FAQ

What is considered a criminal offense in New Jersey?

Criminal offenses in New Jersey include a wide range of actions, such as theft, assault, drug offenses, burglary, domestic violence, DUI/DWI, and many others that are outlined in the state's criminal code.

What are the potential penalties for a criminal conviction in New Jersey?

The penalties for a criminal conviction in New Jersey vary depending on the severity of the offense. They can include fines, probation, community service, jail or prison sentences, and sometimes mandatory counseling or rehabilitation programs.

How does the criminal justice process work in New Jersey? 

The criminal justice process in New Jersey typically involves arrest, booking, arraignment, pre-trial hearings, plea negotiations, trial, and sentencing. Therefore, it is crucial to have an experienced criminal defense attorney to guide you through each stage and protect your rights.

Do I need an attorney if I'm charged with a criminal offense in New Jersey?

It is highly advisable to seek the assistance of an experienced criminal defense attorney if you are charged with a criminal offense in New Jersey. An attorney can provide efficient legal advice, build a strong defense strategy, and represent your interests throughout the legal process.

What are the possible defenses in a criminal case? 

Defenses in a criminal case can vary depending on the specific circumstances. They may include lack of evidence, mistaken identity, self-defense, violation of constitutional rights, and other legal arguments. An attorney can evaluate your case and determine the most effective defense strategy.

Can I have my criminal charges dismissed or reduced? 

In certain situations, it may be possible to have criminal charges dismissed or reduced through negotiations with the prosecution or by presenting a strong defense in court. The feasibility of such outcomes depends on the specific facts of your case.

What is the role of evidence in a criminal case? 

Evidence plays a crucial role in a criminal case. The prosecution must present sufficient evidence to prove your guilt beyond a reasonable doubt. Your defense attorney will scrutinize the evidence, challenge its admissibility, and present counter-evidence to weaken the prosecution's case.

Can I appeal a criminal conviction in New Jersey?

Yes, you can appeal a criminal conviction in New Jersey. An appeal allows for a higher court to review the legal proceedings and determine if any errors or violations occurred that may have affected the outcome of your case.

What is the difference between a misdemeanor and a felony in New Jersey? 

In New Jersey, misdemeanors are generally less serious offenses punishable by a maximum of one year in county jail, while felonies are more serious crimes with potential imprisonment in state prison for over one year. Felonies carry harsher penalties and have more severe long-term consequences.

How can a criminal defense attorney help me in my case? 

A criminal defense attorney can provide invaluable assistance by protecting your rights, investigating the facts of your case, negotiating with the prosecution, building a strong defense strategy, representing you in court, and working towards the possible outcome for your situation.

What are the penalties for drug possession in New Jersey?

Penalties for drug possession in New Jersey vary depending on factors such as the type and quantity of drugs involved. They can range from probation and fines to imprisonment, depending on the severity of the offense.

What are the penalties for theft crimes in New Jersey?

Theft crimes in New Jersey can lead to penalties ranging from fines and probation to imprisonment, depending on the value of the stolen property and the specific circumstances of the offense.

What are the penalties for assault and battery in New Jersey?

Assault and battery offenses in New Jersey carry penalties that can include fines, probation, and potential imprisonment, depending on the severity of the assault, the presence of weapons, and any prior convictions.

What are the penalties for DUI/DWI in New Jersey?

Penalties for DUI/DWI in New Jersey can include fines, license suspension, mandatory alcohol education programs, and potential jail time, with severity based on factors such as blood alcohol concentration (BAC) level and prior offenses.

What are the penalties for white-collar crimes in New Jersey?

Penalties for white-collar crimes, such as fraud, embezzlement, or identity theft, in New Jersey can include substantial fines, restitution, probation, and imprisonment, depending on the nature and extent of the offense.

What are the grounds for divorce in New Jersey? 

In New Jersey, divorce can be granted based on fault or no-fault grounds. No-fault grounds include irreconcilable differences and separation for at least 18 consecutive months. Fault grounds may include adultery, extreme cruelty, desertion, addiction, imprisonment, or institutionalization.

How long does it take to get a divorce in New Jersey?

The length of the divorce process in New Jersey can vary depending on factors such as the case's complexity, the level of cooperation between the parties, and the court's schedule. However, it can take several months to a year or longer to finalize a divorce.

