The Avery & Avery NJ legal blog publishes practitioner-grade explainers on the New Jersey statutes, court rules, and procedural realities our clients face every day. The posts below are the cornerstone explainers — long-form walkthroughs of the highest-volume matter types in our docket — alongside topical follow-ups.
We update the blog roughly four times a month with new posts and periodic refreshes of older entries when NJ statute or case law moves.
Browse by Practice
For deeper practice-area context, see the practice top pages: criminal defense, DWI, traffic, personal injury, family law, landlord-tenant, estate planning, or municipal court practice.
Schedule a Free Consultation
If a blog post raises a specific question about your matter, call (201) 943-2445 for a free consultation.
All Posts · 79
Browse the full archive
No posts match your filters.
-
Criminal Defense
NJ Marijuana Expungement After Legalization
NJ marijuana expungement after the 2021 CREAMM Act — automatic expungement provisions, expedited individual petitions, and what records remain.
-
NJ Law
The 'Death Tax' in NJ
The 'death tax' in NJ — what it actually means, the three regimes that historically applied, and what NJ residents should know today.
-
Personal Injury
NJ Bicycle Accident Lawyer
NJ bicycle accident lawyer guide: cyclist PIP under N.J.S.A. 39:6A-4, verbal threshold, comparative negligence
-
NJ Law
NJ Security Deposit Recovery
NJ security deposit recovery — N.J.S.A. 46:8-21.1 treble damages. The compliance requirements landlords miss and how tenants recover.
-
Estate Planning
What Is a Trust in NJ
What is a trust in NJ? The principal NJ trust types — revocable living trust, irrevocable trust, special-needs trust — and when each applies.
-
Personal Injury
Bergen County Personal Injury Attorney
Bergen County personal-injury practice from a local practitioner's view — the venue, the carriers, the courts, the practical workflow.
-
Family Law
Types of Alimony in NJ
NJ alimony types — open-durational, limited-duration, rehabilitative, reimbursement. The post-2014 reform framework under N.J.S.A. 2A:34-23.
-
Traffic
NJ MVC Surcharges Watchlist
NJ MVC surcharge watchlist: specific violations that trigger N.J.S.A. 17:29A-35 surcharges. DWI, refusal, suspended-license, no-insurance.
-
Family Law
'Best Interests of the Child' in NJ Custody
The 14 best-interests-of-the-child factors in NJ custody under N.J.S.A. 9:2-4 — what each factor means and how the Family Part applies them.
-
Traffic
When to Hire a NJ Traffic Infraction Lawyer
When does a NJ traffic ticket warrant hiring a lawyer? Decision framework based on points, surcharge thresholds, CDL exposure, and license-status risk.
-
Criminal Defense
Define Domestic Assault in NJ
What is 'domestic assault' in NJ? Walkthrough of N.J.S.A. 2C:12-1 assault grading and how it intersects with the PDVA framework.
-
Criminal Defense
NJ Background Check Disqualifications
NJ background check disqualifications: what surfaces in employment screening, NJ Ban the Box (N.J.S.A. 34:6B-11), FCRA federal rules
-
Criminal Defense
What Is Racketeering — RICO Charges in NJ
What is racketeering? NJ RICO charges under N.J.S.A. 2C:41-1 et seq. and federal RICO under 18 U.S.C. § 1961 — defense walkthrough.
-
Municipal Court
Central Municipal Court of Bergen County
Central Municipal Court of Bergen County (CMCBC) — the Hackensack-based regional court that absorbed prior city courts. Practitioner walkthrough.
-
Family Law
Contested vs Uncontested Divorce in NJ
Contested vs uncontested divorce in NJ — what each requires, what each costs, what the timeline looks like, and how to choose.
-
Criminal Defense
NJ Expungement vs Record Sealing
NJ expungement vs record sealing — the practical distinction between the two record-suppression mechanisms and which applies to which scenarios.
-
NJ Law
NJ Motor Vehicle Accident Lawyer
NJ motor-vehicle accident — statute of limitations, the immediate post-accident steps, and the timeline from incident to resolution.
-
DWI
NJ Underage / Baby DUI
NJ underage zero-tolerance DWI under N.J.S.A. 39:4-50.14 — the 0.01% threshold, penalties, and conditional-discharge pathways for under-21 drivers.
