Bradley Beach Lawyer

The Difference Between a DWI and a Refusal

gavel legal scalesNew Jersey law mandates that you submit to a breath test when suspected of drunk driving. By receiving your NJ driver’s license, you give “implied consent” for this test if you are arrested for a DWI. If you refuse the breath test, you will be charged with refusing to submit. When you verbally consent to the test, you must be clear and explicit, since ambiguous answers or attempts to negotiate with the officer are considered refusals.  If you refuse a breath test, you will face the same, or harsher, loss of driving privileges as if you had been found guilty of a DWI offense.  These offenses include fines, loss of driving privileges, community service and more. If you are charged with a DWI or refusal to submit in Bradley Beach, please call to speak with the experienced Bradley Beach Municipal Court attorneys of Villani & DeLuca at (732) 965-3350. Effective legal representation may result in reduced charges, helping you avoid serious penalties such as jail time.

Getting a Conditional Discharge in Bradley Beach, NJ

If you are charged with a disorderly persons offense involving drugs or drug paraphernalia, you may be eligible for a conditional discharge under New Jersey Statute N.J.S.A. 2C:36A-1.  Should you be accepted into Bradley Beach Municipal Court’s conditional discharge program, you will be allowed to avoid conviction under a set of probationary conditions. If any of the imposed conditions are violated, the full sentence will be reinstated.

These conditions include not failing any mandated drug tests and not being arrested during the probationary period. Also, keep in mind that you are only eligible for a conditional discharge if you have not had a previous drug-related conviction in any state, or have not previously been granted a conditional discharge. There are also various fees to be paid, and you may have your driving privileges suspended for 6 to 24 months.  It is important to seek legal advice about whether or not you should settle for a conditional discharge. Since a conditional discharge is a one-time only option, you should consult an attorney about all the possible avenues for resolving your charge.

Calculating Alimony after a NJ Divorce

Alimony refers to payments that are made from one spouse to another after divorce.  These payments are meant to offer an economically disadvantaged spouse financial support, and can be short-term or long-term. Alimony is requested as part of a divorce filing, which is handled by the Superior Court of Monmouth County for Bradley Beach residents.

Determining the amount of alimony involves many factors, such as duration of the marriage, earning histories of both parties, and even education levels.  In order to save time and money, spouses can choose mediation instead of a court hearing as a way to negotiate alimony terms. A certified mediator is specially trained to help spouses work together in a civil and safe environment. This method of alimony calculation is recommended whenever possible, since it is much more amicable and empowering than deferring to a judge’s ruling. It is also the fairest method, since both sides can honestly present their concerns without the typical restrictions imposed by court procedures. If you need assistance with calculating alimony payments, please call (732) 965-3350 to schedule a free consultation with the knowledgeable Bradley Beach matrimonial attorneys of Villani & DeLuca.

Bradley Beach, NJ Law Firm

If you live in Bradley Beach, NJ and you have a legal issue related to a divorce, criminal charge or DWI, call the experienced Bradley Beach legal team of Villani & DeLuca at (732) 965-3350 for a free initial consultation.  We have lawyers available 24 hours a day, 7 days a week.