What is the process for property division in a New Jersey divorce? 

New Jersey follows the principle of equitable distribution, where marital property is divided fairly but not necessarily equally. The court considers various factors, such as the duration of the marriage, each spouse's contributions, the economic circumstances of each party, and future needs.

How is child custody determined in New Jersey?

Child custody decisions in New Jersey are based on the child's best interests. Therefore, the court considers factors such as the child's relationship with each parent, the parent's ability to provide for the child's needs, and the child's preference (if of sufficient age and maturity).

What is child support, and how is it calculated in New Jersey?

Child support is financial assistance the noncustodial parent provides to the custodial parent for the child's upbringing. In New Jersey, child support is determined using statutory guidelines that consider factors such as the parents' incomes, the number of children, and other relevant expenses.

Can alimony be awarded in a New Jersey divorce? 

Yes, alimony (spousal support) can be awarded in a New Jersey divorce if conditions are met. For example, the court considers factors such as the duration of the marriage, the parties' respective incomes, their standard of living during the marriage, and other relevant factors.

How can I modify child custody or support orders in New Jersey?

Child custody and support orders can be modified in New Jersey if circumstances have changed substantially since the original order was issued. It is advisable to consult with an attorney to determine if your situation qualifies for a modification.

Can I represent myself in a divorce case in New Jersey?

While it is possible to represent yourself in a divorce case, it is highly recommended to seek the guidance of an experienced divorce attorney. A lawyer can protect your rights, help you navigate the legal process, and advocate for your best interests.

Is mediation or alternative dispute resolution available for divorces in New Jersey?

Yes, mediation and alternative dispute resolution methods are encouraged in New Jersey divorces. These processes provide an opportunity for spouses to negotiate and reach agreements on divorce-related issues outside of the courtroom, with the assistance of a neutral third-party mediator.

How can I enforce a divorce decree in New Jersey? 

If your former spouse is not complying with the terms of the divorce decree, you may need to seek enforcement through the court. Consulting with an attorney can help you understand the legal options available to enforce the decree's terms.

What is personal injury law in New Jersey? 

Personal injury law in New Jersey encompasses legal rules and regulations that protect individuals who have been injured due to the negligence or wrongful actions of others. In addition, it allows injured individuals to seek compensation for their damages.

What types of cases fall under personal injury law in New Jersey?

Personal injury cases in New Jersey can include car accidents, slips and falls, medical malpractice, product liability, workplace accidents, dog bites, and more.

What is the statute of limitations for filing a personal injury lawsuit in New Jersey?

In New Jersey, the statute of limitations for personal injury cases is generally two years from the date of the injury or discovery of the injury. Therefore, filing a lawsuit within this timeframe is crucial to preserve your right to seek compensation.

What compensation can I receive in a personal injury case?

If successful in a personal injury case, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, property damage, and other related damages.

How is fault determined in a personal injury case in New Jersey?

The fault is typically determined based on negligence. It must be shown that the responsible party had a duty of care, breached that duty, and caused injury or damages due to their negligence.

Do I need to prove negligence in a personal injury case?

To recover damages in a personal injury case, you generally need to prove that the other party was negligent and that their negligence directly caused your injuries.

Can I still recover compensation if I was partially at fault for the accident? 

New Jersey follows a modified comparative negligence rule. If you are found to be partially at fault for the accident, your compensation may be reduced proportionately to your level of fault. If your fault exceeds 50%, you may not be eligible to recover compensation.

How long does resolving a personal injury case in New Jersey take? 

The duration of a personal injury case can vary depending on factors such as the case's complexity, the extent of the injuries, and the willingness of the parties to negotiate. Some cases can be resolved within months, while others may take years.

Can I settle my personal injury case out of court?

Yes, many personal injury cases in New Jersey are settled out of court through negotiations between the parties. A settlement allows you to avoid the time and expense of a trial.

Do I need a personal injury lawyer for my case? 

While it's not required, having a personal injury lawyer can greatly benefit your case. A lawyer can navigate the legal complexities, gather evidence, negotiate with insurance companies, and advocate for your rights to maximize your chances of obtaining fair compensation.

What is considered a personal injury in New Jersey?

In New Jersey, a personal injury refers to any physical or emotional harm suffered by an individual as a result of someone else's negligence or intentional actions. Examples include car accidents, slip and falls, medical malpractice, and workplace injuries.

