The main differences between aggravated and simple assault in New Jersey are the severity of the injury caused by the offense and the degree of charges. Simple assault is a more minor crime charged as a disorderly person’s offense. Aggravated assault is serious and charged as an indictable offense.

What Are Some Examples of Aggravated Assault?

Aggravated assault can involve circumstances such as:

• Shooting another person
• Assaulting someone from a protected class, such as a person with a physical disability
• Striking or threatening to hit a person with a dangerous weapon or object
• Threatening violence with concealed identity
• Threatening to shoot someone while pointing a gun at them
• Attacking and leaving a person with broken bones or severe lacerations

What Are Some Examples of Simple Assault?

Some examples of simple assault can include:

• Forcefully grabbing a person’s arm or wrist and twisting it to inflict pain
• Throwing an object at someone, causing scratches, cuts, or bruises
• Threatening to slap a person and approaching them with an angry appearance and ready to punch
• Shoving someone down or against their will
• Pulling a person by the hair

What Are the Differences Between Bodily Injury and Serious Bodily Injury?

Assault can involve bodily injury or serious bodily injury. The degree of injury determines whether to charge someone with simple assault or aggravated assault.

Bodily injury can include:

• Illness
• Physical pain
• Impairment of physical condition

Serious bodily injury is an injury such as:

• Serious injuries
• Permanent disfigurement of a body part
• Loss of function or impairment of an organ
• The risk of death

Is Aggravated Assault Considered a Felony?

Aggravated assault is an indictable crime in New Jersey, often called a felony in other states. The charge can be of the second, third, or fourth degree, depending on the circumstances of the crime.

What Are the Penalties for Aggravated Assault?

Sentencing for aggravated assault depends on whether the crime is a second, third, or fourth-degree indictable offense:

• Fourth-degree indictable offense – Up to 18 months in prison and a $10,000 fine
• Third-degree indictable offense – 3 to 5 years in prison and up to a $15,000 fine
• Second-degree indictable offense – 5 to 10 years in prison and up to a $150,000 fine

Criminal penalties can also include:

• Court fees and costs
• Paying restitution to the victim
• Community service
• Probation
• Anger management, drug abuse, or alcohol abuse counseling

Contact a New Jersey Criminal Defense Lawyer

The Law Office of Jason A. Volet will fight by your side to get the charges against you dropped or reduced. Our team will dedicate significant time and effort to try to reach the best possible result in your case.

If you face a simple or aggravated assault charge, contact our law firm today for a confidential consultation to learn how we can help.

Visit Our Criminal Defense Law Offices

Sometimes your best option when facing criminal charges is to plead guilty and accept an agreed-upon sentence. This is known as making a plea agreement, or “taking a plea.” In some cases, a plea bargain includes an agreement to plead guilty to one charge in exchange for the prosecutor dropping other charges. For the defendant, the objective of a plea bargain is to ensure as light punishment as possible.

An individual facing criminal charges may agree to a plea bargain because he or she expects a guilty verdict at trial. A prosecutor may offer a plea bargain to avoid the time and expense of going to trial. A prosecutor may propose a plea bargain involving lesser charges because a guilty verdict at trial is uncertain. In some cases, such as with a first-time offender or a juvenile, a guilty plea with a recommended sentence may be the best path to rehabilitation. Criminal defense attorney Jason Volet at The Law Office of Jason A. Volet has experience helping young people charged with juvenile offenses navigate the juvenile justice system.

Regardless of the reason, if you are facing criminal charges in Monmouth County or Middlesex County, you should have the benefit of an experienced criminal defense lawyer when considering a plea offer made by a New Jersey prosecutor.

Should You Accept a Plea Bargain in New Jersey?

A person charged with a crime may be willing to confess their guilt for that crime if the prosecutor is willing to offer a reduced sentence. This agreement is known as a plea bargain, as a person agrees to accept penalties for their involvement in a crime while the prosecution often agrees to provide lesser charges or penalties. A plea bargain is well-suited for defendants who are willing to admit their guilt or are looking for a more definitive way to reduce the possibility of long-term jail sentences.

So, should you accept a plea bargain: In some cases, it may be wise for a defendant to accept a particularly attractive plea bargain offered by a prosecutor.

These circumstances may include the following:

• When a defendant wants to confess.
• When a defendant would rather accept a lighter sentence.
• When a plea bargain significant cuts down charges.