-
Landlord-Tenant
NJ Anti-Eviction Act
NJ Anti-Eviction Act under N.J.S.A. 2A:18-61.1 — the enumerated grounds for eviction, the procedural framework, and the tenant-protection scope.
-
Criminal Defense
NJ Mischief Crime Defense
NJ criminal mischief defense under N.J.S.A. 2C:17-3: damage-amount grading, DP through 3rd-degree exposure, common defense angles.
-
NJ Law
NJ Driving While Suspended
NJ driving-while-suspended under N.J.S.A. 39:3-40 — tier-1 first offense, tier-2 second offense, and the DWI-related tier-3 mandatory-jail subset.
-
Estate Planning
When to Hire a Will and Testament Attorney in NJ
When to hire a NJ will-and-testament attorney — the value of formal estate planning, the cost of getting it wrong, and what counsel does.
-
DWI
NJ Multiple-Offense DWI
Multi-offense DWI in NJ — 39:4-50 penalty grid for second/third offenses, the State v. Anicama step-down, and Laurick collateral attack.
-
Personal Injury
NJ Auto Accident Lawyer
What a NJ auto-accident lawyer does — PIP coordination, verbal-threshold proof, the demand process, and when to file suit.
-
Family Law
Coercive Control as a Factor in NJ Divorce and Custody
Coercive control in NJ divorce and custody — the 2024 PDVA amendment, evidentiary patterns, and how the doctrine reshapes Family Part practice.
-
NJ Law
What Is a 'Controlled Dangerous Substance' Under NJ Law?
Controlled Dangerous Substance (CDS) under NJ law — N.J.S.A. 24:21 framework, scheduling, and what the term encompasses for criminal-defense purposes.
-
Criminal Defense
NJ County and Municipal Jails
NJ county and municipal jails — pretrial detention under the 2017 Criminal Justice Reform Act (N.J.S.A. 2A:162-15), PSA risk assessment
-
Criminal Defense
What Is a Grand Jury (and How NJ Indictments Work)
What is a grand jury in NJ? How do indictments work, what does the prosecutor do, what does the defense get to do? Constitutional walkthrough.
-
Family Law
What 'Domestic Violence' Means Under NJ Statute
What does 'domestic violence' mean under NJ statute? Practical walkthrough of the PDVA framework, the predicate offenses
-
Landlord-Tenant
NJ Landlord-Tenant Law
NJ landlord-tenant law guide: Anti-Eviction Act (N.J.S.A. 2A:18-61.1), security deposits (treble damages, 46:8-21.1), eviction process, tenant rights.
-
Municipal Court
Woodbridge Municipal Court
Woodbridge Municipal Court (Middlesex County) practitioner walkthrough — calendar, prosecutor practice, common dispositions, and parking.
-
Personal Injury
Newark Personal Injury
Newark personal-injury practice — Essex County procedural framework, the verbal-threshold reality for Newark drivers, and common claim categories.
-
Traffic
NJ Leaving the Scene of an Accident
NJ leaving-the-scene under N.J.S.A. 39:4-129 — when does the duty to remain attach, what are the penalties, and what defenses exist.
-
DWI
CDL DWI Disqualification
CDL DWI disqualification under 49 C.F.R. § 383.51 — federal triggers, NJ-specific scope, and the no-civilian-permit-equivalent reality.
-
Criminal Defense
NJ Expungement Eligibility
NJ expungement eligibility under N.J.S.A. 2C:52: time bars, ineligible offenses, Clean Slate Act, marijuana expungement, juvenile records.
-
Criminal Defense
NJ Expungement Eligibility
NJ expungement eligibility under N.J.S.A. 2C:52 — what offenses are eligible, the waiting periods, and the categorical exclusions.
-
Criminal Defense
Schedule III Drugs — Federal vs NJ Treatment
Schedule III drugs — how federal and NJ law treat them differently, and what NJ defendants need to know about possession charges.
-
Family Law
Divorce in NJ — Laws That Matter Most
The NJ divorce laws that matter most to ordinary clients — grounds, residency, equitable distribution, alimony, custody.
