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Juvenile Crimes in New Jersey

When a child commits a crime in New Jersey, they can be arrested or detained. Although children make mistakes, parents must face the reality that their child has committed a crime and the consequences of that crime can be as simple as writing an essay for misdemeanor crimes to possibly being tried as an adult for felonies. New Jersey judges have a lot of leeway when deciding how to handle a juvenile case.

A person under the age of 18 in New Jersey is considered a juvenile. If the person commits a crime and turns 18 during the course of a trial, they are still considered a juvenile. In extremely serious cases such as assault and murder, courts can try a juvenile as an adult. In some of the less serious cases, a juvenile case is heard in the family division of the Superior Court.

In juvenile cases, the parents of the child will get a notice from the Superior Court describing the charges, court procedures and other information pertaining to the charges. Simple cases are sometimes referred to the Juvenile Conference Committee, who are citizen volunteers appointed by a Family Division judge to act on the court’s behalf. Other cases can be referred to a judicial referee, who is an attorney that sits in for a judge and acts on the court’s behalf with the same legal authority.

In all juvenile cases, the child must have representation that has their best interests in mind. As soon as parents get a notice from the court, they should speak with an attorney. If there are provable monetary considerations, the state must provide a public defender. New Jersey is strict and if either parent is employed, they will most likely not be eligible for assistance. It is important to note that public defenders usually have very high caseloads and are not able to devote the kind of time and energy that a juvenile criminal defense attorney can when defending a child for any kind of criminal charge.

Attorney Joel Silberman has defended many children facing adult trials and whenever possible, succeeded in having them downgraded to a family court matter. We can consult with prosecutors, obtain the state’s evidence and assess the case to effectively represent the interests of your child. Our experienced criminal defense attorneys can help protect your child’s rights and assess your family’s options. Call the Law Offices of Joel Silberman, LLC in Jersey City, New Jersey at 201-273-7070 or 800-889-3129 or email joel@joelsilbermanlaw.com.

 

What to Do If You Are Falsely Accused of a Crime?

False arrest

A false criminal accusation can have serious consequences. If every step leading up to the trial isn’t handled properly, there can be a negative impact on every area of the individual’s life, as well as future employment and educational opportunities. It is important for the accused person to know exactly what to do. His or her actions immediately following the charge can make the difference between conviction and acquittal.

When you are falsely accused of a crime:

Hire a criminal defense attorney: This is the first and most important thing to do. Hiring a lawyer early in the investigation can increase the chances of proving your innocence. Your lawyer may also be able to determine if the charges were properly filed, negotiate with the prosecutor and help you understand your legal rights.

Do not discuss your case with anyone: When you have been falsely accused of a crime, do not try to prove your innocence to anyone. Remaining silent will do more good than harm. Discuss your side of the story and other details of the incident only with your lawyer.

Gather evidence and witnesses: Before the search warrant is issued, gather as much evidence as possible and bring it to your lawyer. If someone witnessed the situation or knows of your innocence, ask that individual to share their story with your lawyer.

Stay away from the accuser: Do not try to have any type of conversation with your accuser as it can complicate the matter further. The prosecutor could potentially blame you for intimidating the accuser. Allow your lawyer to handle the matter.

Contact Us

If you have been falsely accused of a crime, our experienced criminal defense attorneys can help you protect your rights and assess your options. We will provide an aggressive defense and keep you informed regarding your case. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

Bayonne police brutality suit cost at least $1.5 million to settle

At least $1.5 million was paid to settle a police brutality lawsuit brought by a family that was beaten and pepper-sprayed by Bayonne police, according to a confidential deal released Friday after a year-long court battle by The Jersey Journal.

The family of Brandon Walsh sued the city of Bayonne and the police department in November 2014, 11 months after Walsh was beaten with a flashlight during an arrest at his home. Read more.

 

Federal lawsuit against Hamilton policeman heats up

A federal complaint against a Hamilton policeman remains active as a U.S. District Court judge denied the officer’s legal attempt to terminate the lawsuit.

Legal counsel for Officer James Scott filed a motion seeking a quick summary judgment and requesting the court to dismiss Randy Padilla’s complaint with prejudice, arguing that Scott had probable cause to issue a criminal complaint against Padilla. Read more.

 

The Consequences of Refusing to Take a Breathalyzer Test

Breathalyzer test

When a person is pulled over by the police on suspicion of driving under the influence (DUI), the officer may administer a field sobriety test, followed by a Breathalyzer test. A Breathalyzer test is one of the many tests that police officers use to take drivers suspected of being under the influence into custody.

Most states have implied consent laws regarding these types of tests. This means that when a person applies for and is issued a driver’s license, he or she is automatically giving consent to a Breathalyzer and other tests, whenever necessary, to determine impairment. However, many people refuse to take this test.

