2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Tuesday, June 09, 2015

STATUTE OF LIMITATIONS- criminal & traffic cases NJ

STATUTE OF LIMITATIONS- criminal & traffic cases NJ

       Disorderly person criminal offenses- 1 year.   This means the Complaint must be signed within one year of the offense.  It does not been the Complaint must be served on the defendant, or that the trial must be held within 1 year.

         Indictable Criminal Penalties  [Felony type]   7 year Statute of limitations
                                         Jail                      Fine                Probation
         1st degree           10- 20 years            $200,000        [presumption of jail]
         2nd degree          5-10 years               $150,000        [presumption of jail]
         3rd degree           3- 5 years                $15,000          1 year- 5 year
         4th degree           0- 18 months           $10,000          1 year- 5 year

         There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter. For certain offenses such as murder or sexual assault, the statute of limitations is extended.

         If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties! 

         39: 5- 3               30 days Statute of Limitations except as posted below
         39: 3- 12             Illegal obtaining DL- 1 year Statute of limitations
         39: 3- 34             App. for DL while SUS- 1 year Statute of Limitations
         39: 3- 37             False App.- 1 year Statute of limitations
         39: 4- 129           Leaving the scene of accident- 1 year Statute of                                           Limitations
         39: 10- 24           Misrepresentation on title- 1 year
         39: 3- 40             Driving while suspended DWS- 90 days S of L
         39:4-50               DWI 90 days
         39: 6B- 2             No insurance- 6 months S of L
         39: 5: 31    DMV Director of Magistrate can revoke license for willful  violations even if statute of limitations has passed
 2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
More information on Fines, jail and penalties on website: www.njlaws.com


Tuesday, June 02, 2015

39:3-24 blood samples if driver in a accident involving death or serious bodily injury

A police officer shall obtain a blood sample from an operator of an autobus involved in an accident resulting in the death or serious bodily injury, as defined in N.J.S.2C:11-1, of any person; provided, however, the police officer shall not obtain a blood sample from the operator of an autobus involved in an accident resulting in death or serious bodily injury if the police officer determines that the operator of the autobus did not contribute in any way to the accident. A blood sample taken pursuant to this section shall not be taken forcibly or against physical resistance by an operator of an autobus. For the purposes of this section, the terms “autobus” and “operator” shall have the meanings provided in section 4 of P.L.2013, c. 224 (C.56:16-2).