker actuallly intends to injure the employee – in such a case the employee is free to directly sue the employer or the co-worker. Therefore is is important to understand whether the liable parties are the employer and/or co-workers, or whether someone else is at fault. It is also important to determine whether the employee is actually “on the job.” Even if the worker is off the clock but on work property, or in some cases off property and on the way home, the worker may still be restricted to workers compensation. However, even if the worker is on the job, the worker may still file a lawsuit against a third party, like the landowner, manufacturer of equipment or other work products, independant contractors who are on the job site, etc.
- Premises LiabilityOne of the most common types of intentional tort case is a case of assault. Obviously, when a person hits, kicks, punches, pushes, etc. another person, they have committed an assault. But assault cases also include cases where someone throws an object at another person, poisons another, dumps liquids or other objects on another, or does similar types of wrongful conduct. But it is only considered an assault if the defendant touched the plaintiff on purpose (the defendant does not need to intend to actually hurt the plaintiff – it is no excuse to argue that you hit a person but did not mean to hurt them). If it was just an accident, then the case would be a negligence case, either a general negligence case, premises liability case, or perhaps an automobile negligence case.
- Landlord-Tenant DisputesWhat is critical in many premises liability cases is whether or not the jury will likely assume that the defendant was on notice of the danger. It is unusual that a property owner will get notified in writing before the accident that there is a problem. Often, there is a he said/she said battle, where the injured person claims that they complained to the owner before the accident, and the owner denies it. This is common in a landlord-tenant setting. But what is most important to recognize is whether the dangerous condition or defect was probably there for a long time, and whether the owner should have known about it. The leaky roof example above is a good example of this. As are most cases where there is a structural problem with the building because the New Jersey courts recognize that anyone who owns or maintains premises has a duty to maintain and inspect the structural portions. A skilled engineer is critical in such cases because the building codes and regulations have extensive guidelines dangerous building construction and building defects.
- Property DamageUpdated August 2, 2021 During many accidents in New Jersey, the person who is driving the car is not the owner of the car. Many times people who were injured in accidents or suffered property damage have asked us whether…
- Personal InjuryIn addition to our personal injury practice, we also represent clients in other areas of law. Regardless of the type of case, we fight to protect the rights of all of our clients and treat all cases as if they are the most important case on our docket. If you need a New Jersey criminal lawyer, municipal court lawyer, or a family lawyer, please contact us.
- Medical MalpracticeMedical malpractice is the failure of a health care provider to treat and care for a patient with a reasonable degree of expertise and compassion. If a physician was careless, lacked proper skills, or disregarded standardized rules, a jury may find the health care provider negligent. If damages result from such negligence, monetary compensation may be awarded. Hospitals can be liable for the negligence of their employees, including staff nurses and technicians.
- Auto Accidents
- Dog BitesAt Raff & Raff, we represent injured individuals who have been hurt by dog bites. In New Jersey, dog attacks are not uncommon and there are laws specifically designed to help people who are hurt by attacking dogs.