Video: What a DUI Defense Attorney Do for Me

A DUI defense attorney can utilize their experience in DUI defense strategies, negotiate a plea bargain with the prosecutor and expunge your conviction. If you or a loved one has been arrested and charged with a DUI, you need to speak to the experienced DUI defense lawyers at the Law Offices of Joel Silberman, LLC. We will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 800-889-3129.

Slide | What Does a DUI Defense Attorney Do

A DUI (Driving Under the Influence) offense can have serious penalties and can involve hefty fines, loss of driving privileges and jail time. Getting the help of a skilled DUI defense attorney is crucial. A DUI defense attorney can negotiate a plea bargain with the prosecutor, find loopholes and errors, expunge your conviction and get a fair judgement. If you or a loved one has been arrested and charged with a DUI, you need to speak to our experienced DUI defense lawyers as soon as possible. We will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 800-889-3129.

What Does a DUI Defense Attorney Do

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What Does a DUI Defense Attorney Do?

DUI defense attorney

A DUI (Driving Under the Influence) offense can result in serious penalties. It can involve hefty fines, loss of driving privileges and jail time. DUI law is very complicated, and the facts of every case are different. A person who doesn’t have any legal training or experience may not know the viable defenses or ways to minimize the potential consequences of a conviction. Getting the help of a skilled DUI defense attorney is therefore crucial. Here are the things a DUI defense attorney can do:

Utilize their experience: One of the biggest advantages that a DUI defense attorney can provide is their experience. A skilled attorney will have experience and training in DUI defense strategies. He or she will know exactly what to do within the court system to achieve the best outcome for your case.

Keep track of legal deadlines: A DUI attorney can keep a track of the deadlines and fill out the necessary paperwork and documents within the protocols and procedures set by the court.

Negotiate with the prosecutor: Your attorney may work with the prosecutor to negotiate a plea bargain. A plea bargain can have your case dismissed entirely or the charges reduced.

Find loopholes and errors: An attorney with experience in DUI cases can spot inconsistencies or procedural loopholes in your case and work toward having the case dismissed.

Expunge your conviction: If you are convicted, your attorney can help you get the conviction expunged so that it does not affect your credit or future employment. It is important to note that expungement procedures may differ per state and local jurisdictions. Only an experienced attorney will know how to navigate the system.

Get a fair judgement: Once convicted, you are likely to face serious punishment. If you have a DUI defense attorney representing you, he or she can negotiate a fairer judgment from the court, such as community service.

If you or a loved one has been arrested and charged with a DUI, speak to our experienced DUI defense lawyers as soon as possible. We have extensive knowledge and the necessary experience and skills in handling DUI matters. Our DUI defense lawyers will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

The Top 6 Questions to Ask Your DUI Defense Attorney

DUI attorneys

If someone has been charged with a DUI, consulting a good DUI defense attorney is the most important decision you can make. Most DUI defense attorneys offer a free initial consultation. Make sure you compile a list of questions to ask before you hire an attorney.

Here are the top six questions to ask your DUI defense attorney:

  • Special training: Ask if the lawyer is certified by any organizations such as the NCDD (National College for DUI Defense). Ask if the attorney has training from the National Highway Traffic Safety Administration in administering Standardized Field Sobriety Tests and if they received training on using the breathalyzer machine.
  • Experience: Ask how many years the attorney has been practicing DUI law, how many cases they have handled and what their trial experience is.
  • Knowledge about the local court system: Make sure the lawyer practices in your county and knows the prosecutors in that jurisdiction. Knowing what kinds of plea deals a prosecutor normally offers could make a big difference in your case.
  • Fees: Ask if the lawyer charges a flat fee or an hourly rate. A flat fee is more common for DUI lawyers. Ask if there will there be extra costs, such as expert witness fees. Also, ask for details on how you will be billed.
  • Personalized attention: You want to be sure that your case gets the attention it needs. Ask if the DUI defense attorney will personally work on your case and represent you in court or give your case to their assistant to handle.

If you or a loved one has been arrested and charged with a DUI or DWI, contact The Law Offices of Joel Silberman, LLC. Our experienced DUI/DWI defense attorneys have extensive knowledge and the necessary experience and skills to handle your case. We will work hard to protect your rights and fight on your behalf to help you avoid a serious conviction. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

Could you be Criminally Charged for Driving and Texting?

Man texting and driving

Texting and driving is dangerous and can have severe consequences. Many states have an explicit law for texting and driving. Federal law bans texting and driving and categorizes it as distracted driving. Many state’s law on texting and driving even specify jail time.

In New Jersey, texting and driving is a criminal offense. For the first offense, you could receive a fine of $200 to $400. The second offense has a fine of $400 to $600. The third offense increases fines by $200 and could include a 90-day license suspension, plus motor vehicle points.

