NJ Misstatement of Fact on an Application to Secure a License Lawyers

Fighting Charges for False Statements on NJ License Applications

In New Jersey, providing inaccurate or false information on applications for professional licenses and certifications can lead to criminal charges. But an experienced lawyer can often get these types of charges dismissed or downgraded through effective legal advocacy.

New Jersey Laws on False License Applications

The main criminal statute covering false license applications in New Jersey is N.J.S.A. 2C:21-4.4. This law states that knowingly making a misstatement of material fact on an application to secure any license issued by a state agency is a disorderly persons offense. Disorderly persons charges in NJ are similar to misdemeanors in other states.

Some examples of professional licenses covered under this statute include:

• Medical licenses (doctors, nurses, therapists)
• Attorney licenses to practice law
• Real estate broker/agent licenses
• Teaching certifications
• Accountant/CPA licenses
• Home improvement contractor licenses

The state agency that issues the particular license will handle any criminal charges related to application misstatements. For example, the New Jersey Attorney General’s Office would prosecute a lawyer charged with license application errors.

Penalties Under New Jersey Law

If convicted under N.J.S.A. 2C:21-4.4, potential penalties include:

• Up to 6 months in jail
• Fines up to $1,000
• Probation up to 2 years
• Community service
• Restitution
• Loss of professional license

However, many first-time offenders can avoid jail time and obtain conditional discharges to keep charges off their records through plea bargains.

Common Examples of Application Misstatements

Some typical examples of inaccurate information on license applications that could lead to charges include:

• Failing to disclose disciplinary actions or complaints
• Omitting criminal convictions or pending charges
• Providing false employment or education history details
• Making up certifications or credentials
• Misstating financial information related to child support
• Using a false Social Security number or identity

But even accidental omissions or exaggerations can potentially be considered misstatements under the law.

Fighting the Charges

An experienced New Jersey criminal defense attorney can employ various strategies to contest misstatement charges, such as:

• Filing motions to dismiss based on insufficient evidence or lack of criminal intent
• Suppressing unlawfully obtained evidence
• Attacking credibility of prosecution witnesses
• Presenting evidence you lacked knowledge of any application errors
• Raising reasonable doubts about materiality of the alleged false information
• Negotiating dismissal through pre-trial intervention

Solid legal arguments combined with affirmative defenses can often achieve charge dismissals or acquittals.

Avoiding Collateral Consequences

Beyond the criminal penalties, application misstatements can also lead to suspension or revocation of professional licenses. An attorney can help negotiate resolutions that avoid loss of licensure, such as:

• Downgrading charges from felonies to misdemeanors
• Entering into conditional discharge programs
• Getting criminal records expunged after probation
• Applying for certificates of relief from disabilities

Preserving your professional reputation and career viability should be the top priority when fighting these types of cases.

The Value of Experienced Counsel

Never try to handle allegations of application misstatements on your own without an attorney. The professional licensing stakes are far too high. Be sure to retain counsel experienced specifically in New Jersey professional licensing laws and criminal defense. Look for a lawyer who:

• Frequently handles license application cases
• Has strong relationships with local prosecutors
• Understands the licensing processes and standards
• Can negotiate effectively with state agencies
• Will fight aggressively to protect your reputation and career

With an attorney like this on your side, you stand the best chance of minimizing damage and avoiding collateral consequences.

Act Fast to Protect Yourself

If you learn you are under investigation or charged with application misstatements, immediate legal representation is critical. Involving an attorney early in the process gives you the most options for achieving charge dismissals and avoiding license suspensions.

Don’t take chances with your professional livelihood – get experienced counsel on your side right away.

References

• [1] Using False Information to Obtain a NJ Driver’s License
• [2] False Information in an Application for a Gun Permit or License
• [3] Ramifications of False Information on a Gun Permit Application in NJ
• [4] Consequences if You Lie on a Gun Permit Application in NJ
• [5] Offering a False Instrument for Filing in New Jersey – 2C:21-3b
• [6] Lying on a Firearms Application in NJ