Question 1

What happens after a DWI arrest in New Jersey?

Accepted Answer

After a DWI arrest, you will be processed at the police station. You may be asked to submit to a breathalyzer test (the Alcotest). You will receive a summons to appear in municipal court. In most cases, you will be released the same night.
Your first court date is typically within 30 to 60 days. You should hire an attorney before that date. An experienced DWI attorney can review the police report, challenge the evidence, and identify defenses that may lead to reduced or dismissed charges.

Question 2

Can I lose my license for a first-time DWI in NJ?

Accepted Answer

Yes. Under current NJ law, a first-offense DWI with a BAC of 0.08% to 0.09% results in a license suspension until an ignition interlock device is installed for three months. Higher BAC levels carry longer suspension and interlock periods. An attorney can fight to minimize these consequences or challenge the charges entirely.

Question 3

Should I refuse the breathalyzer test in New Jersey?

Accepted Answer

Refusing a breath test in NJ is a separate offense from DWI. A refusal carries its own penalties including license suspension, fines, and mandatory installation of an ignition interlock device. In most cases, refusal does not help your case and can make things worse. That said, there are situations where procedural errors in how the test was administered or requested can be challenged.

Question 4

How much does a DWI attorney cost in NJ?

Accepted Answer

Fees vary depending on the complexity of the case, the BAC level, and whether there are additional charges. We offer free consultations to review your case and provide a clear fee estimate upfront. No surprises.

Question 5

Is it worth hiring an attorney for a speeding ticket?

Accepted Answer

Often, yes. A traffic conviction in NJ carries points on your license. Accumulate enough points and you face surcharges, license suspension, and increased insurance premiums that can cost thousands over several years. An attorney can frequently negotiate a downgrade to a non-point violation, saving you money in the long run.

Question 6

Do I have to appear in court for a traffic ticket in NJ?

Accepted Answer

In many municipal courts, your attorney can appear on your behalf. This means you do not have to take time off work or sit in court waiting for your case to be called. We handle this regularly and can let you know at the consultation whether a personal appearance is required.

Question 7

How many points before I lose my license in NJ?

Accepted Answer

The NJ MVC will send a warning letter when you accumulate six or more points. At twelve or more points, your license may be suspended. Points can also trigger annual surcharges of $150 or more. Keeping points off your record is the most cost-effective approach.

Question 8

What is the difference between a disorderly persons offense and an indictable crime in NJ?

Accepted Answer

New Jersey does not use the terms "misdemeanor" and "felony" in its statutes, but the concepts are similar. Disorderly persons offenses (similar to misdemeanors) are handled in municipal court and carry up to six months in jail. Indictable crimes (similar to felonies) are handled in superior court and carry longer sentences depending on the degree.
Both can result in a permanent criminal record. Both deserve serious legal representation.

Question 9

What is Pre-Trial Intervention (PTI) in New Jersey?

Accepted Answer

PTI is a diversionary program for eligible first-time offenders. If accepted, you complete a supervised program (typically 12 to 36 months) that may include community service, counseling, or other conditions. If you complete PTI successfully, the criminal charges are dismissed. We regularly help clients apply for and receive PTI.

Question 10

Will a criminal charge show up on a background check?

Accepted Answer

Yes, until the charge is resolved or expunged. Even if charges are dismissed, the arrest record may be visible. New Jersey allows expungement of certain charges under specific conditions. We can advise you on whether your record is eligible for expungement and guide you through the process.

Question 11

How long do I have to file a personal injury claim in NJ?

Accepted Answer

New Jersey has a two-year statute of limitations for most personal injury claims. This means you generally have two years from the date of the injury to file a lawsuit. There are exceptions — claims against government entities, for example, have shorter deadlines. Do not wait. Contact an attorney as soon as possible after an injury.

Question 12

Do I need a lawyer for a car accident claim?

Accepted Answer

If you suffered any injury — even one that seems minor at first — you should speak with an attorney before accepting any settlement from the insurance company. Insurance adjusters are trained to minimize payouts. An attorney ensures you receive fair compensation for medical bills, lost wages, pain and suffering, and future treatment.

Question 13

How much does a personal injury attorney cost?

Accepted Answer

We handle personal injury cases on a contingency fee basis. That means you pay nothing upfront. We only get paid if we win your case. Our fee is a percentage of the recovery. We explain the exact terms at the consultation.

