New Jersey Legal Advice
No, New Jersey is not a community property state. New Jersey is classified as a common law state. The difference between common law and community property systems centers around the property rights possessed by married persons. In a common law system, each spouse owns whatever he or she earns. Under a community property system, one-half of the earnings of each spouse is considered by the other spouse.
The attorney’s primary task is to protect the client’s legal rights and to serve as an objective legal advisor. Attorneys must use their best efforts on behalf of their clients, but they cannot guarantee particular results in cases. The attorney should keep his or her client informed of the status of the client’s legal problem, and should provide copies of all correspondence and documents prepared on the client’s behalf or received from another party. An attorney may not settle the client’s case without the prior approval of the client. An attorney’s conduct must comply with the New Jersey Rules of Professional Conduct.
Yes, you can be absolutely sure that it will be strictly confidential. This is because the Rules of Professional Conduct in New Jersey provide for an attorney-client privilege: the client or prospective client can freely discuss personal and confidential matters with one of our attorneys, paralegals or any other Garces, Grabler & LeBrocq employee without concern that what we are told will “leave the firm”. Even if the client does not ultimately retain us, the information that you provide at the initial conference is still held in strict confidence.
Individuals generally may consult with and be represented by an attorney whenever they choose. The relationship is created by an agreement that the client will pay a fee in exchange for certain services to be provided by the attorney. When an individual hires or retains a particular attorney, and the attorney agrees to represent that individual, an attorney/client relationship is created. The client will be responsible for paying attorney’s fees as set forth in the retainer or fee agreement. In cases involving a claim for personal injury, the client’s responsibility to pay a fee to Garces, Grabler & LeBrocq is contingent on a monetary recovery – no recovery, no fee.
In most cases you can. Of course, you must have a valid driver’s license for you to continue driving while you are waiting for your Court date. Like all criminal matters, you as the driver are presumed innocent until found guilty. However, DUI and DWI charges are among the most serious of all motor vehicle violations. Not only will you be facing a mandatory suspension of your driving privileges if found guilty, but you will have to pay a fine and substantial money surcharges to New Jersey. And, depending on the circumstances, you may also be sentenced to jail time. Finally, if guilty, you can expect your auto insurance rates to increase substantially.
Unfortunately, some individuals are charged with a subsequent Driving While
Intoxicated. If a motorist is charged with a 2nd “D.W.I.” infraction they are
subjected to more severe consequences, some of which are non negotiable. If an individual is convicted of a 2nd “D.W.I.”, they face a monetary fine up to $1,000, shall be ordered to perform community service for a period of 30 days, sentenced to 2 days Jail which can not be served through probation nor suspended but can be extended to 90 days and shall forfeit their right to operate a motor vehicle for a mandatory period of 2 years. In addition, for a 2nd violation of “DW.I.” an individual shall be required to install an ignition interlock device or shall have their registration certificate and plates revoked for 2 years
An individual who is charged with a 3rd Driving While Intoxicated faces extremely dire penal consequences. If an individual is convicted of a 3rd “D.W.I.”, they face a minimum monetary fine of $1,000, shall be sentenced to a term of 180 days in County Jail (of which 90 days must be served prior to making application to serve remaining 90 days at an inpatient alcohol rehabilitation), and shall forfeit their right to operate a motor vehicle for a mandatory period of 10 years. In addition, for a 3rd violation of “D.W.I.” an individual shall be required to install an ignition interlock device or shall have their registration certificate and plates revoked for 10 years.
Garces, Grabler & LeBrocq has New Jersey DWI defense attorneys who specialize in representing persons charged with DUIs and DWIs.
I was injured at work and I am unable to work. Can I receive any payments before my Workers’ Compensation case is settled?
Yes, in almost all cases you can. As long as you were injured at work while in the scope of your employment and you’re under active care by an authorized physician, one of Garces, Grabler & LeBrocq’s workers’ comp attorneys will ensure that you receive the temporary disability benefits to which you are entitled. The weekly amount you receive will depend upon the amount you were making at the time you were injured. You may even be eligible for these benefits if your injury happened away from your workplace. For example, if you were driving somewhere while doing an errand for your boss and were hurt in an automobile accident, you would receive temporary disability payments even if the accident was your fault.
My husband and I are always arguing and I don’t feel our marriage is worth saving. Can I leave home with our children and if I do, will I lose my share of our house?
Yes, while it is legal for you to leave home with your children, you can’t move out of New Jersey with your kids unless you have your spouse’s written permission to do so. And since you are moving from home with minor children, you must inform your spouse of your address and phone number. If you move out, you will not automatically lose your legal interest in the marital home. Equitable distribution of marital property is awarded at the time of divorce. However, these matters are not “cut and dry” and that is why it is best to meet with one of Garces, Grabler & LeBrocq’s family law attorneys – before leaving home if possible – so you can be fully informed of your rights and obligations. Certain matters will need to be resolved such as your spouse’s support obligations and visitation rights. Your spouse also has a right to seek custody of the children or to seek their return to the marital home. Also, if you leave home, it is quite possible that you will not be allowed to return pending final divorce. It is almost always best to resolve these issues by mutual agreement if possible; and it is strongly recommended that you are represented by a lawyer when doing so. However, should your spouse become violent or threaten you with harm, you should call 911 and get a temporary restraining order.
The best way to contact one of our attorneys is either by telephone or by e-mail through our website. If you have a new matter, you can start the process by either clicking on the ‘Contact Us’ tab at the top of our web pages and completing the form, or by calling our toll free number: 1-800-923-3456. You may also visit us at one of our 7 locations; our “Locations” tab is also located at the top of our web pages. Our attorneys specialize by practice areas – Garces & Grabler, P.C. will match you with one of our 18 attorneys based upon the type of representation that you need and the office location that is most convenient for you.
Yes we do provide free consultations for all personal injury cases. We provide free consultations for all automobile accidents, workers’ compensation, medical malpractice, slip & fall practice, wrongful death and all other personal injury cases.
We also offer a free initial consultation on all bankruptcy cases, traffic tickets, criminal defense, expungements, social security disability, employment law, including sexual harassment and workplace discrimination cases.
If your matter involves immigration law, family law, business related issues, or other types of cases, we do charge a nominal consultation fee in order to provide you undivided attention to your serious legal matter.