As reported in the Bergen Record, Mr. Frischer was charged with leaving the scene of an accident resulting in death, endangering and injured victim, leaving the scene of a motor vehicle crash and failure to report a motor vehicle crash. The Bergen County Prosecutor’s Office revealed that Mr. Frischer, a building superintendent, was charged in the hit and run accident on Monday that killed Giovanni Rivera, age 42. Mr. Rivera was hit at approximately 7:00 p.m. om Monday evening and was left lying in the street on MacArthur Ave. in Garfield. He passed away at Hackensack University Medical Center on Wednesday morning. The accident occurred near a special needs group home in Garfield. A funeral is scheduled on Saturday in North Bergen.

Read more: Criminal and Traffic Defense Bergen County

Mr. Frischer was apprehended as the result of authorities releasing photographs of a dark colored 1999 Chevrolet Suburban allegedly driven by him at the time of the incident. He was scheduled to appear in Court this morning.

In New Jersey, leaving the scene of an accident resulting in death is a criminal offense and the person charged faces penalties including suspension of driver’s license, hefty fines and even jail. The possible fines range from $2,500.00 to $5,000.00. Jail may be up to six months. The driver’s license suspension can be up to a year for a first time offender and could be a lifetime suspension for a second or third offense.

A violation of NJSA 2C:12-1.2 Endangering an injured victim is a third degree crime. A person is guilty of this offense if he causes bodily injury to a person and leaves the scene of the injury knowing or reasonably believing that the injured person is physically helpless, mentally incapacitated or otherwise unable to care for himself.

Leaving the scene of a motor vehicle crash is a traffic offense in New Jersey and carries with it a mandatory driver’s license suspension of up to six months. Fines range from $200.00 to $400.00 and/or jail up to thirty days.

Failure to report a motor vehicle crash is a traffic offense in New Jersey. The penalties are less severe as compared to leaving the scene of an accident. A driver involved in a crash in New Jersey that results in personal injury or property damage in excess of $500.00 must notify the police of the accident. Failure to do so will result in a fine between $32.00 and $102.00. This offense carries no motor vehicle points. Often times through plea bargaining, the prosecutor will agree to downgrade a leaving the scene of an accident ticket to a failure to report an accident violation.

The message from this tragedy is to never leave the scene of an accident. Nowadays with cameras posted in many locations the police are likely to find and apprehend hit and run drivers. Remain at the scene of an accident and call 911 for emergency assistance.

Criminal arrest

Classification of Crimes in New Jersey

You have probably heard the terms “felony” and “misdemeanor” when discussing serious and less serious crimes. In New Jersey, however, crimes are classified differently. More serious crimes are classified as indictable crimes; less serious crimes are called disorderly person offenses; and the least serious are called petty disorderly person offenses.

Municipal courts hear disorderly person offenses and petty disorderly person offenses. They also hear some less serious indictable crimes. When more serious crimes, such as auto theft or robbery, are filed in Municipal Court, the cases are usually sent to the Superior Court of that county.

Offenses Commonly Heard in Municipal Court

These are some of the offenses often filed in Municipal Court:

• All traffic cases, including DUI/DWI
• Shoplifting
• Resisting arrest
• Petty theft
• Writing bad checks
• Disorderly person
• Drug possession
• Driving while license is suspended or revoked
• Leaving the scene of an accident
• Speeding
• Juvenile offense

Penalties

If convicted, a person charged with a petty disorderly offense can be sentenced to up to 30 days in jail and a fine up to $500. Disorderly conduct and harassment are examples of this type of offense.

A person convicted of a disorderly offense can be sentenced to up to 6 months in jail and a fine up to $1,000. Shoplifting and resisting arrest are examples of this type of offense.

Indictable crimes are punishable by more than 6 months in jail.

The Need for Representation

While most people would not consider representing themselves when charged with a serious indictable crime, many are tempted to do so when facing a disorderly person or petty disorderly person charge.

If you are considering representing yourself in Municipal Court—whether your plan is to plead guilty or not guilty—you should think about discussing your case with an attorney before proceeding.

A conviction can have a negative impact on your life beyond the payment of a fine or even spending some time in jail.

Things to Keep in Mind

If you are unfamiliar with the court system, you may need help navigating the process. Remember that the court staff can assist you with the process, but they are prohibited from offering any legal advice. Without the assistance of an attorney to advise you, you will be on your own.