A knowledgeable criminal defense attorney can work with a defendant to figure out whether they should accept a prosecutor’s offers or not. In some situations, a person may not necessarily realize the full scope of the bargain without the assistance of an experienced attorney to help them.

If you have to negotiate a plea bargain, you will need the assistance of an attorney experienced with the law and with the local courts. It is often the established working relationships between defense attorneys and prosecutors that allow them to listen to each other and come to beneficial plea bargain agreements.

A defense attorney at The Law Office of Jason A. Volet can advise you about criminal charges you face in Monmouth County and Middlesex County, New Jersey, and municipal courts within those counties. Prior to his 15-plus years as a defense attorney, Jason was a former county assistant prosecutor in the Monmouth County Prosecutor’s Office.

His in-depth knowledge of the criminal justice system and experience with the type of strategic thinking employed by prosecutors provides him with invaluable insights to use in developing effective defense tactics, including the consideration of plea bargain offers when appropriate.

Jason Volet is an aggressive criminal defense attorney who fights for the rights of those accused of criminal offenses. He uses his knowledge gained as a former county prosecutor to the advantage of his clients.

When Should a Defendant Consider a Plea Bargain in New Jersey?

The Law Office of Jason A. Volet can seek to arrange a plea agreement in criminal cases involving:

• Traffic violations
• Juvenile crimes
• Drug possession
• Theft
• Assault
• Threat crimes
• Domestic violence
• White-collar offenses
• Crimes on the internet
• Others as facts and evidence allow.

A plea bargain is more likely when the case involves:

• Questionable evidence of guilt
• A first offense
• No one badly injured
• No wanton or extensive property damage
• Remorse from the defendant
• Willingness to pay restitution (as appropriate)
• No objection from the victim.

In a plea agreement, the prosecutor’s recommendation may be that the defendant receives probation, a lesser fine, a reduced jail term, or a certain maximum sentence in exchange for a guilty plea. In some instances, charges against the defendant may be downgraded or dismissed as part of a plea bargain.

Defendants entering a plea must sign a statement certifying that they understand the plea and are entering into the agreement voluntarily and without pressure from the prosecution or their own attorney. There is an additional form for sexual assault pleas, which ensures the defendant understands some of the harsher penalties for sex crimes, including registering as an offender.

Regardless of what prosecutors and criminal defense lawyers have negotiated, the presiding judge in Monmouth County Superior Court must also agree to hand down the arranged sentence.

If the judge thinks the terms of a plea bargain are too lenient, he or she can reject the plea deal and order the prosecution and defense parties to renegotiate the terms or order the case to trial. However, it is up to the prosecutor to decide what charges will be brought against a defendant.

An order from the New Jersey Attorney General’s Office provides that no plea agreements are to be made in DWI (drunk driving) cases, DWIs in school zones, and cases of refusing to submit to a sobriety test after a DWI arrest.

For certain other criminal offenses, New Jersey law prescribes minimum mandatory penalties. A judge may reject a plea agreement for such charges unless the prosecuting attorney represents that the possibility of a criminal conviction is so remote that the interests of justice require the acceptance of a plea to a lesser offense.

Am I Obligated to Accept a Plea Bargain?

Research says that more than 90 percent of criminal cases that end in convictions are decided by plea agreements. A proper plea agreement must protect the rights of the defendant and represent the best available outcome to the case for the defendant. Accepting a plea bargain must be the defendant’s choice after being advised of all the facts and options available.

New Jersey is one of the country’s leaders in emphasizing rehabilitation instead of punishment for criminal offenders and has established several diversion programs as alternatives to jail for those who qualify.

It is highly likely that a plea bargain leading to a more lenient sentence and/or lesser charges can be arranged if a guilty plea is the unavoidable outcome of a criminal case against you.

Contact an Experienced Criminal Cases and Plea Bargains Attorney in New Jersey

Contact The Law Office of Jason A. Volet for a free consultation about your case. Jason A. Volet has more than 2,000 criminal cases under his belt as a defense attorney and prosecutor. Whether handling charges involving drug crimes, violent crimes, or disorderly person offenses, he is an effective criminal defense attorney. He fights aggressively for the rights of accused clients throughout Monmouth County and Middlesex County in New Jersey.

