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What to Expect from a Criminal Defense Lawyer

Criminal law

If you have been arrested or charged with a criminal offense and are looking at some serious penalties or time in prison, you will want to have the best criminal defense lawyer by your side. A criminal defense lawyer is experienced, and is an expert in the field of criminal law. He or she may be able to make certain arguments and spot certain factors that could mitigate or even negate any potential crime. Hence, getting a criminal defense lawyer to represent you in your criminal trial is a necessity.

A criminal defense lawyer can call witnesses in your defense and cross-examine witnesses that the prosecution puts forward. In addition, a criminal defense lawyer may also:

  • Figure out a good sentencing program on your behalf. If you are found guilty, your criminal defense lawyer may be able to work the sentence in such a way that would prevent you from winding back up in the criminal justice system.
  • Work with you and the prosecutor to negotiate a “deal”. This deal is also known as “plea bargain”. A plea bargain can often reduce potential sentence or eliminate some or all of the charges brought against you.
  • Help you with the emotions that come with criminal trials. Criminal prosecutions may often make a defendant feel embarrassed, depressed, and fearful and suffer from low self-esteem.
  • Provide you with a reality check. A criminal defense lawyer often knows the situation better than you will during the criminal trial. He or she can offer insights into how the trial is actually going on and what will likely happen in the future.
  • Point out important legal rules and regulations about criminal prosecution. There are many rules and laws that are buried within regulations and laws, and even prior court opinions. A criminal lawyer knows all these rules and regulations.
  • Spend more effort and time on a case than a defendant who chose to represent himself.
  • Gather evidence and statements from witnesses that are going to be called by the prosecution. Sometimes, witnesses may refuse to give a statement or information to people that were allegedly involved in a crime for their safety. However, they may be willing to talk to an attorney.
  • Find and hire investigators on your behalf to not only investigate the alleged crime but also investigate the witnesses that the prosecution is going to call to the stand. If the investigators can find valid evidence, this could help your case tremendously.

Contact Our Experienced Criminal Defense Lawyers

If you or a loved one has been arrested or charged with a criminal offense in New Jersey, call The Law Offices of Joel Silberman, LLC for help. We will provide you an aggressive defense from start to finish, and will keep you informed regarding your case. For a free initial consultation, call us at (800) 889-3129 or email at joel@joelsilbermanlaw.com.

 

Child Pornography and the Offenders

Child Pornography

Child Pornography is a form of child sexual exploitation. Federal Law defines Child Pornography as “any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old).” Images of Child Pornography are also referred to as child sexual abuse.

It is a crime to produce, possess, distribute, or sell any pornographic material that exploits a minor. When Child Pornography laws are violated the offenders face severe statutory penalties. Child Pornographic laws also include the use of technology and the internet to obtain, share and distribute Child Pornographic material.

The offenders in Child Pornography

Offenders involved in Child Pornography vary from producers to actual users. It is important to apprehend all individuals in every step of the process to combat and eliminate Child Pornography. Common groups of Child Pornography offenders are:

The Producers: These are the individuals who employ, use, or advertise minors in pornographic material. This includes both homemade and commercially produced pornography.

The Distributors: These individuals are involved in commercially producing material. They sell, mail, loan, give, export, advertise, or transport pornographic material. There are many pedophile organizations that act as contact services for pedophiles to obtain Child Pornography.

Coercers: They are involved in coercing children to engage in pornographic material. They rely heavily on bribery and persuasion. They often manipulate children by offering them things that they really want.

The User: They are commonly called pedophiles. These take pleasure in using pornographic material.

Child Pornography among youth

Sexting is another issue that has arisen in the recent past. It is the use of peer/self-exploitation among teenagers. In certain circumstances, sexting may be considered criminal in nature. These may include the following:

  • A young person unintentionally creating Child Pornography.

  • Youth intentionally producing or sharing images/videos that meet the Child Pornography criteria.

  • A young individual who is engaging in behaviour that involves intimidation and/or coercion of the affected youth. He/she is also guilty of creating and sharing of Child Pornography.

  • Criminal harassment, extortion, voyeurism, and impersonation.

Hire an Attorney today

Whether falling under federal or state law, Child Pornography crimes are serious and carry very long sentences. When your reputation, your job and your livelihood are on the line, a sex crimes attorney in Jersey City, NJ at The Law Offices of Joel Silberman, LLC can assist in investigating and preparing your case. Joel and his team can work with the appropriate experts to maximize your ability to obtain a successful resolution of your case. Are you charged with an offense in Child Pornography? Our expert and well versed lawyers have your best interest in mind while fighting your case.

 

Video: Penalties for Statutory Rape

Statutory rape refers to having sex with someone below the “age of consent”. Laws vary among the states concerning statutory rape. Charges against the accused depend on the age of the victim and the age difference between victim and perpetrator. Penalties include jail sentences, probation, incarceration and fines. If you have been accused of statutory rape, contact a sex crimes attorney to ensure your rights are not jeopardized.

 

Video: Consequences of a Drug Offense

Drug offense is a serious crime in New Jersey. The consequences include probation, imprisonment, fines, and loss of driving privileges and forfeiture of money. If you have been charged with a drug offense, contact the law office of Joel Silberman Law, LLC. Our experienced and tough drug defense lawyers will defend your rights and fight to keep you out of jail.

 

2 Bayonne police brutality lawsuits settled for $335K

Two separate police brutality lawsuits filed against the Bayonne Police Department and city police officers were settled for a total of $335,000, according to a settlement agreement that was released today.

In one of the cases, Jason Rios sued Bayonne police over an incident on Aug. 29, 2010, in which he said police pepper-sprayed him, knocked him out cold, and arrested him for no reason. A police report said Rios acted in a “threatening manner.”

Read more..

