Frequently Asked Questions

Montenegro, Thompson, Montenegro & Genz, P.C. represents clients in a wide range of legal matters, including estate planning, criminal defense, municipal court cases, family law, personal injury, real estate, and business law. 

Our fees depend on the type and complexity of your case. We are committed to providing efficient and affordable representation. During your initial consultation, we’ll explain the costs and payment options up front. 

You can contact our office by phone, email, or through the contact form on our website. Our staff will schedule a time that works best for you.

Bring any paperwork or evidence related to your case, such as tickets, court summonses, contracts, medical records, or police reports. Any notes or details you’ve recorded about the situation can also be very helpful. Having this information allows us to fully understand your case and provide the most accurate support. 

Estate planning is the process of arranging how your assets, property, and healthcare decisions will be handled in the future. It helps ensure your wishes are followed, protects your loved ones, and can reduce taxes or probate complications. 

Common Documents Include:

• Wills & Trusts
• Powers of Attorney
• Advanced Medical Directives
• Estate Administration Plans 

A power of attorney allows someone you trust to make financial or medical decisions on your behalf if you are unable. It’s an essential tool to protect yourself and your family in unexpected situations.

It’s a good idea to review your estate plan every 3–5 years or after major life events, such as marriage, divorce, the birth of a child, or significant changes in your assets. 

Without an estate plan, your assets will be distributed according to state law, which may not align with your wishes. This can also cause delays, additional expenses, and family disputes.

We assist clients with residential and commercial real estate transactions, including purchase and sale agreements, leases, title issues, zoning disputes, easements, landlord-tenant matters, and property disputes.

We review and draft purchase agreements, leases, and financing documents, and guide clients through due diligence, negotiations, and closing to ensure smooth and legally secure transactions. 

Zoning laws affect how property can be used or developed. Our attorneys help ensure that your property plans comply with local ordinances and can assist with variances or appeals if needed.

Personal injury law covers situations where someone is injured due to another party’s negligence or intentional actions. This can include car accidents, slip-and-fall injuries, medical malpractice, workplace accidents, and product liability claims. 

In New Jersey, the statute of limitations for personal injury claims is generally two years from the date of the injury. For certain cases, such as medical malpractice, the timeframe may be different. Acting promptly is critical. 

  You may be entitled to recover damages for:

• Medical expenses (past and future)
• Lost wages or loss of earning capacity
• Pain and suffering
• Emotional distress
• Property damage

Case length varies depending on the complexity of your injury, the parties involved, and negotiations with insurance companies. Some cases settle in a few months, while others may take a year or more. 

Municipal courts typically handle traffic tickets, DWIs, ordinance violations, simple assaults, shoplifting, disorderly conduct, and other lower-level criminal offenses. 

Expungement is a legal process that allows certain criminal or municipal records to be sealed or cleared from your public record. Once expunged, your record generally cannot be viewed by employers, landlords, or the public.

Eligibility depends on the type of offense, your criminal history, and how much time has passed since your case ended. Commonly eligible cases include:

• Disorderly persons offenses (misdemeanors)
• Certain indictable offenses (felonies) that were downgraded or resulted in diversion programs
• Municipal offenses, such as traffic violations, in some cases

It can take several months to over a year, depending on the complexity of the case and the court’s schedule.

The process includes:

1. Obtaining certified copies of your criminal or      municipal record
2. Filing a petition for expungement with the court
3. Notifying the prosecutor’s office
4. Attending a hearing (if required)

Expungement can help you:

• Apply for jobs without certain criminal history      affecting your eligibility
• Qualify for housing without disclosure of old offenses
• Move forward with personal and professional      opportunities with a “clean slate”

  The waiting period varies depending on the type of offense:

• Disorderly persons offenses: typically 5 years after completion of sentence
• Indictable offenses: often 5-10 years after completion of sentence
• Municipal offenses: usually shorter, depending on the local court rules

No. Certain serious offenses, including violent crimes, sexual offenses, and some DUI convictions, are not eligible for expungement. A qualified attorney can review your record to determine eligibility.