- DivorceFamily law and divorce: Are you getting a divorce? Custody, property division, and support can be confusing and extremely emotional. Make sure you have a veteran divorce lawyer who can protect your rights.
- Child SupportUnder New Jersey law both parents have an obligation for the support of their children. The New Jersey Child Support Guidelines are applicable, absent special explanation and circumstances, to determine the amount of child support to be paid by the non-residential parent to the residential parent. The actual income or in some cases “imputed” income is used to determine the child support obligation. Expenses for day care and insurance are also considered and form a part of the child support obligation. Credit is also given pursuant to a formula to the non-residential parent for his/her parenting time and will determine whether the “Sole Parenting” guidelines or the “Shared Parenting” guidelines are used. Child support is usually paid through the Probation Department which sets up an account and automatically garnishes the obligors pay and transmits payment to the residential parent.
- Child Custody and VisitationCharges of domestic violence often arise out of emotionally intense situations, such as an extramarital affair or a contested divorce. Intense turmoil can cause one family member to falsely accuse another, fueled by powerful motives such as anger, jealousy or gaining the upper hand in a child custody proceeding. Unfortunately, even false allegations can lead to serious penalties, including protection orders put in place that can cause defendants to be separated from their children. If you’ve been accused of committing domestic violence, you need an experienced lawyer who is committed to protecting your rights.
- Adoption
- Paternity
- Premarital Agreement
- Guardianship
- Spousal SupportUnder New Jersey law a spouse may have the right to continued financial support after the marriage has been terminated. The factors which guide the court in determining whether alimony is appropriate in any given case is set forth in New Jersey Statute. There are different types of alimony such as “permanent” and “rehabilitative.” However, there is no automatic right to alimony. Its award, amount, and duration will be dependent on whether such an award is just and fair as determined by an analysis of the statutory factors.
- Criminal DefenseReceiving any criminal charge as an immigrant in the United States can severely impact your immigration status. It is very critical to consult with an experienced New Jersey immigration criminal defense lawyer as soon as possible in order to minimize and eliminate the negative consequences that could occur.
- DUI/DWIAre you facing charges for driving while intoxicated (DWI) in New Jersey? A DWI is regarded as a serious traffic offense in the state of New Jersey and the charges come with severe penalties and consequences. If you or a loved one is facing DUI charges, you need to immediately consult with a New Jersey DUI lawyer at Aiello, Harris, Abate, Law Group PC This powerful legal team of attorneys has the experience and resources needed to protect your legal rights.While the most common DWI charge is for drunk driving, you may also face charges for driving under the influence of habit-producing drugs, such as hallucinogenic and narcotics. The only difference is that there is no minimum level of drugs that you must have in your system to be considered “under the influence.” In other words, any amount that impairs your ability to drive is enough for you to be arrested for a DWI.
- Wrongful DeathMurray vs. Orleans Construction. 7.4 million structured settlement for a wrongful death of a child and an emotional distress claim for the mother and sister.
- Traffic ViolationsSpeeding accidents – When drivers ignore posted speed limits, they put their lives, your life, and their passengers’ lives at risk.
- Sex CrimesWhile earning her law degree, Ms. Fulton served as the Notes and Comments Editor of the Women’s Rights Law Reporter, wherein she authored a legal journal note published in Volume 42 entitled “The Rape Kit Backlog: The Continuous Hampering of Society’s Protection and Liberty Interests.” Ms. Fulton also served as a Legal Analysis Writing and Research Skills Teaching Assistant. Ms. Fulton also achieved the prestigious Criminal Law and Procedure Certificate while serving as a student attorney in the Child Advocacy Clinic and Civil Justice Clinic.
- FraudOur firm has decades of experience handling cases involving commercial and consumer fraud in the state of New Jersey. Commercial and consumer fraud can result in personal detriment, after false statements of facts are made, with members of a party relying heavily on these false statements, believing them to be true. If you feel you have been involved in fraud, give us a call today and we will decide if there needs to be legal actions taken.
- RobberyDefendant had a gun and committed a first-degree robbery. He could have received a prison sentence between 10 to 20 years while serving 85% of the time under (NERA) The no early release act. The plea offer was originally 12 years. Mr. Aiello negotiated with the prosecutor resulting in a second-degree sentence of five years. He then made a motion to the sentencing judge to treat the defendant as a 3rd degree offender and not a 2nd degree offender. That motion was granted and the defendant’s sentence was reduced to three years. If you are charged with a crime please contact Mr. Aiello and his team of criminal trial attorneys.
