Video: Risks of carrying guns and weapons in public places

Weak laws permitting concealed weapons have dramatically increased the number of people who may carry hidden, loaded handguns. CCW permit holders have killed at least 14 law enforcement officers and 622 private citizens since May 2007. If you are charged with guns and weapons offences contact The Law Offices of Joel Silberman, LLC. Our toll-free number is (800) 889-3129 or email us at Joel@joelsilbermanlaw.com. For more information visit our website at www.joelsibermanlaw.com

Types of Defenses to Criminal Charges

Defenses to Criminal Charges

A person who has been charged with a criminal offense appears in court. If he or she pleads “not guilty,” the trial officially begins. In order to convict the accused, the prosecutor must prove their guilt beyond a reasonable doubt. The court gives the defendant an opportunity to present a defense. However, the final decision rests in the hands of the judge or the jury. Here are some common defenses against criminal charges:

 
  1. Presumption of innocence
    According to the law, people accused of a crime are legally presumed to be innocent. This principle requires the prosecutor to prove the criminal defendant’s guilt. Due to the presumption of innocence, the defendant does not need to argue the case, present any witnesses, or do anything to prove innocence. If the prosecutor can’t convince the jury that the defendant is guilty, he or she goes free.
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  3. Proof beyond reasonable doubt
    Because of the serious consequences of a criminal conviction, a prosecutor must prove unequivocal guilt. In other words, the prosecutor must convince a judge or jury that the defendant is guilty “beyond a reasonable doubt.” If a reasonable doubt exists relative to one or more elements of the crime that has been charged, the defendant can argue the case. If doubt remains or the ‘burden of proof’ has not been met, the defendant is given the benefit of the doubt and cleared of the charge.
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  5. The alibi defense
    In this defense, the defendant attempts to prove that he or she was somewhere other than the scene of the crime at the time the crime allegedly occurred. It seeks to prove that the defendant is innocent. For example, if the defendant was accused of committing a burglary at a certain date or time, the evidence to support the alibi might consist of family testimony and other evidence proving that he or she was at a different place.
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  7. Self-defense
    Self-defense is about the right to protect oneself or others from physical harm by using reasonable force or defensive force. It means the person doesn’t necessarily have to wait for the attack in order to act in self-defense. However, the force used should be reasonable under the circumstances. This type of defense is commonly used by defendants who have been accused of violent crimes, such as battery, assault with a deadly weapon or murder. The defendant admits violence, but attributes the crime to the other person’s threatening or violent acts. The core issues in most self-defense cases are:
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    • Who was the aggressor?
    • Where did the incident take place?
    • Did the defendant have a duty to retreat before using force?
    • Was the defendant’s belief that self-defense was necessary reasonable?
    • Was the force used by the defendant reasonable?
     
  9. Insanity defense
    In this defense, the defendant admits the offense, but seeks to absolve himself or herself from blame on the grounds of insanity. It is based on the principle that punishment is justified only when one is able to control one’s behavior and has the capacity to understand that one has committed a crime. This defense prevents people who cannot fully function in society from being criminally punished. An insanity defense case involves complex procedures and various tests to determine the truth of the claim.
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  11. Intoxication defense
    This defense depends on whether the intoxication was voluntary or involuntary, and whether the intent in question was clear and strong enough to merit a criminal charge. Involuntary intoxication can be a defense to criminal charges if the person was tricked or forced into consuming drugs or alcohol. Generally, voluntary intoxication does not excuse criminal conduct. However, some states have an exception to this rule. The defendant can argue that he or she was too drunk or high to have formed the intent to commit the crime. Specific intent can only be used as a partial defense in a case. It can be used to raise reasonable doubt about specific intent in a crime.
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  13. The defense of entrapment
    Entrapment occurs when the government or the law enforcement officers persuade a person to commit a crime by actually placing the idea in their mind. For example, the police may use overbearing tactics or coercion to induce someone to commit a crime. However, entrapment can be difficult to prove when a defendant has a prior related conviction. In addition, the defendant may be found guilty even if a government agent suggested or helped commit the crime if a judge or jury believes that he or she had the inclination to commit the crime.

Need a strong criminal defense? Contact The Law Offices of Joel Silberman, LLC

The Law Offices of Joel Silberman, LLC are dedicated to fighting for individuals who are facing Federal, State or Municipal charges. We will defend you and your loved ones against all types of violent crime charges. Call us today at http www.joelsilbermanlaw.com bollinger-bands-excel-xls or (800) 889-3129 or email us at joel@joelsilbermanlaw.com.

