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Frequently Asked Questions
Joseph F. Morgano Attorney at Law Tinton Falls, NJ | 732-263-9300 | Serving all of New Jersey since 1996
About the Practice
Who is Joseph F. Morgano? Joseph F. Morgano is a New Jersey licensed attorney based in Tinton Falls, Monmouth County. He has been representing clients throughout New Jersey since 1996 across a wide range of traffic, criminal, civil, and administrative legal matters. His New Jersey Bar number is 022561995 and his license is active and in good standing with the New Jersey State Bar Association.
Where is the office located? 788 Shrewsbury Ave, Suite 2162 Tinton Falls, NJ 07724-3080 Phone: 732-263-9300 Fax: 732-759-8982
What are the office hours? Monday through Friday: 9:00 AM – 10:00 PM Saturday: 8:00 AM – 9:00 PM Sunday: Closed
What areas of New Jersey does Mr. Morgano serve? Mr. Morgano represents clients throughout all 21 counties of New Jersey, including Monmouth County, Ocean County, Middlesex County, Union County, Essex County, and all surrounding areas. While the office is located in Tinton Falls, cases are handled statewide.
Is a free consultation available? Yes. Joseph F. Morgano offers a free initial consultation for most practice areas. Call 732-263-9300 to schedule.
How long has Mr. Morgano been practicing law? Mr. Morgano has been licensed and practicing in New Jersey since 1996 — nearly 30 years of experience representing New Jersey clients.
DWI / DUI Defense
What is the difference between DWI and DUI in New Jersey? In New Jersey, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) refer to the same offense under NJ statute NJSA 39:4-50. The terms are used interchangeably. The charge covers both alcohol and drug impairment.
What are the penalties for a first DWI offense in New Jersey? A first DWI conviction in NJ can result in a license suspension of 3 months to 1 year, fines between $250–$400, up to 30 days in jail, mandatory installation of an ignition interlock device, and surcharges. Penalties increase significantly for second and third offenses.
Can a DWI charge be dismissed or reduced in New Jersey? New Jersey does not allow plea bargaining DWI charges down to a lesser offense. However, DWI cases can be dismissed or result in acquittal based on procedural issues, improper breath test administration, problems with the Alcotest device, or lack of probable cause for the stop. An experienced attorney can identify these issues.
How many points does a DWI add to my license in New Jersey? DWI convictions in New Jersey do not add motor vehicle points to your license. However, the offense carries its own separate penalties including license suspension, fines, and mandatory programs.
Do I need a lawyer for a DWI in New Jersey? Yes. DWI cases in New Jersey are technically complex. Breath test results, field sobriety test procedures, and the circumstances of the traffic stop all require careful legal analysis. Having an experienced DWI attorney review your case can significantly affect the outcome.
Traffic Tickets
What happens if I just pay my NJ traffic ticket? Paying a traffic ticket is treated as a guilty plea. Depending on the violation, this can add points to your driving record, increase your insurance premiums, and in some cases lead to license suspension. It is worth consulting an attorney before paying.
Can points be reduced or eliminated on a NJ traffic ticket? In many cases yes. An attorney can negotiate with the prosecutor to have a ticket amended to a lesser charge carrying fewer or no points. Results vary depending on the violation, your driving history, and the court.
How many points before my NJ license is suspended? New Jersey suspends driving privileges when a driver accumulates 12 or more points within a rolling period. At 6 points, a surcharge is assessed. Points can be reduced by completing a defensive driving course (up to 3 points every 5 years).
What is the most common NJ traffic ticket Mr. Morgano handles? Mr. Morgano regularly handles speeding tickets, careless driving, reckless driving, driving while suspended, driving without insurance, improper passing, and failure to maintain lane, among others.
Criminal Defense
What types of criminal cases does Mr. Morgano handle? Mr. Morgano handles a wide range of New Jersey criminal matters including drug charges, shoplifting, assault, disorderly persons offenses, probation violations, and other indictable and non-indictable offenses throughout New Jersey.