Accepting a plea may have a consequence of which you are unaware.

A third plea of guilty of unsafe driving, may result in 4 points. If you have already pled guilty to unsafe driving, it is probably advisable to discuss your case with a lawyer.

If the violation with which you are charged is associated with a car accident or other motor-vehicle accident, representation of an experienced attorney is recommended. This is due to the fact that a guilty plea can later be used against you if another party involved in the accident decides to file a civil lawsuit against you.

Expungement

Convictions and arrests—even when the charge is eventually dropped—can remain on your record. A knowledgeable New Jersey criminal defense attorney can help you expunge, or remove, the charge from your record.

Definition of Expungement “Expungement” is defined in New Jersey law as “the extraction and isolation of all records on file…within the criminal justice system.” In simpler terms, it means that the offense is treated for the most part as if it never happened. Even more importantly, you are legally allowed to state that the arrest or conviction never took place.

Records That May Be Expunged If a person petitions the courts to expunge a conviction in New Jersey and the court grants the expungement, then any of these documents that exist relating to that conviction would be eligible to be expunged: complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets,” and judicial docket records.

Why Records Are Not Destroyed Records may be expunged (extracted and isolated) but not actually destroyed because they may be needed in the future. These are some of the reasons: • the person is applying for employment in law enforcement, corrections, or the judicial branch of government; • the person asks for another discharge; • the expungement has been made in error; or • the individual needs proof of the records.

Changes Resulting from the New Law The new expungement amendments contain some very important changes:

1. Drug Court The original bill contained several limitations to the expungement of drug offenses; many of these limitations were eliminated, making it easier to have the drug convictions expunged. In order to get the convictions expunged, an individual must attend Drug Court, and upon graduation is placed on special probation.

The court can deny expungement if it finds that the need to keep the file available outweighs the benefit of expunging it or if the person’s record includes a conviction for a charge that is not eligible for expungement.

If an individual is convicted of a criminal charge after the records are expunged, then the expunged records will be restored and the offender will no longer have the right to petition the court for expungement.

2. Expungement of Crimes There is a standard 10-year waiting period for the expungement of a crime, but this can be decreased to 5 years if the person can show that it is “in the public interest” to do so. This reduction in waiting time is known as “early pathways.”

The change in the law involves cases where the individual was convicted of 1 or 2 disorderly persons charges in addition to being convicted of an eligible crime. Previously, that person could petition the court to expunge only the eligible crime conviction. The new law allows the expungement of 1 or 2 disorderly persons convictions along with the eligible crime.

3. Expungement of Disorderly Persons Offenses If someone convicted of a disorderly persons offense has not been convicted of any prior or subsequent crime—whether in New Jersey or in any other jurisdiction—then he or she may apply to have the conviction expunged.

The new law reduces the waiting period for a disorderly persons conviction to be expunged from 5 years to 3 years. It is still necessary, however, to show that the expungement is “in the public interest.”

4. Expungement of Arrests Not Resulting in a Conviction If an arrest does not result in a conviction, then the individual can petition to have all records of the arrest expunged. The amendment also provides for automatic expungement.

In many instances, the person petitioning for expungement is required to show that it is in the public’s best interest to do so. This can be accomplished in several ways; among those ways are improving one’s education, seeking job training, and participating in a substance-abuse program.

Some Criminal Records Cannot Be Expunged Some crimes cannot be expunged in New Jersey. The following crimes are not eligible: kidnapping, luring or enticing, robbery, criminal restraint, arson, perjury, false swearing, aggravated sexual assault, aggravated criminal sexual contact, criminal homicide (except for death by auto), criminal sexual contact (if the victim is a minor), endangering the welfare of a child (sexual contact or film), drug distribution or possession with intent to sell (except 25 grams or less of marijuana or 5 grams or less of hashish), and charges that are dismissed because of insanity.

When an Experienced Criminal Lawyer May Help The changes in New Jersey’s Expungement Law can help those ex-offenders who want to make a fresh start. In short, the new law gives them a second chance to become productive members of society.

Keeping up with the most recent laws in New Jersey and dealing with the court system can be confusing. If you have been convicted of a crime and think that it is eligible for expungement, it is advisable to seek the advice of a qualified attorney.

Contact Aretsky Law Group for more information and to connect with an experienced criminal lawyer.