Traffic Violations / DWI
Driving While Intoxicated (DWI)
DWI is a very serious offense. You face loss of your driver’s license, large fines, and potential incarceration. Penalties vary depending on various factors such as:
- Level of blood alcohol content in the system
- Whether it is the drivers first, second, or third offense
- The time period between DWI offenses
- Whether there was an accident resulting in property damage or personal injury to others
- Whether the offense took place in a school zone
- Whether there was a refusal to submit to a blood-alcohol test
- Actions of the arresting officer will be taken into account as well
The blood alcohol test may be challenged based on the results, certificates, and administration of the test. If there is a defect, the test results may be able to be suppressed as evidence upon application to the Court. Our firm is experienced in reviewing the complex documents that must be provided by the State.
It is important to have representation for all infractions, even the most minor infractions.
Our firm is very experienced in negotiating pleas and mitigating with prosecutors in many of the municipalities. If you wish to reject a plea offer and mount a defense, we will zealously defend you at trial.
For tips on finding the right DWI lawyer NJ for your needs, check out our blog.
Foreclosure Defense
Foreclosure Defense
Our firm is experienced in litigation and real estate transactions. We specifically represent clients who wish to defend themselves from foreclosure.
A Few Things to Ask Yourself:
More than 90 percent of foreclosures go uncontested. Historically, the legal process has favored banks and lenders over homeowners. That’s changed in 2019...
1. Are you behind on your mortgage payments?
If you’re struggling to make your mortgage payments in full or on time, you might soon face foreclosure.
It’s crucial that you stay on top of your payments to ensure you are paying in full.
If it’s too late and you’re already struggling you can talk to your bank about a number of options:
- Repayment Plan: Keep Current and Catch Up
- Reinstatement: Get Caught Up on the Loan
- Redemption: Pay Off the Loan
- Forbearance: Get a Break From Payments
- Modification: Lower Your Payments
- Refinance: Get a Lower Interest Rate, Adjust Term Length, Switch Loan Type
2. Has your bank promised you a modification and given you the “run around”?
Let’s say you can’t afford your mortgage payments not or in the near future.
Maybe it’s because you lost your job, interest rates change or you had a medical emergency.
A mortgage modification might make the most sense for these types of homeowners.
In particular, those who have defaulted on at least one payment and are in pre-foreclosure, or are close to defaulting.
If your modification request is denied, reach out to your lender and try to find out why.
If they’re ducking you and not providing an answer or feedback, then it’s time for foreclosure defense NJ.
3. Have you been given a trial modification, just to be told that you don’t qualify when the final payment is due?
Being accepted for a trial payment plan is good news for someone who wants a loan modification, but it doesn’t mean it’s all smooth sailing from there.
To be offered a trial modification payment plan, it suggests that the materials you gave your lender about your financial situation have displayed that you are actually able to make the modified payments.
Lenders want to test your ability to make payments before fully allowing modification.
Unfortunately, we have heard stories of homeowners making their modified payments, only to be told they don’t qualify for modification when their final payment is due.
We know how frustrating this can be. It feels like having the rug pulled out from under you.
4. Have you been served with a Notice of Intent to Foreclose?
Before a mortgage lender can file a foreclosure complaint, they must send the homeowner a Notice of Intent to Foreclose through certified or registered mail.
This document must include a requested return receipt that must be sent a minimum of 30 days before the lender can file an official complaint.
Receipt of this notice shows that the recipient has in fact missed payments, but they have time to fix it.
If you’re not sure you can fix it on you’re own, foreclosure defense NJ would be your best option.
5. Have you been served with a foreclosure complaint?
A complaint for foreclosure is a document outlining a lender’s underlying lawsuit claims.
It should describe the mortgage, promissory note, property to be foreclosed, default, amount due and the defendants and their property interest.
A complaint may as for the right to sell the property in order to use the sales proceeds to pay off mortgage debt.