Fill out our online contact form or call us at (732) 491-8477 for a free initial consultation. Speak to a New Jersey criminal defense lawyer at the law firm of Jason A. Volet who can arrange the best possible outcome for your case.

If you have been arrested for a crime in New Jersey or expect to be indicted, you need a criminal defense attorney right away. The main thing to understand about the New Jersey criminal justice process is that it is set up to find you guilty. If you are found guilty of a crime in New Jersey, you will face an expensive fine and may go to prison.

There are ways to avoid a guilty verdict and a prison sentence in many cases. You need the best criminal defense attorney in New Jersey. The experienced criminal defense team at the Law Office of Jason A. Volet will do everything legally possible to obtain the best possible outcome for you. But you need to contact us without delay.

What is the Investigation Stage for a New Jersey Crime?

If a police officer sees you commit a crime or is called to the scene of a crime and is told you did it, you’ll most likely be arrested. If you are under investigation for a crime, investigators proceed as if you committed the crime.

Investigators gather and examine victim and witness statements, photographs from the crime scene, fingerprints, DNA, security camera footage and/or other pieces of evidence to see how it supports the theory that the suspect committed the crime.

The courts presume you are innocent until proven guilty, but police and prosecutors look for evidence that proves you are guilty.

Preparing a Criminal Complaint for a Crime Committed in New Jersey

Once investigators believe they can establish probable cause that their suspect committed a crime, they draft a criminal complaint. A law enforcement officer must state their case and sign the complaint under oath. They may attach a witness’s affidavit, which is a sworn statement.

A criminal complaint leads to:

• A summons to appear in municipal court if it is a minor offense, or
• An indictment and an arrest warrant for a serious offense, such as murder, robbery, arson, burglary, or drug crime.

Arresting a Suspect for a New Jersey Crime

Once a warrant is issued, police are dispatched to arrest the suspect. Police should state the charges against the individual and their Miranda Rights, including their right to not answer questions and their right to an attorney.

Police are only required to advise a suspect of their Miranda Rights if they intend to interrogate that person under custody. If you are questioned by police, it is important to inform the police that you wish to speak to an attorney. Do not respond to police questions on your own or attempt to talk your way out of an arrest. You should state clearly that you want to speak with an attorney before answering any questions.

Initial Appearance in New Jersey Court

If you are arrested and held in jail, your initial appearance before a judge must occur within 48 hours. If you have been issued a summons, it will say when you must appear. If you fail to go to court at the appointed time, the judge will issue a warrant for your arrest.

During a first appearance, the judge will set the conditions of pretrial release for eligible defendants, order pretrial detention in certain cases, or set bail. You don’t have to have an attorney at a first appearance, but an NJ criminal defense attorney can increase the likelihood of your release.

What Is An indictment by Grand Jury?

Unless the judge or prosecutor dismisses a Superior Court case, downgrades the charges to Municipal Court, or agrees to a diversion program, the prosecutor must present the case to a grand jury. The grand jury, which is made up of ordinary citizens, decides whether the prosecutor has enough evidence to indict the defendant.

The grand jury may vote to indict as the prosecutor requests, indict the defendant on a less serious charge, or decline to indict, which requires the prosecutor to dismiss the charges.

Neither the defendant nor the defendant’s attorney appears before the grand jury — only the prosecutor does. Typically, a prosecutor only goes before a grand jury when the prosecutor is confident of obtaining an indictment.

Pre-Arraignment Conference and Arraignment

Prosecutors must show the evidence they plan to use against a defendant at the pre-arraignment conference. This must happen within 21 days of the indictment. Within 50 days of the indictment, the defendant faces a formal arraignment, at which time the charges are read and the defendant pleads guilty or not guilty.

The defense attorney gets its first full understanding of the prosecutor’s case at the pre-arraignment conference. Prior to this, the defense attorney should have conducted their own investigation and should know most if not everything that the prosecutor does. At this point, the criminal defense attorney and prosecutor may seek to resolve the case through a plea agreement, if appropriate.

Trial in New Jersey Courts

Most criminal cases do not go to trial. By law and practice, New Jersey courts would rather get defendants into a diversionary program. Prosecutors would rather come to an agreement on a plea bargain, if available. Many cases are simply dismissed because the defense attorney can point out holes in the prosecution’s case.