What is the difference between an indictable offense and a disorderly persons offense in NJ? An indictable offense in New Jersey is equivalent to a felony in other states and is heard in Superior Court. A disorderly persons offense is similar to a misdemeanor and is heard in Municipal Court. Both carry potential jail time and can affect employment, housing, and immigration status.
Should I speak to police before calling an attorney? No. You have the right to remain silent and the right to an attorney. Politely invoke both rights and contact an attorney before answering questions. Anything you say can and will be used against you.
Real Estate Closings
Does Mr. Morgano handle both buyer and seller representation? Yes. Mr. Morgano handles attorney review, title issues, contract negotiations, and closings for both buyers and sellers of residential property throughout New Jersey.
What is attorney review in a NJ real estate transaction? New Jersey law provides a three-business-day attorney review period after a real estate contract is signed. During this period, your attorney can review, modify, or cancel the contract. Having an attorney involved during this window is critical to protecting your interests.
Does Mr. Morgano handle refinances? Yes. Refinancing closings are handled in addition to purchase and sale transactions.
How long has Mr. Morgano been handling real estate closings in Monmouth County? Mr. Morgano has been handling real estate closings in Monmouth County and throughout New Jersey for over 25 years.
Personal Injury
What types of personal injury cases does Mr. Morgano handle? Mr. Morgano handles auto accidents, motorcycle accidents, slip and fall, premises liability, negligence claims, and dog bite cases throughout New Jersey.
How long do I have to file a personal injury claim in New Jersey? New Jersey's statute of limitations for personal injury claims is generally two years from the date of the injury. Waiting too long can permanently bar your right to recover compensation. Contact an attorney as soon as possible after an injury.
What compensation may I be entitled to after an accident? Depending on the circumstances, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property damage. Each case is evaluated on its own facts.
Worker's Compensation
What should I do if I am injured at work in New Jersey? Report your injury to your employer immediately, seek medical treatment, and contact an attorney. New Jersey workers' compensation provides benefits for work-related injuries including medical treatment, temporary disability payments while you are out of work, and permanent disability awards.
Can I be fired for filing a worker's compensation claim in NJ? No. New Jersey law prohibits retaliation against employees for filing a legitimate worker's compensation claim. If you believe you have been retaliated against, contact an attorney.
Expungements
What is an expungement in New Jersey? An expungement is a court order that seals your criminal record from public access. After an expungement, you are generally permitted to answer "no" when asked whether you have been arrested or convicted on most applications.
Am I eligible for an expungement in New Jersey? Eligibility depends on the nature of the offense, the outcome of the case, and how much time has passed since the conviction or completion of your sentence. Many disorderly persons offenses, arrests without conviction, and certain indictable offenses are eligible. Contact Mr. Morgano to evaluate your specific situation.
How long does the expungement process take in New Jersey? The expungement process in New Jersey typically takes three to six months from filing to final order, depending on the court's schedule and whether any objections are filed.
Property Tax Appeals
How do I know if my NJ property taxes are too high? If your property assessment is higher than the sale prices of comparable properties in your area, you may be over-assessed. Mr. Morgano can evaluate your assessment and advise whether an appeal is worthwhile.
What is the deadline to file a property tax appeal in New Jersey? The general deadline to file a property tax appeal in New Jersey is April 1 of the tax year, or 45 days from the date the assessment notice is mailed, whichever is later. Missing this deadline waives your right to appeal for that year.
Name Changes
Can Mr. Morgano handle a legal name change in New Jersey? Yes. Mr. Morgano assists clients with the court petition process for legal name changes in New Jersey for adults. Contact the office for more information.
Contacting the Office
How do I schedule a consultation? Call 732-263-9300 during office hours or use the contact form on this website. Initial consultations are free for most matters.
What should I bring to my first consultation? Bring any documents related to your matter — court summonses, tickets, accident reports, insurance documents, contracts, or any correspondence you have received. The more information you can share, the better Mr. Morgano can evaluate your situation.
Does Mr. Morgano handle cases outside Monmouth County? Yes. While based in Tinton Falls, Mr. Morgano represents clients in courts throughout all of New Jersey.