 

NJ DWI Laws-Blood Alcohol Concentration (BAC) Limits in NJ

If you are suspected of Driving While Intoxicated in New Jersey, the concerned officer will stop you and take you through a series of field sobriety tests. Your blood alcohol concentration or BAC will be determined by using a breathalyzer or blood test. It is important to be aware of the BAC limits under New Jersey law.

BAC Limitations and Penalties:

Drivers who are 21 and above

If you are of 21 years of age or older, and are caught driving with a BAC of 0.08% or higher in New Jersey, you may be convicted of DWI. This standard is applicable to drivers who are legally allowed to consume alcohol.

DWI with a BAC of 0.08%-0.09% may carry a fine of $250-$400 with up to 30 days in jail, IDRC classes and a 3 month drivers license suspension. DWI with a BAC of 0.10% or higher may carry a fine of $300-$500, with a drivers license suspension ranging from 7 months to 1 year.

Drivers under the age of 21

If a driver under the age of 21 is caught with a BAC of 0.01% or 0.07%, he/she may be convicted of underage DWI. DWI with a BAC of 0.01%-0.07% may include penalties of 30-90 days license suspension and 15-30 days of mandatory community service.

Commercial (CDL) Licensed Drivers

Commercial drivers (holders of CDL licenses) who are driving commercial vehicles and whose BAC is 0.04% or higher may be charged with DWI. A DWI conviction may result in a suspension of their CDL license in addition to their driving license.

BAC Under the Limit Can Still Result In DWI

A BAC of less than 0.08% does not mean you can avoid a DWI charge. Police can decide you are intoxicated based on your performance in the field sobriety tests, your speech, other behavior and your driving conduct. If you have any amount of alcohol in your body that  affects your driving, you may still be charged with DWI.

Contact DWI Defense Attorney in NJ

If you have been accused of DWI and are in need of legal help, contact our New Jersey DWI defense attorney at The Law Offices of Joel Silberman, LLC. We focus exclusively on DWI defense.  Call us today at (201)-273-7070 / (800) 889-3129 or email us at joel@joelsilbermanlaw.com.

 

Cocaine Possession – determining the penalties and categorization of charges

Possession of cocaine is a serious crime. If you have been charged with the possession of cocaine, you may face serious penalties. It is important for the defendant to be aware of how charges are categorized. It is also advisable to hire a drug offense attorney to protect your rights.

Categorization of Possession of Cocaine Charges

  • Weight of cocaine: Many states categorize the possession of cocaine charges based on the weight of the cocaine. Possession of cocaine that weighs less than a gram will result in the lowest level of felony. People who possess higher weights of cocaine will face higher degrees of felony.
  • Distribution of cocaine: Cocaine can be distributed in the form of crack rocks, or in powdered form in small baggies. If a person is found with several baggies or crack rocks, the charges may be increased by alleging that the person possessed the cocaine with intent to distribute.
  • Purity of the cocaine: Charges for the possession of cocaine will also be influenced by the purity of the cocaine. When a package of cocaine is first introduced for distribution, it has a higher degree of purity. For this reason, the person possessing the higher purity level of cocaine is an indication of distribution, hence, the defendant’s charge increase.

Determining the Penalties

The penalties are influenced by the degree of felony. The penalties for a mere possession of cocaine can range from automatic probation, to up to five years in prison. The penalties for possession of cocaine will increase incrementally by weight.

Some states will enhance the penalties based on aggravating circumstances. Some of these include possession of cocaine within a drug free zone, having a firearm, and the purity level of the cocaine.

The penalties for the possession of cocaine with the intent to distribute are also higher. Some states will increase the felony level to the next felony category for the distribution of cocaine.

Drug Offense Lawyer in New Jersey

If you or a loved one has been charged with a drug-related offense in New Jersey, contact The Law Offices of Joel Silberman, LLC immediately. Our experienced NJ drug defense lawyers will defend your rights and fight to keep you out of jail.

Law enforcement never rests and neither do we. Immediately after retaining Attorney Joel Silberman, you will receive a 24/7 dedicated line to contact him on.

Call us at (201)-273-7070 / 800-889-3129 to schedule a consultation with Attorney Joel Silberman.

 

What is Statutory Rape?

Statutory rape refers to having sex with someone below the “age of consent”. Laws vary among the states concerning statutory rape laws the “age of consent”. The crime is also referred to differently according to state.

Statutory rape differs from other types of rape or molestation. In the case of a rape, the act would not be a crime if all participants were willing and above the age of consent. However, statutory rape can involve underage participants who willingly engaged in the act. Those who are under the age of consent cannot legally consent to sex. Therefore, the act is considered a crime.

Age of Consent

The age of consent is the age at which someone can legally agree to be involved in sex. This age varies from state to state. Different states set the age of consent at 16 years old, while others set it at 17 or 18.

Factors Affecting the Charges and Penalties

The penalties concerning statutory rape depend upon the facts involved. Most typically, the two main factors which affect the level of offense for an act of statutory rape are

  • The age of the victim.
  • The age difference between victim and perpetrator.

Other factors that are taken into consideration are the number of prior sex offenses committed by the accused, involvement of drugs or alcohol and whether or not, the crime resulted in a pregnancy.

Penalties for statutory rape may be as follows:

  • Prison or jail sentences
  • Probation
  • Incarceration
  • Fines and mandated treatment services.

Contact Us in Times of Need:

If you are accused of statutory rape, call us right away for highly qualified and devoted legal representation. Law enforcement never rests and neither do we. Immediately after retaining Joel Silberman you will receive a 24/7 dedicated line to contact him. Call The Law Office of Joel Silberman, LLC today at (201)-273-7070/ (800)-889-3129 or email joel@joelsilbermanlaw.com.

 
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