Discretions of a Criminal Lawyer

Lawyer, judge and criminal

Criminal Lawyers, also known as criminal defense lawyers, defend individuals, organizations and entities that have been charged with a crime. They are responsible for providing the defendant with legal advice, counsel and representation during a criminal trial. Many criminal defense lawyers become involved at a very early stage in the criminal justice process, providing legal services even before criminal charges have been formally filed against a suspect. Many criminal lawyers also continue to work with a defendant even after trial to help them with post-trial legal issues like parole and probation.

Every criminal defense case is unique. The manner in which the criminal defendant acts and answers the questions that the prosecutor poses is important. Moreover, it is crucial for clients to tell their lawyer the complete truth. The best criminal defense strategy lies in the defendant and the criminal lawyer laying out a story that is based on the truth. Even if the defendant is guilty, if he or she honestly confides the truth to the lawyer, the lawyer can present the story in a better light. This could result in a plea bargain, or to the defendant being found guilty on a lesser charge.

Unfortunately, fearing exposure, many clients are reluctant to admit the whole story to their lawyers. They are not able to trust their lawyer fully, doubting if that will be to their advantage. There are certain discretions that a criminal lawyer has. Here are some facts and reasons why you can and should confide in your criminal lawyer:

  • If a defendant confesses to his lawyer that he or she actually committed the crime, the lawyer does not have to disclose the client’s confession of guilt to the court or to anyone else. The lawyer can advise the client to change his or her plea to guilty, but the defendant has immunity from self-incrimination under the Fifth Amendment of the U.S. Constitution. Moral and professional ethics bind lawyers from revealing statements made in confidence.
  • It is the responsibility of the criminal lawyer to advocate for the accused by doing everything within the law to clear the latter of the charges leveled against him or her. But, at the same time, it is not the lawyer’s responsibility to determine whether the client is guilty or innocent. Only a judge or jury can decide that.
  • The lawyer will advise the client on the various decisions the client must make about how the case will be handled. The lawyer will make sure that the client fully understands the consequences of all the decisions. But in the end, the client decides and bears all the consequences.
  • A criminal lawyer who is a private practitioner has the right to decline or accept a particular case. However, the accused has a right to legal counsel under the constitution. A court-appointed lawyer will represent the accused if he or she is not able to pay for legal representation.

Every lawyer is sworn to uphold a code of personal responsibility requiring them to represent the client to the best of their abilities within the parameters of the law.

Contact Us

If you or a loved one is facing criminal charges, you can contact The Law Offices of Joel Silberman, LLC. Call our toll free no. at (800) 889-3129 or email us at Joel@joelsilbermanlaw.com.
We represent every case with commitment and dedication.

Guns & Weapons Offenses in Public Places

Guns in public places

Common sense says that having more guns and weapons in public increases the risk of violence. People carrying hidden, loaded handguns and other weapons in public create an unnecessary risk of intentional or accidental shootings. The presence of concealed guns increases the risk that commonplace disagreements will escalate into shootouts, especially in places like bars, sporting event venues and in traffic, where disputes frequently occur.

56% of Americans oppose laws allowing people to carry concealed, loaded handguns in public places. However, state after state has adopted the “shall issue” or “may issue” gun laws that remove law enforcement discretion from the permission process. Weak laws permitting concealed weapons have radically increased the number of people who may carry hidden, loaded handguns.

New Jersey and New York require CCW (Concealed Carry Weapon) permits. Applicants must demonstrate good cause or a justifiable need to carry a concealed weapon. New Jersey and New York are among the “may issue” states that require applicants to complete a firearm safety course, or otherwise demonstrate their qualification to use a firearm safely. New Jersey also requires that three reputable persons who have known the applicant for at least three years certify that the applicant is of good moral character and behavior. On the other hand, New York requires the licensing authority to ascertain that the applicant is of good moral character.

According to the Violence Policy Center analysis of news reports, CCW permit holders have killed at least 14 law enforcement officers and 622 private citizens since May 2007. These tragic incidents include 27 mass shootings and 39 murder-suicides.

In a 2010 nationwide poll, a majority of Americans opposed laws allowing people to carry concealed, loaded handguns in public places. Nine out of ten Americans oppose laws allowing guns on college campuses or in bars, restaurants, stadiums, hospitals or government buildings.