Defendants have a constitutional right to a jury trial but may choose to be tried by a judge. Your attorney would discuss any advantages to a bench trial with you.

Because the prosecutor is bringing charges against the defendant, the prosecution presents its case first. They may present witnesses and other evidence. When the prosecution finishes, the defense may present witnesses and evidence to rebut the prosecution’s case. Each party has an opportunity to question the other’s witnesses when they are first presented.

This is when “innocent until proven guilty” applies. The defense doesn’t have to prove innocence. It is up to the prosecutor to prove guilt. To return a guilty verdict, the judge or a unanimous jury must decide that the prosecutor has proven guilt beyond a reasonable doubt. Anything less, and judge or jury must declare the defendant “not guilty.”

Sentencing for a New Jersey Crime

If a defendant is found guilty, the judge will set a date to pronounce the sentence. The judge will also order a presentencing investigation, which will advise the judge as to the circumstances of the crime, the defendant’s criminal record, family and home life background, and alcohol and drug use history.

Some criminal offenses, such as using a gun during a robbery, require prison sentences that are defined by law, if the accused is found guilty. But in most cases, sentencing judges have some discretion in handing down prison time, fines, or probation.

How Can a Criminal Defense Attorney in New Jersey Help Me?

Anyone charged with a crime has the Constitutional right to a robust legal defense. This means the right to a defense attorney who will explore every possible avenue to obtain a not guilty verdict or the most favorable outcome available to the defendant. In addition to the knowledge and experience required to provide that level of legal representation, a criminal defense attorney must have the willingness to go the extra mile and have professional relationships that ensure that when they advocate for their clients, their arguments are given due consideration by prosecutors.

Defense attorney Jason A. Volet is a former assistant prosecutor in Monmouth County who has been certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. His focus on criminal law allows him to understand the practical aspects of the law in their finest detail and refine his defense strategies. This in-depth knowledge can make all the difference in your case.

Contact the Law Office of Jason A. Volet at 732-491-8477 to speak to a knowledgeable eNew Jersey criminal defense attorney about your case today.

If you have received a ticket for a traffic violation or have been released on bail or bond after an arrest, you are will be required to appear in court on an appointed date. If you fail to appear in court as scheduled in New Jersey, you may be arrested and jailed, and punished by fines and revocation of your driver’s license. If you face serious criminal charges, you can expect to be held until your rescheduled court date.

After missing a court date, the best thing you can do to help yourself is to hire a criminal defense lawyer to represent you. In New Jersey, the Law Office of Jason A. Volet can help you develop a defense to the charges you are facing and address the issue of a missed court appearance.

Attorney Jason Volet is a former prosecutor in New Jersey courts. Since becoming a criminal defense attorney more than 15 years ago, he has helped many clients resolve criminal charges with the least impact on their lives. Contact the law offices of  Jason Volet today to learn how he can protect your rights. Call or fill out our online contact form now.

New Jersey Law and Failure to Appear in Court

Failure to appear in court to address an offense of any kind complicates your legal problems. You may be reprimanded by the judge, arrested, and fined. You may lose your driver’s license. Having a failure to appear on your record will weigh against granting you bail if you are arrested in the future. When you do appear in court, you will be on the judge’s bad side for having previously wasted the court’s time and resources.

New Jersey Court Rule 7:8-9 says that upon any defendant’s failure to appear in court, the judge may issue a bench warrant or an order for the defendant’s arrest. A defendant arrested on a bench warrant for failure to appear is normally jailed until bail is posted.

In any case of failure to appear, the court may fine the defendant up to $100 for consequences of magnitude or up to $25 for parking offenses and $50 for all other matters. When weighing a fine, the judge is to consider:

• The defendant’s history of failure to appear
• The defendant’s criminal and offense history
• The seriousness of the offense
• The resulting inconvenience to the defendant’s adversary and to witnesses in the case.

The consequences for failure to appear in court differ in New Jersey Municipal Court, which handles traffic and parking tickets and violations of local ordinances, and in New Jersey Superior Court, which hears indictable criminal offenses.

Traffic Tickets. New Jersey Municipal Court judges have the option of issuing a bench warrant for the arrest of a defendant who has failed to appear in court for a traffic ticket or mailing the defendant a failure to appear notice with a reminder with a new court date. It’s more likely they’ll send a reminder, but the court can and likely will issue a bench warrant for a second failure to appear.