What are the potential penalties for personal injury cases in New Jersey?

Personal injury cases in New Jersey typically involve seeking compensation through civil litigation rather than criminal penalties. The potential outcome of a personal injury case can vary greatly depending on the specific circumstances and the extent of the injuries, but it generally involves pursuing financial damages for medical expenses, lost wages, pain and suffering, and other related losses.

What is the statute of limitations for filing a personal injury claim in New Jersey?

In New Jersey, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury or the date it was discovered. It's crucial to file a claim within this timeframe to preserve your rights to seek compensation.

How is fault determined in personal injury cases in New Jersey?

New Jersey follows a modified comparative fault rule, which means that the compensation awarded to an injured party may be reduced if they are found partially at fault for the accident. If the injured party is determined to be more than 50% at fault, they may be barred from recovering any damages.

What should I do if I've been injured in an accident in New Jersey?

If you've been injured in an accident in New Jersey, it's important to take immediate steps to protect your rights. Seek medical attention for your injuries, gather evidence such as photographs and witness statements, report the incident to the appropriate authorities, and consult with a personal injury attorney who can guide you through the legal process and help you seek the compensation you deserve.

What are the basic immigration laws in New Jersey?

Immigration laws in New Jersey, like in the rest of the United States, are governed by federal law. These laws regulate individuals' entry, stay, and status from foreign countries.

What is the process for obtaining a visa in New Jersey? 

The visa process in New Jersey is generally the same as in other states. It involves submitting the appropriate visa application to the U.S. Citizenship and Immigration Services (USCIS) and meeting the specific eligibility requirements for the desired visa category.

What are the different types of visas available for individuals in New Jersey?

There are various types of visas available in New Jersey, including tourist visas (B-2), work visas (such as H-1B or L-1), student visas (F-1), family-based visas (such as K-1 for fiancés or IR for immediate relatives), and more.

Can an undocumented immigrant in New Jersey obtain legal status?

Depending on the circumstances, undocumented immigrants in New Jersey may have options to obtain legal status, such as through marriage to a U.S. citizen, certain employment opportunities, or humanitarian relief.

What rights and protections do immigrants have in New Jersey?

Immigrants in New Jersey, regardless of their immigration status, have certain rights and protections, such as the right to due process, protection against discrimination, and access to certain public services.

Can I appeal an immigration decision in New Jersey?

Individuals who receive an unfavorable immigration decision in New Jersey have the right to appeal the decision to the appropriate immigration authorities or courts.

Are there any immigration consequences for criminal convictions in New Jersey?

Certain criminal convictions in New Jersey can have immigration consequences, including potential deportation or inadmissibility issues. Hence, it is important to consult with an immigration attorney if you have been charged with or convicted of a crime.

How can I become a U.S. citizen in New Jersey? 

The process of becoming a U.S. citizen in New Jersey involves the following:

• Meeting specific requirements, such as having lawful permanent resident status (green card).
• Passing an English and civics test.
• Completing the naturalization application process.

Can I sponsor a family member for immigration in New Jersey?

Yes, eligible U.S. citizens and lawful permanent residents in New Jersey can sponsor certain family members for immigration through family-based visa categories, such as immediate relatives or preference categories.

What is the role of an immigration attorney in New Jersey? 

An immigration attorney in New Jersey can guide and assist with various immigration matters, including visa applications, deportation defense, citizenship applications, and other immigration-related issues.

What are the penalties for immigration violations in New Jersey?

Penalties for immigration violations in New Jersey can vary depending on the specific violation committed. They can range from fines and deportation to imprisonment, depending on the severity of the offense.

Can I be deported for immigration violations in New Jersey?

Yes, if you are found to have violated immigration laws in New Jersey, deportation is a possible consequence. It is crucial to understand and comply with the immigration regulations to maintain lawful status.

What are some common immigration violations in New Jersey?

Common immigration violations in New Jersey include overstaying a visa, working without proper authorization, entering the country illegally, marriage fraud, and engaging in criminal activities.

Can an immigration lawyer help me if I am facing immigration violations in New Jersey?

Yes, consulting an experienced immigration lawyer in New Jersey is highly recommended if you are facing immigration violations. They can assess your situation, explain your rights, and provide guidance on the best course of action.

Are there any waivers or defenses available for immigration violations in New Jersey?