The Law Offices of Joel Silberman, LLC

Are you being investigated for, or being charged with federal gun-related offenses? Often the government’s seizure of weapons involves search warrants and warrant less searches. The Law Offices of Joel Silberman prides itself on examining the legality of every case and pursuing the appropriate motions. Call our toll free number at 800-889-3129 or email us at joel@joelsilbermanlaw.com

Potential Defenses to Domestic Violence

domestic violence defense
Domestic violence charges are very serious and its conviction can carry serious consequences. If you have been wrongly accused of committing an act of domestic violence, a strong domestic violence defense is essential in protecting your reputation and freedom. Here are some potential defenses to domestic violence:

Wrong suspect: You can defend yourself by establishing that someone else was responsible for the abuse and not you. There are a number of ways to establish your innocence, such as presenting evidence as to whether you were near the scene of the alleged incident and whether you had a reliable alibi.

Self-defense: You may make a claim that your action was in self-defense or to protect your children. A claim of self-defense may work if you reasonably perceived an imminent threat, had a proportional response, and were not the initial aggressor.

Deliberate and false allegations: Sometimes, an accuser may make false allegations of abuse against partners out of spite. This is generally common in child custody and divorce cases. To turn away a conviction stemming from false allegations, your defense attorney will try to search for inconsistencies in the accuser’s story by comparing it to police records and witness accounts.

Consent: Although very uncommon, if the accuser gave consent to the act, then that same consent may work as a defense against a domestic violence charge.

Accused of Domestic Violence in NJ? Contact The Law Offices of Joel Silberman, LLC

If you have been accused of domestic violence in New Jersey, you should speak with our NJ domestic violence attorneys right away. Our experienced attorneys will provide valuable guidance throughout your case, while protecting your fundamental rights. Call us at (800) 889-3129 or email at joel@joelsilbermanlaw.com.

Penalty for a DUI Charge

DUI

Like any other criminal charge, a person charged with driving under the influence (DUI) is presumed innocent until he/she is proven guilty. If you are found guilty, the penalty will depend on the state law, as well as on any other circumstances, e.g., if there was an open bottle of liquor in the car; and your cooperation with the police. The following are the penalties for a DUI charge:

Jail Time

In all states, first-offense DUI is a misdemeanor, and punishable by up to six months in jail. This jail time can be increased under certain circumstances. In some states, if the blood-alcohol content at the time of arrest was very high and crossing the legal limit of 0.08%, the punishment can be more severe.

In most states, a minimum jail sentence of at least several days on a first offense is required. Subsequent offenses will result in a jail sentence of several months to a year.

For a DUI that is a felony because either the driver killed or injured someone, or because it’s your third or fourth DUI, a jail sentence of several years can be given.

Fines

Courts also impose high fines for a DUI in addition to a jail sentence. This can range from $500 to $2,000.

License Suspension

Your license can be suspended for a considerable period of time. In many states, a first time offender’s license can be suspended for 90 days. A second time offender’s license can be suspended for one year; and a third time offender’s license can be suspended for three years. If you refuse to take a blood, breath, or urine test, it can result in license suspension. In some states, if you are a repeat offender, you may not be allowed to get back on the road. Your registration can be canceled temporarily or permanently and the state may confiscate your car.

Young Offenders

In most states, the legal drinking age is 21. A minor who is arrested for driving while under the influence will not get any respite from punishment. Adult sentences on minors can be imposed, and their license suspended for one year.

Other Forms of Punishment

In many states, a court sentence may include alcohol education and prevention programs, rehabilitation for alcohol abuse, assessment of a person for alcohol or drug dependency, and community service or victim restitution. If you are a first time offender, these programs can be recommended instead of jail time or paying fines.

Other Consequences

Your insurance company may also cancel the insurance policy or increase the rates because of the mark on the driving record. A DUI charge stays on a person’s driving record for many years. If your license is suspended, the insurance company may cancel the insurance policy.

Get in Touch with Defense Lawyer from The Law Offices of Joel Silberman, LLC

After being convicted under DUI charges, you can still protect your rights. You have the right to contact your DUI defense lawyer. We will work to protect your rights, and fight on your behalf to avoid a serious criminal conviction. Get in touch with The Law Offices of Joel Silberman, LLC You can call us at (800) 889-3129 or email us at joel@joelsilbermanlaw.com.

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