If the court doesn’t issue a bench warrant for failure to respond to a parking ticket, the New Jersey code says the court shall report it to the Motor Vehicle Commission, which can suspend the defendant’s driver’s license. Even if the court issues a warrant, it can also have the defendant’s license suspended. A suspension remains in effect until the outstanding traffic ticket is resolved.

Parking Tickets. The municipal court must send the defendant a failure to appear notice for failing to show up for court on a parking ticket.  Even for failure to appear for a parking ticket, the court may have the Motor Vehicle Commission suspend the defendant’s drivers’ license until the matter is resolved.

Other Municipal Offenses. For violations of minor municipal ordinances, New Jersey law allows cases to proceed even without a defendant’s appearance. If a defendant fails to appear after being notified of a missed court date, the judge may hear and rule on the case. With no one but the prosecutor addressing the charges, a guilty verdict is a certainty.

Superior Court Criminal Cases. In addition to issuing a bench warrant for failure to appear and a fine, a New Jersey Superior Court judge may order the defendant’s driver’s license suspension and any bail or bond posted to be forfeited.

A defendant who repeatedly fails to appear in Superior Court for an indictable offense without a valid reason may be charged with bail jumping (NJ Rev Stat § 2C:29-7), which is a third-degree offense punishable by 3 to 5 years in prison and a fine of up to $15,000. A bail jumping charge may also be prosecuted for repeated failure to appear for lesser charges.

How to Beat a Failure to Appear in Court in New Jersey

It is very much up to you to show why you should not be punished for failure to appear in court. A judge may find you guilty if he or she finds that there is sufficient evidence you had proper notice of the trial date and you intentionally did not come to court.

However, you may escape punishment if you can present witness testimony or a valid excuse for failing to appear in court, such as:

• Not being notified of the court date and time
• A previously scheduled court appearance
• Being hospitalized or incapacitated by a serious accident or illness
• A death in your family

What Excuses Will Not Work to Beat a Failure to Appear in Court In New Jersey?

Based on our experience representing many defendants, we can assure you that you will not succeed by telling the judge:

• You forgot
• You had to work
• You were stuck in traffic
• Your car broke down
• You moved and forgot to notify the court of your address change.

While New Jersey courts are conducting most matters remotely due to COVID-19, court cases are proceeding. Judges can schedule in-person proceedings if the facts and circumstances in a case warrant it. If you have received a ticket or summons to appear in court, you should make arrangements to appear or speak to an attorney about the circumstances that prevent you from attending court.

Contact a New Jersey Defense Attorney

Regardless of the circumstances, you should ask an attorney to assist you if you have missed a court date in New Jersey or you anticipate being unable to attend court as ordered. The Law Office of Jason Volet in Freehold and Neptune, NJ, can advise you, and help you resolve penalties related to a failure to appear in court.

Fill out our online form or call us to speak to an experienced New Jersey criminal defense lawyer at our law firm about your case now.

The outcome of a criminal proceeding involving a child can vary drastically depending on whether the individual is tried as a juvenile or as an adult. The New Jersey juvenile and adult court systems both handle cases involving serious offenses. But there are notable differences between the two systems. If your child has the option of being tried as a juvenile or an adult, it may be in the young person’s best interest to be tried as a juvenile.

The criminal justice system, whether for adults or juveniles, can leave a person facing serious consequences. The sentences handed down may include a variety of penalties. But New Jersey’s juvenile justice system puts an emphasis on rehabilitation, alternate sentencing, and consideration of the child’s best interests.

What are the Differences between Juvenile and Adult Courts?

If your child has a pending juvenile matter, as a parent, you should understand the differences in the adult and juvenile justice systems in New Jersey. The following differences in how juvenile and adult courts administer justice:

• Trial by Jury—Adults who are arrested and face criminal charges in New Jersey have a constitutional right to a trial by a jury. Most criminal trials involving adults are conducted in open court and the records of the proceeding are public records. A trial in adult court carries the potential for more serious penalties upon conviction.
• Trial by Judge—Juvenile cases involving criminal offenses is decided by a judge in the Family Division of Superior Court. Juveniles do not have a right to a jury trial in the juvenile justice system. Juvenile hearings are generally not open to the public, and juvenile records are kept private. The idea is that a young person should not have to bear the public stigma and consequences of a brush with the juvenile justice system for the rest of his or her life. A criminal record, if public, could limit future education and work options for the young person.
• Juvenile Court Sentence—New Jersey’s juvenile code allows judges a wide range of dispositions in cases of a child found to have committed a juvenile offense and adjudicated delinquent. The most common disposition is probation supervision. The judge may order your child to serve probation and fulfill other requirements. For example, a juvenile may be ordered to perform community service, pay financial restitution or enter a counseling or treatment program. Depending on the seriousness of the offense, many first-time juvenile offenders may qualify for a deferred disposition. If the child complies with the requirements of the deferred disposition and stays out of trouble, he or she may avoid having a juvenile record altogether. In certain serious cases, a youth offender adjudicated delinquent may be incarcerated in a Juvenile Justice Commission institution. The goal of New Jersey’s juvenile justice system is to offer programs to rehabilitate young people rather than punish them.
• Adult Court Sentence—If a juvenile case is transferred to adult court, the child will be treated in the same manner as an adult. The child may be held in an adult jail and, if convicted, face the same sentences as an adult. A prosecutor may seek to have a juvenile case involving serious charges of murder, sexual offense, armed robbery, or other crimes involving firearms, transferred to adult court for prosecution because a conviction in adult court will in all likelihood carry harsher penalties. A juvenile must be at least 14 years old for the case to be considered for transfer to adult court. If sentenced to incarceration in adult court, the child may serve the sentence in an adult prison or in some cases in a juvenile facility.

Young people who are 14 and older may elect to have their case transferred to adult court. But before any decision is made, the parents or guardian of the young person should consult with an experienced N.J. criminal defense lawyer to assess what is in the best interest of the young person.

• Adult Records Can Be Difficult to Expunge—Our law office frequently receives inquiries about whether an individual is eligible to have his or her criminal record expunged. The answer is “Maybe.” Not all convictions are eligible for expungement. There are a number of factors that will determine whether a criminal record can be expunged such as the individual’s prior record, the number of offenses on the record, how long ago the incidents occurred, and whether there have been more recent changes. It can be a lengthy process for an adult to have a criminal record expunged.
• Juvenile records may be sealed—Your child’s juvenile record should be kept sealed and only accessible to law enforcement and judicial agencies unless the child has been found guilty of a juvenile offense that would be a serious first-, second-, or third-degree offense if charged as an adult. Your child’s juvenile record may be expunged five years after the child’s release from custody or end of supervision, depending on the nature of the offense.

NJ juvenile crimes attorney, Jason A. Volet, a former Monmouth County prosecutor, can offer trusted legal representation if your child has been accused of committing an offense, such as drug offense, shoplifting, robbery, underage drinking, assault, or a sexual offense.

Jason Volet understands how New Jersey’s juvenile justice system works and how its focus is on rehabilitating wayward young people rather than punishing them. As a juvenile defense attorney, he is dedicated to assisting people like your child. He is among a select group of N.J. lawyers certified by the Supreme Court of New Jersey as a Criminal Trial attorney in recognition of his knowledge and experience in this area of law. He will work to achieve the best possible outcome if your child has been charged with an offense.

Call (732) 491-8477 to reach The Law Office of Jason A. Volet or contact us online to schedule your free and confidential initial legal consultation.

New Jersey is close to the center of the global coronavirus pandemic, a fact that already has legal consequences. State officials enacted sweeping limits on movements and business activities in New Jersey. On March 21, Governor Phil Murphy signed an executive order (Executive Order No. 107) that instituted a statewide “stay at home order.”

Like many of us, you may not be entirely sure of what you’re allowed to do and what is considered a violation of the new rules. Of course, public safety and your health are incredibly important. But so are your rights.

If you’ve been accused of breaking quarantine rules in New Jersey, The Law Office of Jason A. Volet is ready to defend you. Mr. Volet’s years of experience in New Jersey courts have prepared him to help you in this crisis. Call today for a free consultation.

What Are the Current New Jersey State Orders Regarding COVID-19?

As of March 21, all public gatherings are banned and many businesses are required to close. Essential services, including healthcare facilities, grocery stores, restaurants (takeout and delivery only), pharmacies, gas stations, pet stores, liquor stores, laundromats, among others, are allowed to remain open. You’re required to wear a mask and keep six feet away from other people when inside any business.