Refusing to take a Breathalyzer test can result in serious consequences. Your driver’s license may be revoked or suspended for up to 12 months, fines may be imposed, and you may face a jail term for not submitting to a BAC test when suspected of a DUI. Drivers with past DUI convictions can face even longer suspensions or jail time.

Refusing a Breathalyzer test is not advisable because prosecutors may still base a potential DUI charge on other evidence collected at the scene, such as officer observations, witness testimony, or the results of a field sobriety test. The refusal may also be used against you in a future trial.

Contact Us

New Jersey has extremely tough laws for refusing to take a Breathalyzer test. The consequences can have a devastating effect on a person’s career and family. If you or a loved one has been arrested and charged with a DUI or Refusal, you should speak with attorney Joel Silberman as soon as possible to start preparing a defense. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

What To Do If You Are Falsely Accused of Domestic Violence

False domestic violence accusation

Domestic violence is a serious crime, and false accusations can have serious consequences. It can affect every aspect of a person’s life, including his or her reputation. If you have been falsely accused of domestic violence, there are specific things to do to protect your freedom and reputation. Here are some tips from the domestic violence attorneys at The Law Offices of Joel Silberman, LLC, on what to do after you have been falsely accused of domestic violence:

Seek legal help:

This is one of the most important things to do. An experienced domestic violence attorney can help you through every step of the legal process leading up to the trial. Your lawyer will have the knowledge and skills to thoroughly review the case and determine which legal options will result in the best outcome.

Inform family members about the false accusation:

It is not uncommon for family members of the alleged victim to turn against the loved one accused of the crime. Inform your family members about your ex partner’s accusations. It will prepare them for the worst and encourage them to believe your side of the story.

Do not meet your ex partner without a witness:

If circumstances force you to come into contact with you ex partner, do not meet him or her alone. Make sure you have a witness present and if possible, meet him or her in a public place. Having a witness present can help avoid another false allegation by your ex partner.

Avoid behavior that can be used against you:

While you are in court, do not engage in arguments with your partner, joke about violence or suicide or act out aggressively. These actions will make you look as if you are violent, short-tempered and unstable in front of the judge.

Make decisions with a clear head:

False accusations of domestic violence can prompt you to make decisions that you may regret later. Make all decisions with a clear head. Unreasonable decisions may have consequences on your freedom and reputation. Contact your attorney to ensure that you are making the right decisions.

Contact Us

If you have been falsely accused of domestic violence, you should speak with a domestic violence attorney right away. An experienced domestic violence attorney will provide invaluable guidance throughout your case while protecting your fundamental rights. At the Law Offices of Joel Silberman, LLC, we defend the rights of people falsely accused of domestic violence. We can help you too. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

Driving Without a License in NJ

Driving without a license

Driving without a valid license is a criminal offense in New Jersey and may lead to serious consequences. Driving without a license may mean that you have a driver’s license but it was not in your possession, or that you never applied for a license, or that your license has been cancelled, revoked or suspended by the authorities.

Under the New Jersey motor vehicle law, no person is allowed to drive a motor vehicle without a basic driver’s license or probationary driver’s license issued by the Department of Motor Vehicles. When a person is caught driving without a valid license, he or she may face serious penalties. Similarly, if a person has allowed an unlicensed driver to use his or her vehicle, that person may also face serious fines.

Penalties for Driving Without a License in NJ

Driving without a license in New Jersey may lead to the following fines and penalties:

  • Driving with no prior license: May lead to a fine of up to $500 and imprisonment for up to 60 days. The person will be ineligible for a license for 180 days.
  • Driving without a license with proof of a prior license: May lead to a fine of up to $500 and imprisonment for up to 60 days.
  • Violating a restriction on a conditional license: May lead to a fine of up to $100 and imprisonment for up to 30 days.
  • Lending your driver’s license: May lead to a fine of up to $500.
  • Allowing an unlicensed driver to drive your vehicle: May lead to a fine of up to $500.

Contact Us

If you have been charged with driving without a license in New Jersey, let our experienced criminal defense attorneys help you. We have the knowledge and experience to pursue the best possible outcome in your case. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

How a Criminal Defense Attorney Can Help You

Criminal Defense Attorney

Many people think that once you have been charged for a criminal offense, there is not much that a criminal defense attorney can do to reduce the sentence. However, hiring an experienced attorney could be in your best interest. Not only can an attorney get your sentence reduced and protect you from additional charges, but they can also help get your case dismissed.

Having to deal with the police or the prosecutor may not be easy if you are on your own. You may be vulnerable to being treated unfairly or taken advantage of by other parties. Moreover, if you are not an experienced attorney, you will not know the full extent of the legalities involved in your case. If you have a knowledgeable criminal defense attorney to represent you, he or she will make sure that you are treated fairly and that the laws and statutes work for you to reduce your sentence or have your charges dismissed altogether.