If you’ve received this in the mail, you’ll need foreclosure defense NJ.
6. Has the lender instructed you not to be concerned with the foreclosure complaint because you “are in modification”?
If you are in modification, you should not have received a foreclosure complaint.
Maybe there was a simple clerical mistake, but there are also foreclosure rescue and mortgage modification scams.
We’ve heard cases of clients having gone to a third-party lender to receive a modification, even though modification is only something that your mortgage lender can grant.
Also, beware of anyone who ask to charge you in advance for mortgage modification services as charging in advance is illegal in most cases.
Foreclosure Defense In Summary
Unfortunately, many lenders are deceptive in their dealings with homeowners. Promises are made to modify a loan without any good faith intent to modify. Trial modification payments are made by borrowers and when the last payment is due, the bank informs the homeowner that they do not qualify. Worse, homeowners are discouraged from answering the foreclosure complaint when an answer must be filed within 35 days.
Ironically and sadly, homeowners are solicited by unscrupulous companies who promise to save their home from foreclosure. They make promises that they cannot deliver. Some companies are simply scam artists who take money from homeowners and do nothing.
Our firm will advise you as to the best course of action for you:
For example, it may be in your best interest to short sale your home (selling for less than the mortgage with the bank’s approval) or deed the property to the bank in lieu of foreclosure. However, if you wish to defend yourself from foreclosure, we will advise you as to your realistic chance of success — no false promises.
Call our firm today to protect your home from foreclosure.
Real Estate
Residential and Commercial Real Estate
Donnelly & Warner, LLC, New Jersey real estate lawyers help a wide range of clients in a variety of real estate transactions and issues. Whether dealing with the purchase of a first home or the work out of a troubled commercial real estate financing deal, our lawyers promise to provide careful attention and skill to your transaction.
Broker Representation
Donnelly & Warner has developed a significant client base of real estate companies, brokers, and REALTORS® in their general business operations and in disputes and claims relating to property disclosures, purchase agreements, escrow accounts, warranties, consumer fraud, environmental and property condition claims and related issues. We advise and represent brokers and agents in employment issues including disputes over restrictive covenants and unfair competition.
Our real estate clients include persons buying and selling residential real estate and condominiums, businesses purchasing, selling and leasing commercial real estate, commercial landlords and tenants, banks, mortgage companies, title companies, real estate brokers and agents, and developers and applicants before land use boards and agencies.
Residential Real Estate
Donnelly & Warner has gained a reputation as effective and careful counselors of persons who are buying and selling homes and condominiums. We take the time to explain how residential real estate contracts are structured and will negotiate to make sure that your contract is fair. We are assisted by a support staff to make sure that all of the details of your transaction are complete and that you will move to settlement as soon as possible. We will also make sure that your financing is in proper form. Finally, we will represent you at the closing.
Medical Malpractice
Medical Malpractice Services
A bad result while being treated by a medical professional is not necessarily malpractice. The plaintiff must prove that a physician “deviated from the acceptable standard of care”.
Causation
Secondly, that deviation must have “caused” injury to the patient. There must be a “reasonable medical probability” that the deviation caused harm or what is known as “damages” which include:
- Pain, Suffering & Emotional Distress; Loss of Enjoyment of Life
- Disability; Economic Loss; Medical Bills
- Injuries to a Fetus/Preconception Injuries; Loss of Fetus
- Wrongful Death; Wrongful Birth
Damages to Recover
Some damages you might be able to recover are:
- Pain and Suffering – Financial and emotional impacts on your well-being due to medical malpractice
- Earnings Lost – Income lost during missed work days
- Lost Earning Capacity – Inability to participate in certain physical activities
- Medical Bills – Bills incurred due to medical malpractice
Generally speaking, you need a serious permanent injury caused by malpractice to have a viable case. Rarely does a malpractice case settle before trial is about to commence.