- BurglaryWe provide vigorous criminal defense for those who are charged with misdemeanor and felony offenses, such as assault, homicide, sexual assault, burglary, theft, robbery, possession of drugs (CDS), endangering the welfare of a minor, white collar crimes, kidnapping, weapons, arson, eluding, shoplifting, violations of probation or parole, harassment, criminal mischief, Megan’s Law offenses, official misconduct and juvenile. We provide fierce representation throughout the entire court system. Representation during forfeiture proceedings is also offered.
- White Collar CrimesOur New Jersey criminal defense lawyers represent people who have been arrested or charged with all types of felony and misdemeanor offenses. These charges include homicide, assault, sexual assault, robbery, possession of drugs (CDS), burglary, theft, juvenile, endangering the welfare of a minor, white collar crimes, arson, kidnapping, weapons, eluding, shoplifting, violations of probation/parole, Megan’s Law offenses, harassment, criminal mischief, and official misconduct. We also represent defendants involved in forfeiture proceedings.
- Theft
- MisdemeanorsMan arrested in Clinton Township, Hunterdon County for violation of N.J.S.A. 2C:24-4, a crime of the third degree for driving while intoxicated N.J.S.A 39:4-50 with children in the car. The Aiello Harris Abate firm was able to convince the Hunterdon County Prosecutor’s Office to dismiss the third degree crime (felony) and remand the case to the Municipal Court with a lower charge as a disorderly person’s defense (misdemeanor).
- EmbezzlementIt is very important to contact a New Jersey criminal lawyer, because there are many forms of fraud that can transcend into major theft. Such forms of commercial and consumer fraud include identity theft, credit card theft, CEO embezzlement, investors being defrauded, retirement fund theft and violations of the Consumer Fraud statutes. If you or someone you know thinks they have been a victim of any of these forms of fraud, please call our firm today so we can guide you in taking legal actions. All of our fraud attorneys are experienced and are dedicated to giving their clients the results they look for. They will work day and night, making sure the people committing fraud are held accountable for their actions.
- Drug CrimesA drug crime may be described as any NJ drug laws, NJ drug court statute as well as any federal crime that is committed involving a controlled substance, a substance that is regulated by the government. This includes illegal narcotics and street drugs such as ecstasy and crystal meth as well as prescription drug s. With the recent crackdown on drug crimes and toughened prosecution of offenders, it is absolutely imperative that you do everything you can to put forth your best effort to defend your future and protect your rights.
- AssaultTh degree. There are a variety of indictable crimes, including DUI and drunk driving, drug possession, drug distribution, theft, aggravated assault and murder. If you have been charged with an indictable offense, you could be facing a substantial prison sentence in addition to heavy fines and a permanent criminal record. As with violations of city ordinances and disorderly/petty disorderly person offenses, your criminal record can only be removed after applying for an expungement.
- MurderIf you have been charged with an indictable offense, you could be facing a substantial prison sentence in addition to heavy fines and a permanent criminal record. As with violations of city ordinances and disorderly/petty disorderly person offenses, your criminal record can only be removed after applying for an expungement.
- Juvenile CrimesMr. Marth’s practice areas include civil litigation including personal injury, workers’ compensation, and condominium construction as well as commercial cases and criminal litigation including municipal court, juvenile law, and indictable offenses. He is fluent in German.
- Identity Theft
- HomicideMr. Tunnero’s practice includes both civil litigation and criminal litigation. As a civil litigator, Mr. Tunnero has devoted over the past 30 years to representing plaintiffs and defendants. Mr. Tunnero’s criminal litigation began as an Essex County Prosecutor, having handled over 200 criminal trials from narcotics possession, trafficking (drug sales), armed robbery, sexual assaults to homicide cases.
- ArsonHe has significant experience in Juvenile Court, Domestic Violence Court, Firearm Forfeiture Hearings, Municipal Courts, Superior Courts, Appellate Courts and successfully argued before the New Jersey Supreme Court. He taught criminal law and procedure to police cadets at the Somerset County Police Academy, served as Legal Supervisor to the Somerset County Organized Crime and Narcotic Task Force as well as to the Somerset County Arson Task Force.