-
Traffic
Reckless vs Careless Driving in NJ
Reckless driving (39:4-96) vs careless driving (39:4-97) in NJ — the willful-or-wanton-disregard distinction and the practical penalty difference.
-
Personal Injury
Jersey City Personal Injury Claims
Jersey City personal-injury practice — Hudson County procedural framework, insurance environment, and common claim categories.
-
NJ Law
How to File a NJ Restraining Order
How to file a NJ restraining order — the TRO/FRO process under N.J.S.A. 2C:25-28 et seq., service mechanics, and the Final Restraining Order hearing.
-
DWI
NJ DWI Breath-Test Refusal
NJ refusal-to-submit penalties under N.J.S.A. 39:4-50.4a — first, second, third offense schedule and the Standard Statement requirement under State v.
-
Estate Planning
Choosing a NJ Probate Lawyer
Choosing a NJ probate lawyer — what the Surrogate Court does, when probate becomes contested, and what to look for in counsel.
-
Traffic
NJ DMV Surcharges Explained
NJ DMV surcharges explained: N.J.S.A. 17:29A-35 framework, point-based surcharges, DWI surcharges ($1K/yr × 3yr), insurance carrier interaction.
-
Traffic
NJ DMV Surcharges Explained
NJ MVC surcharges under N.J.S.A. 17:29A-35 — what triggers them, what they cost, and how to resolve unpaid surcharge balances.
-
DWI
The Alcotest 7110
The Alcotest 7110 in NJ DWI cases — twelve foundation elements under State v. Chun, including the 20-minute observation rule, two-sample correlation
-
Landlord-Tenant
NJ Landlord-Tenant Law for the Average Renter
NJ landlord-tenant law explained for the average renter — Anti-Eviction Act, security deposits, habitability, rent control, and constructive eviction.
-
Municipal Court
Newark Municipal Court
Newark Municipal Court (Essex County) practice guide — calendar mechanics, prosecutor practice, common dispositions, and practical orientation.
-
Criminal Defense
How to Choose a NJ Criminal Defense Lawyer
Selecting a NJ criminal defense lawyer — what to ask, what to look for, what to avoid. A practitioner's framework for the lawyer-shopping conversation.
-
NJ Law
NJ Age of Consent
NJ age of consent: 16 under N.J.S.A. 2C:14-2, with authority/supervisory exceptions raising the threshold to 18. Sexual assault statute review.
-
Personal Injury
What Is a 'No-Zone' in Truck Accident Cases?
What is a 'no-zone' in trucking? Walkthrough of FMCSA blind-spot terminology and its role in NJ truck-accident liability analysis.
-
Traffic
Points-Per-License Math in NJ
How NJ tracks points per driver's license — N.J.A.C. 13:19, the 3-year point reduction, surcharges, and suspension thresholds.
-
Estate Planning
NJ Inheritance Tax vs Estate Tax
NJ inheritance tax vs estate tax — the two distinct NJ death taxes (only one currently in effect), the federal estate tax, and how they interact.
-
Criminal Defense
What Are Schedule 3 Drugs
Schedule III drugs under NJ and federal law — examples, penalty exposure under N.J.S.A. 2C:35-10, and defense considerations.
-
DWI
What Are DUIs? NJ DWI Laws Explained for Lay Readers
What are DUIs? NJ DWI law explained in plain terms for lay readers — what triggers the charge, what penalties apply, and what defenses exist.
-
Personal Injury
What a NJ Personal Injury Attorney Should Do for You
What a NJ personal-injury attorney actually does — from intake through PIP coordination, demand letter, mediation, trial. The full plaintiff-side workflow.
-
DWI
What to Look for in a NJ DUI Defense Attorney
Choosing a NJ DUI / DWI defense attorney — the specific experience markers, the questions to ask, and what differentiates DWI practice from general
-
Family Law
Divorce Law in NJ — A Modern Walkthrough
Divorce law in NJ — complete walkthrough: no-fault grounds (N.J.S.A. 2A:34-2), equitable distribution, custody (N.J.S.A. 9:2-4), alimony, support.
-
Family Law
Definition of Domestic Violence in NJ
Definition of domestic violence in NJ under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-19 — predicate offenses and the relationship element.