The order also requires operating businesses, even essential ones, to facilitate remote work-from-home arrangements as much as possible. New Jersey residents must stay home at all times. Under the order, the only exceptions to this are “obtaining essential goods or services, seeking medical attention, visiting family or close friends, reporting to work, or engaging in outdoor activities.”

What Are the Penalties for Not Following Quarantine Rules?

It’s a good idea to follow the stay at home orders and social distancing guidelines, for your health and safety and that of your family, as well as to avoid serious legal penalties.

Violating coronavirus restrictions in New Jersey can result in criminal charges, fines, and even jailtime. Depending on the circumstances, you may be charged with a disorderly persons charge, which could cost you a $1,000 fine and up to six months in jail.

As some people in New Jersey have discovered, you may face additional charges in specific circumstances. For example, if there are children present, you could be accused of child endangerment. Acting belligerently or fleeing could result in a charge of resisting arrest.

If you are accused of illegally gathering or conducting business, you should cooperate with authorities so that they don’t accuse you of anything else.

Are There Exceptions to the Quarantine Rules in New Jersey?

Governor Murphy’s executive order does allow you to leave the house for specific reasons. Some of these are obvious. If you work at a hospital, grocery store, or other essential service, you can go to work. You can also run essential errands, like shopping for the food or home improvement supplies you need.

Some of the exceptions are a bit more surprising. You can exercise outside, and engage in “outdoor activities” like hiking. Playing team sports, however, would fall under the ban. The order also says that you can “visit family or close friends.” Since this provision is so vague, you may be tempted to throw a party for all of your “close friends.” Be careful, because gatherings of any size are still prohibited and you and your friends could face disorderly person charges.

How Long Will the Quarantine Stay in Effect?

As of April 2020, officials have not designated an official end date for New Jersey’s quarantine.

Governor Murphy is working with several other regional leaders, including Governor Andrew Cuomo of New York and Governor Ned Lemont of Connecticut. They will coordinate their efforts to reopen the states so that the region lifts restrictions in concert.

New Jersey residents can expect the quarantine to continue through May 2020. If Covid-19 cases drop significantly, Murphy will loosen the requirements. Check official New Jersey state announcements to confirm any changes before you break quarantine.

Can I Get in Trouble If I Cough on Another Person During Quarantine?

Recently, a few New Jersey residents have purposefully coughed on members of the public and police officers. One woman told police that she was COVID-19 positive. As a consequence, she was charged with making a terroristic threat during an emergency, aggravated assault on an officer, and several other crimes.

Needless to say, these charges should be reserved for people behaving aggressively on purpose. You should not be charged with a crime just for coughing. If you are accused with reckless endangerment, or some other crime as a result of coughing in public, you have the right to mount a legal defense. The Law Office of Jason A. Volet can help you defend your rights.

What Should I Do If I Am Caught Violating the Quarantine Rules?

If you’re running an essential errand, exercising, or visiting family, remember that you’re not actually violating New Jersey’s stay-at-home order. Stay calm and explain your situation.

The police officer may be in the wrong. If so, you’ve got good reason to contact a talented criminal defense lawyer, like Jason. A. Volet. He is ready to mount a defense on your behalf that lays out exactly why you’re not guilty.

If, after explaining why you’re out and about, a police officer arrests you, remember you have the right to remain silent. You can be polite and identify yourself, but you don’t need to self-incriminate by talking about every detail of your day.

Never respond to an arrest or police officer’s accusation by arguing. The police may add an additional charge if they think you’re resisting arrest or are drunk and disorderly. The best way to fight your charge is to hire an experienced criminal attorney to defend you.

Contact The Law Office of Jason A. Volet for a Free Consultation

During these uncertain times, it natural to be stressed, confused, and frustrated. These emotions can cause normal people to unexpectedly or unintentionally violate the stay-at-home orders and find themselves in trouble with the law. If this has happened to you or someone close to you, don’t hesitate to contact The Law Office of Jason A. Volet to discuss your rights and options.

Our experienced attorneys will be ready to schedule a free, remote consultation. It’s absolutely confidential, and we’ll do everything in our power to minimize the impact this charge will have on your life and livelihood. Call us or schedule your free consultation online today.