Welcome back Judge Douglas K. Wolfson

SUPREME COURT OF NEW JERSEY
It is ORDERED that effective upon the taking of his oath and until further Order, Superior Court Douglas K. Wolfson is hereby assigned to the Superior Court, Criminal Division, Middlesex County (Vicinage 8); this will supplement the 2012-2013 General Assignment Order dated July 3, 2012.

Dated: December 21, 2012 

2C:43-2c Judge may suspend a Driver's license at sentencing

2C:43-2c Judge may suspend a Driver's license at sentencing

c.Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any person convicted of a crime, disorderly persons offense, or petty disorderly persons offense in the course of which a motor vehicle was used. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the severity of the crime or offense and the potential effect of the loss of driving privileges on the person's ability to be rehabilitated.  Any postponement, suspension, or revocation shall be imposed consecutively with any custodial sentence.

2C:52-30 Disclosure of expungement order -disorderly person

2C:52-30  Disclosure of expungement order   -disorderly person
    Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with  knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person.  Notwithstanding the provisions of section 2C:43-3, the maximum fine which can be imposed for violation of this section is $200.00.

2C:52-17. Use of expunged records by agencies on pending petition for expungement

2C:52-17.  Use of expunged records by agencies on pending petition for expungement    Expunged records may be used by the agencies that possess same to ascertain  whether a person has had prior conviction expunged, or sealed under prior law,  when the agency possessing the record is noticed of a pending petition for the  expungement of a conviction.  Any such agency may supply information to the  court wherein the motion is pending and to the other parties who are entitled  to notice pursuant to 2C:52-10.

2C:52-15. Records to be removed; control

2C:52-15.  Records to be removed;  control    If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the agencies which have been noticed of the pendency of petitioner's motion and which are, by the provisions of this chapter, entitled to notice, and shall be placed in the control of a person who  has been designated by the head of each such agency which, at the time of the  hearing, possesses said records.  That designated person shall, except as otherwise provided in this chapter, insure that such records or the information  contained therein are not released for any reason and are not utilized or  referred to for any purpose.  In response to requests for information or  records of the person who was arrested or convicted, all noticed officers,  departments and agencies shall reply, with respect to the arrest, conviction or  related proceedings which are the subject of the order, that there is no record information.

2A:61C-1 Shoplifting, retail thefts, civil action; provided.

2A:61C-1  Shoplifting, retail thefts, civil action; provided.

1.  a.  A person who commits the offense of shoplifting as defined in N.J.S.2C:20-11 or a person who commits the offense of theft as defined in Chapter 20 of Title 2C of the New Jersey Statutes by stealing food or drink from an eating establishment shall be liable for any criminal penalties imposed by law and shall be liable to the merchant in a civil action in an amount equal to the following: 

(1)The value of the merchandise as damages, not to exceed $500, if the merchandise cannot be restored to the merchant in its original condition;

(2)Additional damages, if any, arising from the incident, not to include any loss of time or wages incurred by the merchant in connection with the apprehension of the defendant; and 

(3)A civil penalty payable to the merchant in an amount of up to $150.

b.A parent, guardian or other person having legal custody of a minor who commits the offense of shoplifting  or the offense of theft of food or drink from an eating establishment shall be liable to the merchant for the damages specified in subsection a. of this section.  This subsection shall not apply to a parent whose parental custody and control of such minor has been removed by court order, decree, judgment, military service, or marriage of such infant, or to a resource family parent of such minor. 

c.If a merchant institutes a civil action pursuant to the provisions of this section, the prevailing party in that action shall be entitled to an award of reasonable attorney's fees and reasonable court costs.

d.Limitations on civil action:

(1)Before a civil action may be commenced, the merchant shall send a notice to the defendant's last known address giving the defendant 20 days to respond.  It is not a condition precedent to maintaining an action under this act that the defendant has been convicted of shoplifting or theft. 

(2)No civil action under this act may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise where the merchandise was not recovered in its original condition, plus a sum of up to $150. 

(3)The provisions of this act do not apply in any case where the value of the merchandise exceeds $500.

e.If the person to whom a written demand is made complies with such demand within 20 days following the receipt of the demand, that person shall be given a written release from further civil liability with respect to the specific act of shoplifting or theft.  

2C:33-4 Harassment

2C:33-4  Harassment

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a.Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b.Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c.Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

d.(Deleted by amendment, P.L.2001, c.443).

e.A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.