-
Criminal Defense
Third-Degree Felony in NJ
Third-degree crimes in NJ — penalties under N.J.S.A. 2C:43-6, presumption of non-incarceration for first offenders, and plea strategy walkthrough.
-
Traffic
What CDL Means
What CDL means in NJ — Class A, B, C tiers, endorsements, and the federal regulatory framework under 49 C.F.R. Part 383.
-
Municipal Court
Paterson City Municipal Court
Paterson Municipal Court (Passaic County) practitioner's walkthrough — bench preferences, prosecutor practice, calendar mechanics, common dispositions.
-
Personal Injury
Hiring a NJ Car Accident Lawyer
Hiring a NJ car accident lawyer: verbal threshold (N.J.S.A. 39:6A-8), PIP, two-year statute (2A:14-2), comparative negligence, contingency fees.
-
NJ Law
How Long Does a Moving Violation Stay on Your NJ Record?
How long does a NJ moving violation stay on your driving abstract? Walkthrough of MVC retention, 3-year point reduction, and insurance-look-back periods.
-
Criminal Defense
Getting a Passport With a Past Felony
Practical NJ guide for clients with past felony convictions applying for a U.S. passport. What to do, what to expect, how to handle the application.
-
DWI
DWI Meaning in NJ
What does 'DWI' mean in NJ? Plain-English walkthrough of N.J.S.A. 39:4-50 — the per-se prong, the impairment prong, and how the State proves each.
-
Landlord-Tenant
When You Need a NJ Tenant-Side Lawyer
When does a NJ tenant need a lawyer? Walkthrough of the situations where tenant-side counsel pays for itself — eviction defense, security deposit
-
Criminal Defense
Can a Felony Conviction Block Your Passport? Specific Triggers
When does a felony conviction block U.S. passport issuance? NJ defense attorney walkthrough of the narrow federal triggers — drug-trafficking
-
Criminal Defense
Schedule One Drugs
Schedule I drugs in NJ — the federal Controlled Substances Act framework, NJ analogs at N.J.S.A. 24:21, and possession penalty implications.
-
Municipal Court
Clifton Municipal Court
Clifton Municipal Court (Passaic County) practice guide — filing protocols, parking, calendar mechanics, and common dispositions.
-
DWI
DUI Versus DWI
DUI vs DWI — what's the difference, where do the labels apply, and how does NJ classify the offense? State-by-state walkthrough by NJ defense counsel.
-
Traffic
How Many Points Is a NJ Speeding Ticket Worth?
How many points does a NJ speeding ticket carry? Walkthrough of the speeding-points schedule under N.J.S.A. 39:4-98 and the work-zone / safe-corridor
-
Criminal Defense
Megan's Law in NJ
Megan's Law in NJ explained — tier classification (I/II/III), registration obligations under N.J.S.A. 2C:7-1, removal eligibility after 15 years
-
Criminal Defense
Can a Convicted Felon Get a U.S. Passport?
Yes, generally — but with specific exceptions. NJ defense attorney walkthrough of when a felony conviction blocks U.S. passport issuance under federal law.
-
Estate Planning
NJ Inheritance Tax
NJ inheritance tax explained: Class A (exempt) through E (exempt) under N.J.S.A. 54:34-1. NJ estate tax repealed 2018; federal threshold $13.61M (2024).
-
DWI
DUI vs DWI in NJ
DUI vs DWI in NJ: the same offense under N.J.S.A. 39:4-50. NJ statute uses DWI; DUI is informal. BAC tiers (0.08, 0.04 CDL, 0.02 underage).
-
Municipal Court
Elizabeth Municipal Court
Practical defense guide to Elizabeth Municipal Court (Union County) — calendar mechanics, prosecutor practice, common dispositions, parking and access.
-
Criminal Defense
What a NJ Criminal Defense Attorney Actually Does
What an NJ criminal defense attorney does — arraignment, plea, motion practice, trial, post-conviction relief. Practical walkthrough by Avery & Avery.
-
Traffic
6 Points on Your NJ License
What does 6 points on your NJ MVC abstract mean? When does the MVC suspend? Walkthrough of the point system, suspension triggers, and how to avoid them.