FAQ

We’re Here to Answer Your Legal Questions

When you’re facing a legal situation, it can be difficult to know where to turn for help. You may feel overwhelmed and not know what to do to defend yourself. That’s why you need an experienced legal team on your side. Park & Caporrino can provide an attorney to represent you in a variety of legal matters in New Jersey, including real estate, family, bankruptcy, and criminal matters. To give you a better idea of what we do and when you need our team, we’ve put together a list of common questions we receive from clients. If you have additional questions or would like to discuss your case in a consultation, please reach out to us today.

 

What is Criminal Law?

Criminal law is the system of rules that govern what is classified as a crime and the punishments for those crimes. Federal, state, and local governments all have their own penal codes that explain these crimes in detail as well as how the legal system can prosecute these crimes. In New Jersey there are disorderly persons offenses and indictable offenses. Some offenses are prosecuted in the local municipal courts and others are prosecuted in the Superior Court. It is important to know where your case will be prosecuted and what are the potential penalties associated with the offense you have been charged with.

What is a Statute of Limitations?

A statute of limitations is the maximum amount of time allowed for a victim or government to initiate legal proceedings after an alleged offense. For example, if a person is believed to have committed a burglary in New Jersey, the statute of limitations for this charge requires that legal action be taken within five years of the incident. Once this timespan has passed, the person cannot be charged. Statutes of limitations vary depending on the severity of the crime, with the most serious charges, like murder, having no time limit.

How Long Does It Take for a Case to Go to Trial?

This will vary depending on the caseload of the jurisdiction that is charging you. However, most often, cases do not go to trial for several months in order for all sides to properly prepare their arguments and gather any evidence.

What is Family Law?

Family law is the practice of law involving family relationships. This can include divorce, child custody, parenting time, support, and adoption cases, as well as many others. If you have a legal problem that involves any relationship between family members our legal team is here to represent you and work to get you a favorable outcome.

Do You Need a Lawyer When You Get Divorced?

The simple answer to this question is yes; you need a lawyer when you get divorced. Even if you feel that the split between your spouse will be amicable, it is essential to have an attorney who is looking out for your best interests. Our legal team will ensure you are protected and that you receive your fair share as the assets and a fair amount of spousal and child support.

What is Joint Custody?

A joint custody arrangement is an agreement that allows both parents to share legal and physical custody of their children after a divorce. The parents are allowed to come up with a custody schedule that works best for each of them and the needs of the children. However, if a schedule cannot be agreed upon by both parties, the court will order one. In many joint custody arrangements, the children will alternate weeks at each parent’s residence, or they may spend weekdays with one parent and weekends with the other. There may be a separate schedule for holidays and other special occasions. Joint legal custody allows each parent to be involved in making important medical, educational, and religious decisions for the children.

What is Real Estate Law?

Real estate law is the area of law that deals with the purchase, use, and sale of land; among other things. It governs how people can acquire property and what they are able to do with this property. Real estate law is a broad area that has a hand in all real estate transactions, as well as zoning, landlord-tenant, and tax issues.

If I Am Purchasing or Selling a Home, Should I Hire an Attorney?

Whether you are the buyer or the seller, real estate transactions are very complex and require knowledge of the complicated real estate laws of your state, county, and municipality. Even though real estate attorneys are not required in the state of New Jersey, it is very important to hire one to ensure that your interests as a buyer or seller are protected throughout the process and to answer any questions you may have about the process. Having an experienced lawyer on your side will ensure the transaction runs more efficiently. Although title companies can assist buyers, they do not assist with legal issues nor can they prepare legal documents for either seller or buyer.

Is There Anything I Should Do Before Purchasing Property?

The most important thing you can do before purchasing a property is to hire both a reliable real estate agent and a real estate attorney. Hiring both will ensure that you are entirely prepared and protected during the transaction.

What is Bankruptcy?

Bankruptcy is a legal process that provides relief for those individuals who have accumulated enough debt that they are no longer able to make their monthly payments. Individuals who file for bankruptcy may receive relief from some or all of their debts. However, certain criteria must be met, and certain rules will be put in place for you following the bankruptcy. The process is not to be used as an easy way out from irresponsible spending, as it has a significant effect on your credit score and should only be used as a last resort.

Should I File Bankruptcy?

The answer to this question will vary depending on your unique financial situation. However, filing for bankruptcy is usually advised if you owe more than the total sum of your assets’ worth. Filing for bankruptcy will help you get out from under the mountain of debt and give you a chance to start over more responsibly. If you feel like your debt is getting out of control and are wondering if bankruptcy is the right option for you, we suggest that you reach out to our team at Park and Caporrino. We can help you determine the best path forward.