- ShopliftingIf you have been charged with a juvenile related offense, you need a dedicated criminal lawyer to help you fight the charges. We assist clients with a variety of juvenile related charges, including drug related offenses, underage drinking, DWI, theft or shoplifting, vandalism, assault, harassment or bullying, sex crimes, defaming school property, threatening with a weapon and any other crime with which the juvenile may be charged. Parents may also be charged with a crime or be held liable for their child’s behavior, we can help you face those allegations as well.
- Restraining OrderDomestic violence may occur at any time. The New Jersey Prevention of Domestic Violence Act sets forth the acts which constitute domestic violence under the act and sets forth who the act applies to. Not everyone is subject to The New Jersey Prevention of Domestic Violence Act. The New Jersey Prevention of Domestic Violence Act if applicable will entitle the “victim” to a restraining order both temporary and if a violation of the act is proven a final restraining order against the offender. The New Jersey Prevention of Domestic Violence Act may also entitle the victim to other relief such as support, damages for injuries, restitution and damages for damage to property, and custody of minor children. The entry of a Final Restraining Order and finding of a violation of The New Jersey Prevention of Domestic Violence Act also has an impact on any issue pertaining to custody of children in a related divorce action.
- Kidnapping
- Internet Crimes
- Business FormationBusiness formation: and commercial litigation: When starting or operating a business, it is essential to make sure your business is on sound legal footing.
- Business DisputesChoosing the right business law firm can go a long way towards making that first step a good one.
- Business TransactionsBusiness Formation – We can help you when you want to formulate a business. Our business attorneys have been providing honest and responsible legal representation to local businesses since 1955. The quality of the work of this has earned us respect of course, judges and of peers in the legal community. We can assist you in business transactions, employment contracts, business succession plans, business tax planning, and commercial litigation
- Workers CompensationAvvo Top Attorney In Workers Compensation – Avvo is a review site that allows former clients to review and rate their attorney’s performance. The following award is for workers compensation.
- Wrongful TerminationAnother form of wrongful termination is called a constructive wrongful termination. This is when the employee is not fired but quits because the conditions are so horrible and / or they have been effectively forced out or left no option. The law states that if conditions or treatment are so severe that a reasonable person could not consider continuing to work in the environment any further, then a person may quit and seek damages for their lost wages.
- Employment DiscriminationThe Age Discrimination In Employment Act (ADEA) helps employees 40 years old and over from suffering adverse employment actions.
- Employment ContractChoosing the right type of organizational entity is the first step in growing a successful business. In fact, it lays the groundwork for all subsequent planning, contracts, employment agreements, business sales and acquisitions, succession plans, and tax decisions.
- Employment LitigationIndependent Contractor Employment Issues – your employer may be incorrectly labeling you as an independent contractor rather than employee to avoid paying certain benefits and giving you certain rights.
- Non-compete AgreementNon-Compete Agreements – non-compete agreements are only enforceable if they are fair to the employee. Our attorneys review your contract and see if the employer is subjecting you to unfair terms.
- Severance AgreementSeverance Packages – you deserve full and fair severance compensation. If you are not getting what you deserve in a severance package, we are here to ensure you receive maximum compensation.
- Sexual HarassmentEmployment law is continually growing and evolving in an effort to keep pace with our changing society. However, despite all of our progress in the areas of civil rights, discrimination, and sexual harassment, problems and violations of the law still occur too frequently in today’s workplace environments.
- Real Estate LitigationReal Estate Law – We can help you in all aspects of real estate law; sales and purchases whether it’s residential or commercial properties, representing the board of directors of condominium association’s, commercial leases, title search and due diligence Etc.
- Premises LiabilityIn addition to her particular areas of strength, Rebecca represents clients in personal injury, automobile negligence, premises liability, and municipal court matters.
- Construction LitigationWe have also been successful in representing associations by convincing building code officials and the Department of Community Affairs to issue notices of violations for construction defects. For example, a building code official issued a notice of violation against a developer after transition was completed for improper electrical wiring in the common area. This resulted in a savings to the association in excess of $100,000 thus, negating special assessments.
- Real Estate TransactionsMs. Higbee represents clients in employment discrimination, “whistleblower”, sexual harassment, and civil rights suits, but spent her first five years in practice handling matters in a broad range of areas, which fall within almost any litigation practice area. Ms. Higbee represents clients in general litigation; commercial litigation; probate litigation; family law (divorce, child custody, adoption); and landlord-tenant matters; in addition to non-litigation matters such as estate planning; consumer bankruptcies; residential real estate transactions; and lease and contract negotiation, drafting, and review matters.