Medical malpractice litigation is highly complex and difficult litigation. Do not hire an inexperienced unknowledgeable attorney. If our firm is not the best firm to handle your particular matter, we will refer you to a firm that is best suited for your case.
Personal Injury
Personal Injury Legal Services
Personal injury due to accidents, negligence and malpractice can occur when you least expect it. Automobile accidents, construction accidents, medical malpractice, defective products, and injuries that occur on negligently maintained premises are just some of the ways a person can be injured.
You need an experienced lawyer to protect your interests and obtain fair compensation for your injuries. Our firm, located in Wayne, New Jersey has extensive litigation and court room experience.
Premise Liability
If you have been injured due to an unsafe or dangerous condition that existed on someone’s property, you may have a claim against them based on premise liability laws.
Our attorneys will gather the necessary information to assess your claim and work hard to obtain the best possible settlement or verdict or you.
Informal Settlement
Informal early settlements resolve disputes causes over accident or injury fault. This is often accomplished by a committee including those involved in the case, their insurance providers, and both sides attorneys. Settlements are usually negotiated and made official with a written agreement to cease further action based on terms both parties sign off on.
When you are injured, you want someone who will fight for you. You want a New Jersey personal injury attorney who has experience in gathering the information, preparing and filing your lawsuit, taking the depositions, and finally, taking your case to trial.
Our attorneys have this experience. They will gather the necessary information about your situation, your medical treatment, your lost wages, and your pain and suffering and will assist you in obtaining the best possible settlement or verdict for money damages for those injuries as permitted under the law.
- Accidents
- Premise Liability
- Defective Products
- Medical Malpractice
- Wrongful Deaths
Divorce & Family Law
Family Legal Representation
Divorce is one of the most difficult chapters that people may encounter in their lives. It is our goal to minimize the stress and uncertainty by keeping our clients informed about their case as well as the process in general. You should contact our firm if you need a New Jersey divorce attorney. Our office is located in Wayne, New Jersey on Hamburg Turnpike.
4. ESP: The next court appearance is for an Early Settlement Panel (ESP). This is frequently about 2 months after the CMC. The ESP consists of usually 3 volunteer attorneys who give their opinion as to how the case should be resoved. It is a very useful tool as these attorneys are not in the case and are there to give an unbiased knowledgable opinion. Many cases settle at the ESP. Typically, this may be 6 months after the initial filing of the divorce compalint.
5. Economic Mediation: If the matter is still unresolved, the parties will be scheduled for economic mediation. The mediation is usually conducted in the mediator’s office. The first two hours are at no charge.
6. Trial: If the matter remains unresolved, it will at some point, proceed to trial. A small percentage of cases go to trial and it is not the preferred course and can be quite expensive and stressful.
7. Motions: Motions frequently are necessary during the pendeny of the divorce (Pendente Lite Motions) or sometimes after the divorce has been finalized (Post Judgment Motions). The purpose of a motion is to obtain relief for a party. In other words, a party wants to obtain a result they cannot achieve otherwise.
For example, a husband no longer lives in the marital home and should pay support but does not. The preferred course is to contact the husband’s attorney and explain the issue. Many times the attorney will agree that support should be paid. However, his client may still not pay. In that case, to “force the issue”, your attorney should file a motion to obtain court ordered support. If the husband ignores that order, the judge may impose serious penalties including incarceration.
It is always better if motions can be avoided. Motions are not inexpensive and frequently require a court appearance. Parties are best served by trying to resolve the issues by consent in which case the parties can enter into a Consent Order.
Our Experience in Family Law:
We have extensive experience in family law. Family law comprises much more than divorce. If you need a New Jersey family law attorney, contact our firm. We handle the following matters:
- Post-judgment reduction or increase in alimony and child support payments.
- Domestic Violence matters and restraining orders.
- Mediation.
- Child custody and visitation.
- Equitable distribution
- Prenuptial agreements
- Divorce