If your action of texting and driving causes injury to someone, then you might face jail time. If your action of texting and driving led to someone else’s death, then you can be charged with negligence and vehicular manslaughter or a homicide charge. If convicted of a vehicular homicide, you can face a term of imprisonment in the second degree between 5 and 10 years, of which you will not be eligible for parole for a minimum of 3 years.

In cases when your texting and driving didn’t result in something as severe as a fatality, you could still be charged with reckless driving.

If you’ve been arrested or charged with driving and texting, it is in your best interest to seek legal advice as soon as possible. An experienced criminal defense attorney can build a strong defense for you and help you determine whether you should take your case to trial or not. Criminal defense attorney Joel Silberman at the Law Offices of Joel Silberman has the skills, knowledge, compassion, and dedication to help you. Call 201-273-7070 or email joel@joelsilbermanlaw.com.

The Difference between Malicious Prosecution and Abuse of Process

justice

A plaintiff can sue for malicious prosecution when a defendant “maliciously” prosecutes a criminal or uses a civil proceeding against the plaintiff when the defendant knows they don’t have a case.

Abuse of process occurs when a plaintiff sues a defendant for wrong accusation or a previous case where the defendant tried to use the legal system against the plaintiff in a manner for which legal system is not intended.

The Essential Elements of Malicious Prosecution

A successful malicious prosecution claim requires the following:

  • Beginning or continuing a criminal or civil legal proceeding
  • Believing in the allegations of the proceeding without any reasonable grounds
  • Getting to a judgment in the proceeding without a purpose
  • Termination of the proceeding in favor of the person being prosecuted or sued

An example of malicious prosecution is when the police brutalize an individual and then, in an effort to cover up their own criminality, charge that individual with resisting arrest or assaulting a police officer although no such activity ever took place.

The Essential Elements of Abuse of Process

In the case of abuse of process, a plaintiff can sue for abuse of process when a defendant starts the legal process. The most important element of abuse of process is that:

  • A plaintiff shows an improper and unnecessary purpose
  • The defendant uses the legal system to extort, force or create an illegal effect through the use of an otherwise legal process.

For example, when a defendant’s lawsuit is legitimate but a certain aspect of the lawsuit is not, the plaintiff can still sue for abuse of process.
If you believe that you or a loved one has been maliciously prosecuted, please call the Law Offices of Joel Silberman for a free consultation. We have the knowledge, skills and experience to help you. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

Why You Should Hire a Certified Criminal Trial Attorney

Criminal trial attorney

Certified trial attorney is a title granted by the New Jersey Supreme Court to criminal trial attorneys that demonstrate a higher level of experience, education, knowledge and skills in their criminal trial practice. This certification is solely granted to those lawyers who apply for it. The Supreme Court, through its board on attorney certification, grants this title to those lawyers who are able to meet the standards set by the board and approved by the court. An attorney can be a certified criminal trial attorney if:

  • He or she has been a member of the New Jersey Bar for at least five years.
  • He or she has taken a specific number of legal education courses in the years prior to filing an application.
  • He or she demonstrates substantial involvement in the preparation of litigated matters.
  • He or she submits a list of attorneys and judges who will attest to the applicant’s character and ability.
  • He or she passes a written examination covering various aspects of trial practice in their designated specialty.

If you or a loved one has been arrested or charged with a crime, it is in your best interest to hire a certified trial attorney because:

  • Certification is the highest level of evaluation for competency, experience, professionalism and ethics within a specific area of the law.
  • When you hire a certified criminal defense attorney, you can be sure that your attorney is a specialist in their area of the law.
  • Certification is an assurance that the attorney has the skills and experience to succeed in the high-pressure environment of a courtroom.

Do You Need a Criminal Trial Attorney?

At the Law Offices of Joel Silberman, no case is too big or too small. Whether you have been issued a summons for Municipal Court or been charged with a first degree offense, you will receive the same aggressive and hard-hitting representation. Attorney Joel Silberman will defend you or your loved ones against all types of criminal charges including drug crimes, DUI, DWI, murder or manslaughter, theft and fraud, assault and domestic violence, weapons offenses, juvenile offenses, traffic violations and record expungement. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

Video: What is Aggravated DWI

Aggravated DWI is a misdemeanor. If you are charged with it, you will most likely not be able to plead below a DWI misdemeanor. It has higher penalties and is considered a more serious crime than a regular DWI. An Aggravated DWI has criminal and civil penalties. If you have been arrested and charged with a DWI, our experienced DWI defense lawyers will work to protect your rights and fight on your behalf to help you avoid a serious criminal conviction. Call 800-889-3129.

Man charged with sex assault on 8-year-old girl

A 25-year-old man charged recently with sexually assaulting an 8-year-old girl now faces two counts of aggravated assault for allegedly attacking a sheriff’s officer and inmate while being taken to jail.
The Hoboken man is charged with aggravated assault for allegedly striking the uniformed officer on the elbow with his handcuffs and then punching her on Wednesday, the criminal complaint says. Read more…

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