Bradford R. Day : Areas of Practice

Family Law

Family law is the name given to the branch of civil law that covers the legal relationships among family members, including husbands, wives, parents, children, grandchildren and domestic partners. Family law relationships encompass adoption, child custody, visitation rights, domestic violence, divorce, juvenile dependency and delinquency, marital property rights, support obligations and paternity. Because these personal relationships are governed by state law, what constitutes "family law" may vary from state to state.

Real Estate

In order to buy or sell a home, the buyer and the seller must first sign a written land contract. Once the contract has been signed, the buyer is given time to conduct a title search of the premises and to obtain the necessary financing to make the purchase. The transaction then proceeds to the closing. At the closing, a deed passes ownership from the seller to the buyer. In exchange, the buyer pays the seller the balance of the purchase price. The deed is then recorded. Our office represents buyers and sellers as well as homeowners who seek to refinance their existing mortgages.

Criminal Law

Criminal law is the name given to the branch of law that governs an individual's relationship to the state. It includes the definitions of criminal offenses, which are usually established by Congress or state legislatures. The term "criminal law" also encompasses the rights of an accused and the criminal process, including arrest, arraignment, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, evidence, motions, and posttrial remedies. The main purpose of the criminal law is to set forth the punishment for criminal offenses. In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt.

Every state and the federal government has laws against the possession, manufacture, distribution, and abuse of controlled substances, such as narcotics, marijuana, and other illegal drugs, and laws against the abuse of prescription drugs. The most serious drug offenses, i.e., those receiving the greatest punishments, include producing illegal drugs, manufacturing drugs, and selling drugs; although, the ultimate punishment for a drug offense depends upon the quantity of the drugs, its classification under the federal drug schedules, and the purpose for its possession.

New Jersey law allows individuals to petition the New Jersey Superior Court for an expungement of their arrest record or records of conviction for criminal offenses. While certain records of conviction cannot be expunged, most offenses, including crimes, minor offenses, violations of local ordinances and even juvenile records can be expunged by the Court. The effect of such an expungement is that the arrest, conviction and any proceedings are deemed not to have occurred and a successful petitioner may answer any questions relating to their occurrence accordingly, with limited exceptions. Expunged records include not only Complaints, Warrants, arrests, but also fingerprints, photographs and "rap sheets" as well as judicial docket records. The assistance of an attorney in this process can help to insure that the pleadings and notification procedures are followed correctly so that the expungement relief can be granted by the Court, oftentimes without the need for a Court appearance.

Municipal Court Offenses

Municipal Court offenses in the State of New Jersey involve not only motor vehicle traffic violations but summonses for DWI (driving while intoxicated) and minor criminal offenses such as simple assault and harassment. These types of offenses are handled in the local municipalities and often involve long-term consequences. It is important to know that the prosecution of these types of offenses involves the same standards as criminal law and that an accused is presumed to be innocent until proven guilty beyond a reasonable doubt.

Most traffic violations are handled in a manner similar to minor criminal offenses, although some offenses, such as "Driving While Intoxicated" or "Driving Under the Influence" are taken quite seriously. Even minor mechanical or speeding violations can have serious consequences, leading up to your license being suspended, if you have several infractions over a short period of time. Frequently, you will have to pay the fine listed on the face of the ticket, and there is also a strong possibility that your vehicle insurance premiums will increase.

It is against the law in every state to drive a car, a boat, or any other motor vehicle while intoxicated. "Driving Under the Influence" or "Driving While Intoxicated" is a serious criminal offense related to driving a motor vehicle while under the influence of either alcohol or drugs. If you are driving erratically or violating traffic laws, the police may stop you and, if they believe you are intoxicated, ask you to submit to a field sobriety test. They may measure your blood alcohol content by asking you to submit to a breathalyzer test or by asking for a blood and/or urine sample.

Zoning, Planning & Land Use

Zoning is a system of land use regulation exercised by local governments. Zoning regulations govern the types of activities that are acceptable on particular lots, as well as the height of buildings, and the amount of parking which must be provided. Most zoning law systems have procedures for granting variances. Zoning regulation and zoning ordinances fall under the police power authority that the local governments may exercise over real property.

Wills & Probate

In a will, a person or "testator" expresses, in writing, what he (or she) wants done with his property after he dies. Most states require wills to be signed by the testator and witnessed by two people. "Probate" is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased person or "decedent" to his heirs. Probate proceedings take place in the probate court or surrogate court in the county of the decedent's legal residence at the time of his death. If a person dies "intestate," meaning "without a will," state law determines how to distribute his property.