Depending on the circumstances, certain waivers or defenses may be available for immigration violations in New Jersey. These include asylum claims, cancellation of removal, waivers for unlawful presence, and other forms of relief. Consulting an immigration lawyer is crucial to explore your options.

What is bankruptcy, and how does it work in New Jersey? 

Bankruptcy is a legal process that allows individuals or businesses to seek relief from overwhelming debt. It involves filing a petition with the court, which triggers an automatic stay on debt collection activities and the examination of your financial affairs.

What are the different types of bankruptcy in New Jersey? 

The two most common types of bankruptcy for individuals in New Jersey are Chapter 7 and Chapter 13. Chapter 7 is a liquidation bankruptcy that allows for the discharge of certain debts, while Chapter 13 involves a repayment plan based on your income.

How do I qualify for Chapter 7 bankruptcy in New Jersey?

To qualify for Chapter 7 bankruptcy in New Jersey, you must pass the means test, which compares your income to the state's median income. If your income is below the median, you are generally eligible for Chapter 7.

What is the means test, and how does it work in New Jersey bankruptcy? 

The means test is a calculation that assesses your income, expenses, and debt to determine if you have the means to repay your debts. In addition, it helps determine whether you qualify for Chapter 7 or if Chapter 13 is a more appropriate option.

Will bankruptcy stop creditor harassment and collection efforts in New Jersey?

Yes, once you file for bankruptcy in New Jersey, an automatic stay goes into effect, prohibiting creditors from pursuing collection activities, including calls, letters, lawsuits, wage garnishments, and repossessions. 

Will I lose all my assets if I file for bankruptcy in New Jersey? 

In both Chapter 7 and Chapter 13 bankruptcy, exemptions allow you to keep certain assets. These exemptions protect essential items such as your home, car, household goods, and retirement accounts. 

How long does bankruptcy stay on my credit report in New Jersey? 

Bankruptcy can stay on your credit report for up to 10 years in New Jersey. However, you can still rebuild your credit during that time and start improving your financial situation. 

Can I file for bankruptcy independently, without an attorney in New Jersey? 

While it is possible to file for bankruptcy on your own, consulting with a bankruptcy attorney in New Jersey is highly recommended. An attorney can guide you through the complex legal process, ensure you understand your rights and options, and help you achieve the possible outcome. 

Can I discharge all my debts through bankruptcy in New Jersey?

While bankruptcy can discharge many types of debts, certain debts, such as student loans, child support, alimony, and some tax debts, are generally not dischargeable. It's important to consult an attorney to understand which debts can be discharged in your situation.

How long does the bankruptcy process take in New Jersey?

The duration of the bankruptcy process in New Jersey depends on various factors, including the type of bankruptcy, the complexity of your case, and court schedules. Generally, Chapter 7 bankruptcy can be completed within a few months, while Chapter 13 bankruptcy lasts three to five years.

What are the consequences of filing for bankruptcy in New Jersey?

Filing for bankruptcy in New Jersey can have both immediate and long-term consequences. Immediate consequences may include the automatic stay, which halts creditor collection actions, while long-term consequences may include potential impact on credit scores, ability to obtain future loans, and potential loss of certain assets.

Will I lose all my assets if I file for bankruptcy in New Jersey?

Not necessarily. New Jersey bankruptcy laws provide exemptions that allow individuals to protect certain assets, such as a primary residence, personal property, and retirement accounts. The availability and extent of exemptions will depend on the specific circumstances and bankruptcy chapter.

How long will bankruptcy stay on my credit report in New Jersey?

Bankruptcy can stay on your credit report for up to 10 years in New Jersey. However, its impact on your creditworthiness may lessen over time, especially as you take steps to rebuild your credit.

Can I discharge all my debts through bankruptcy in New Jersey?

While bankruptcy can provide relief from many types of debts, certain debts may not be dischargeable, such as student loans, child support, alimony, and certain tax obligations. It's important to consult with a bankruptcy attorney to understand which debts can be discharged in your specific case.

Will I face any legal penalties for filing bankruptcy in New Jersey?

Generally, individuals who file for bankruptcy in New Jersey are seeking debt relief and protection rather than facing legal penalties. However, it's crucial to provide accurate and complete information in your bankruptcy filing to avoid potential legal consequences for fraud or misrepresentation.