Question 14

What if the accident was partially my fault?

Accepted Answer

New Jersey uses a modified comparative negligence standard. You can recover damages as long as you are not more than 50% at fault. Your recovery is reduced by your percentage of fault. For example, if you are 20% at fault and your damages are $100,000, you would receive $80,000.

Question 15

Can my landlord evict me without a court order in NJ?

Accepted Answer

No. In New Jersey, a landlord cannot lock you out, shut off utilities, or remove your belongings without a court order. This is called a "self-help" eviction and it is illegal. If your landlord does this, call us immediately. You have legal remedies.

Question 16

What are my rights if my apartment is in bad condition?

Accepted Answer

Under NJ law, landlords must maintain rental properties in habitable condition. If your landlord ignores repair requests for serious issues — heat, plumbing, mold, structural problems — you have legal options. You may be able to withhold rent into escrow, file a complaint with the health department, or sue for damages. We can advise you on the best approach.

Question 17

Can I be evicted for complaining about conditions?

Accepted Answer

New Jersey law prohibits retaliatory eviction. If your landlord files for eviction within 90 days of you reporting code violations, organizing tenants, or exercising your legal rights, the court presumes the eviction is retaliatory. The landlord must prove otherwise. This is a strong protection and we enforce it regularly.

Question 18

How quickly can I be evicted in NJ?

Accepted Answer

The timeline depends on the grounds for eviction. For nonpayment of rent, the landlord must serve a notice and then file a complaint. From filing to a court hearing is typically two to four weeks. If the court orders eviction, a warrant of removal gives you an additional three business days. An attorney can challenge the eviction at every stage and often negotiate more time or a payment plan.

Question 19

Do I need a will if I do not have many assets?

Accepted Answer

Yes. Without a will, New Jersey's intestacy laws decide who inherits your property. That may not match your wishes. A will also lets you name a guardian for minor children and an executor to handle your affairs. A basic will is more affordable than most people think.

Question 20

What is the difference between a will and a trust?

Accepted Answer

A will goes into effect after you die and must go through probate — a court-supervised process. A trust can go into effect during your lifetime and typically avoids probate, which saves time and money for your heirs. Trusts also offer more control over how and when assets are distributed. We can help you decide which is right for your situation.

Question 21

What is a power of attorney and do I need one?

Accepted Answer

A power of attorney is a legal document that gives someone you trust the authority to make decisions on your behalf if you become unable to do so. There are two types: financial (managing money, property, bills) and healthcare (making medical decisions). Every adult should have both. Without them, your family may need to go to court to get authority to act — a costly and time-consuming process.

Question 22

How long does a divorce take in New Jersey?

Accepted Answer

An uncontested divorce (where both parties agree on all terms) can be finalized in as little as six to eight weeks. A contested divorce involving disputes over custody, assets, or support can take six months to over a year. We work to resolve disputes efficiently while protecting your interests.

Question 23

How is child custody decided in NJ?

Accepted Answer

New Jersey courts decide custody based on the best interests of the child. Factors include each parent's relationship with the child, the stability of each home environment, the child's preference (if old enough), and each parent's willingness to cooperate. The court can award joint or sole custody, legal or physical. We help you build the strongest case for the arrangement that works for your family.

Question 24

Can I modify a child support order?

Accepted Answer

Yes, if there has been a substantial change in circumstances — job loss, significant income change, change in custody arrangement, or change in the child's needs. You must file a motion with the court. Do not simply stop paying. We handle modification petitions regularly.

Question 25

How much do you charge?

Accepted Answer

Fees depend on the case type. DWI, criminal, traffic, and family law cases are typically handled for a flat fee or hourly rate. Personal injury cases are handled on contingency — you pay nothing unless we recover money for you. We discuss fees at the free consultation. No hidden costs. No surprises.

Question 26

Do you offer free consultations?

Accepted Answer

Yes. We offer free initial consultations for most case types. Call (201) 555-0100 or fill out our contact form to schedule yours.

Question 27

What areas do you serve?

Accepted Answer

Our office is in Springfield, NJ. We serve clients throughout Springfield, Ridgefield, Bergen County, and communities across New Jersey. We regularly appear in municipal courts and superior courts throughout the state.

Frequently Asked Questions

Every situation is different.