If you are considering representing yourself, remember that if you are not familiar with the law and the legal system, you may end up incriminating yourself. With an experienced attorney by your side, you can rest assured that no such mistake will happen and that you will be represented to the fullest extent possible. Even when it comes to facing the representatives of the justice system such as the prosecutor, judge and other officials during your trial, you will always be at an advantage if you hire a criminal defense attorney who is familiar with all the proceedings.

Contact Us

At The Law Offices of Joel Silberman, LLC, no case is too big or too small. Whether you have been issued a summons for municipal court or you have been charged with a first degree offense, you will receive the same aggressive and hard-hitting representation. If you are faced with a criminal charge and need legal representation, call (800) 889-3129 or email at joel@joelsilbermanlaw.com.

 

Excessive Force by Police

Excessive force by police.

Excessive force is the use of force by a police officer that is disproportionate to what a reasonable police officer would use under similar circumstances. The law allows police officers to use whatever force is necessary to make an arrest or defend themselves. However, they are also required to use their best judgment in determining how much force should be used in the heat of the moment.

The amount of force police officers can use depends on the circumstances of the arrest, such as:

  • The severity of the alleged crime
  • Whether the person poses a direct threat
  • Whether the person is resisting arrest

Under the Civil Rights Act of 1871 (42 USC 1983), people have the right to be free from violations of their constitutional rights by government officials. Use of more force than is reasonably necessary leads to a violation of a person’s fourth amendment rights. The fourth amendment protects people from unreasonable searches and seizures.

Instances of Excessive Force by Police Officers

  • The use of physical force against a person already in custody and not resisting arrest
  • The use of a weapon against an unarmed person
  • The use of threat to force a person into providing information or confessing
  • The use of repeated force or the use of a weapon when a person is already subdued

Suing a Police Officer for Use of Excessive Force

A person who has been a victim of excessive force may have a viable claim against the arresting officer. However, to sue a police officer, a victim must provide sufficient evidence. The following are two important pieces of evidence:

  • Video footage of the incident where excessive force was used: This is important because police officers generally have more credibility than the person arrested.
  • A significant and serious injury suffered by the victim: It is important to note that if a person has suffered a significant injury but the officer establishes that the use of force was reasonable, the person arrested may not be able to sue the officer.

Contact Us

Victims of excessive force are entitled to monetary damages to compensate them for the injuries they have suffered. If you or a loved one has been physically hurt due to the excessive use of force by a police officer, call (800) 889-3129 or email at joel@joelsilbermanlaw.com

 

Reasons for Hiring a Criminal Defense Attorney

Criminal defense

There are many reasons why hiring a criminal defense attorney is beneficial for you. They understand the law better, have invested years of education in criminal justice and earned their experience in courtrooms. Regardless of whether they to help lower your penalties or avoid any other consequences, our attorneys are very prepared to handle your case.

The last thing you want is a criminal record following you for the rest of your life. A criminal defense attorney can help stop that from happening. With a good attorney by your side, you have a good chance to win the case or have it dismissed. If you are convicted, he or she can still appeal and ask the court to delete your conviction from your records, allowing you to live a normal life without worrying about a criminal record standing in the way of your job or social life.

When you are faced with a criminal charge, it is vital that you correctly handle all the documentation involved such as filing a plea bargain and submitting court documents on time. If you are handling the case on your own, it might be overwhelming for you to keep track of all the documents you need to bring to court. You may think that you are saving on the attorney’s fees, but a wrong step or a missed deadline for submission of documents could result in you losing your case. You would then have to face many more penalties, and have a much bigger price to pay. An experienced criminal defense attorney can help you with all the legal proceedings and, most importantly, keep you out of jail.

A criminal defense attorney can attempt to get your penalties lowered by getting a diversion or an alternate sentence. In case you want to settle your case by plea bargaining, only an expert criminal defense attorney can successfully negotiate a fair settlement with seasoned prosecutors. He or she can also protect you from improper attempts to get you convicted.

If you were to run into dishonest individuals trying to tamper or destroy your evidence, it would be very challenging to correct that on your own without professional help. An experienced defense attorney will know exactly what to do with people who are less than honest. An experienced attorney has access to professionals such as private investigators, medical practitioners and expert witnesses. They will help you uncover the truth, track down records and point out weak or contradictory statements.

If you or a loved one has been arrested or charged with a criminal offense, contact criminal defense attorney Joel Silberman right away. Joel and his team will provide an aggressive defense from start to finish and offer you the best chance to stay out of jail. For a free initial consultation, call us at 201-273-7070 or toll free at 800-889-3129. You can also email us at joel@joelsilbermanlaw.com.

 
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