Hit and Run Laws in New Jersey

Leaving the scene of a crash (hit and run) is a motor vehicle offense under Title 39 and can also be a crime. Leaving the scene of a crash involving only damage to a vehicle or property: a fine of not less than $200 nor more than $400, or imprisonment of not more than 30 days, or both, and loss of driving privileges for six months for a first offense; for a subsequent offense a fine of not less than $400 nor more than $600 or imprisonment of not less than 30 days nor more than 90 days or both, and loss of the license for one year (R.S. 39:4-129(b)). Leaving the scene of a crash causing injury or death: a fine of not less than $2,500 nor more than $5,000, or imprisonment for 180 days, or both, and forfeiture of the license for one year for a first offense and permanently for a subsequent offense (R.S. 39:4-129(a)). Knowingly leaving the scene of a crash that results in serious bodily injury is a crime of the third degree (§ 2C:12-1.1), and one that results in death is a crime of the second degree (§ 2C:11-5.1).

New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1

Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Jersey expungement and record sealing rules.