- Landlord-Tenant DisputesBefore joining the Firm, Mr. Novicke clerked for the Honorable Timothy W. Chell, P.J. Cv. and Honorable David W. Morgan, J.S.C. in Gloucester County, New Jersey. During his clerkship, Mr. Novicke drafted memos concerning a variety of civil matters, such as medical malpractice, employment discrimination, negligence matters, and landlord-tenant disputes. He also served as a mediator between landlord-tenant disputes as well as special civil settlements. This culminated in him being awarded the Samuel G. DeSimone Mediation Award, given to the most successful mediator in Gloucester County.
- Property DamageSome people wonder, if I get into a car crash, do I need an attorney? For a minor fender bender, hiring a lawyer probably is not necessary. However, if your injuries are severe, the property damage is extensive, and the automobile accident was not your fault, it makes sense to get a seasoned car accident lawyer on your side.
- Condominium LawAt Aiello, Harris, Abate, New Jersey condominium law attorneys in New Jersey currently represent condominium associations and condominium boards of directors concerning general representation and transition from developer to a home owner run association. We are experienced in handling all types of matters and are knowledgeable in all areas of the law concerning condominium ownership and association formation. We also assist condominium associations with the collection of unpaid and overdue maintenance fees through lawsuits and foreclosures.
- Citizenship and Naturalization
- Employment ImmigrationImmigration: From expired visas to criminal defense for immigrants, our attorneys will assist you. We have experience resolving complicated employment-based immigration matters as well as illegal-entry issues.
- Personal InjuryUnsafe drivers need to be held responsible for the damage and chaos they inflict on other people’s lives. That’s one of the reasons the car accident lawyers at Aiello, Harris, Abate law firm feel so passionate about upholding personal injury law in NJ. Recklessness and carelessness on the part of distracted, drunk, risky, or otherwise irresponsible drivers should be punished. We can help bring a negligent driver to justice if you were seriously injured in a car crash in New Jersey.
- Medical MalpracticeRecord all the information about the scene of the accident. Was it a motor vehicle collision? Do you suspect medical malpractice? Were you bitten by a dog? Keep the names and numbers of all parties involved, record where the incident happened, and take down information from witnesses.
- Auto Accidents
- Dog BitesWhen considering retaining personal injury attorneys, choose a firm that focuses on accident and injury-type cases like Aiello Harris Abate. Our respected and dedicated attorneys have over 60+ years experience handling all types of complex personal injury cases in New Jersey & have recovered over $250 million dollars of personal injury verdicts and settlement s across the Garden State and continue to provide award winning service to NJ residents in matters ranging from car accidents, slip and fall injuries to dog bites and more.
- Disability DiscriminationDisability Discrimination – means your employer refuses to hire you, or provide reasonable accommodations for your disability or illness. It is also illegal to harass a person at work for their disability.
- Slip and Fall Injury
- Estate PlanningWhen it comes to estate litigation, the areas open for target are nearly endless. When someone dies, a trust or will is created. These documents very clearly state who is to receive assets from their estate and who is in charge of the distribution of these assets. The need for estate litigation arises when one or more areas of the will are contested in court. One of our experienced estate lawyers in NJ should be called in to best defend your estate, your rightful inheritances or your tax claims.
- WillsWill and trust contests generally take one of a number of forms. Estate litigation teams report that these are the most commonly contested areas of estate management.
- TrustsEstate planning – Our estate planning attorney’s devise a strategy utilizing estate planning tools and tax consequence analysis in considering when a trust should be drafted, there are numerous trusts such as: grantor annuity trusts; credit shelter trust, special needs trusts, and charitable lead trusts etc.
- Power of AttorneyOur estate planning lawyers see each client as the different and unique person they are. They will sit down with you, listen, and work closely with you to determine what the most appropriate tools and strategies are given your needs, wants, and circumstances. To care for your needs during life, we prepare living wills and durable powers of attorney that address life situations and financial issues in the event that an illness or injury leaves you incapacitated — without the need to resort to the court system.
- Probate
- BankruptcyChapter 7 Bankruptcy – A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor’s nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code.
- Foreclosure
- Tax LawAs a top-rated attorney, Jay is easily accessible and eagerly providing help and transparency to his clients whether handling legal cases involving sensitive family dynamics or complex tax issues.