Criminal Defense

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 Binary options trading signals (bots) easy.

 

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.

 

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.

 

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.

 

Video: Factors to Consider When Looking for a Criminal Defense Attorney

If you are facing a criminal charge, hiring the right defense attorney can help you deal with your criminal case effectively. When searching for the right attorney, look for someone who is experienced and can fight for you and protect your reputation and rights. If you or a loved one has been arrested or charged with a criminal offense, contact us. We will provide you with an aggressive defense from start to finish, and will keep you informed regarding your case. Call us at (800) 889-3129

 

Slideshow | Factors to Consider When Hiring a Criminal Defense Attorney

If you are facing a criminal charge, hiring the right defense attorney can help you deal with your criminal case more effectively. It is one of the most important decisions you will ever make. However, choosing the right attorney can be challenging. When searching for an attorney, look for someone who is experienced and can fight for you and protect your reputation and rights. If you or a loved one has been arrested or charged with a criminal offense, contact us. We will provide you with an aggressive defense from start to finish, and will keep you informed regarding your case. Call us at (800) 889-3129

Criminal defense

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Factors to Consider When Hiring a Criminal Defense Attorney

Criminal defense

If you are facing a criminal charge, hiring the right defense attorney can help you deal with your criminal case more effectively. It is one of the most important decisions you will ever make. However, choosing the right attorney can be challenging. When searching for the right attorney, look for someone who is experienced and can fight for you and protect your reputation and rights.

Here are several factors to consider when hiring a criminal defense attorney:

Location: Look for an attorney who is licensed to practice in your particular state because legal statutes may differ from state to state. This can also help with coordinating court appearances and increases your ability to meet your attorney in person to discuss your case.

Area of specialization: Every criminal defense attorney specializes in a specific area of criminal defense, such as DUI, theft, domestic crimes, violent crimes, etc. Hire an attorney who is specialized in your specific charges because he or she will be more experienced in that area of criminal defense.

The attorney’s reputation: Do not choose an attorney just because he or she charges less or because you are impressed with their advertising campaign. You can learn about the attorney’s reputation by researching reviews, testimonials and publications.

Look for someone who is respected by the judges and receives a good amount of referrals from clients and other attorneys.

The attorney’s fee: The fee is another factor that must be considered. Even though it is important to hire an attorney within your budget, hiring an inexpensive or inexperienced attorney may ruin your case. At the same time, a higher fee is not necessarily an indicator of quality. It is always to your benefit to research different attorneys and hire someone who meets all your qualifications and is within your budget.

The attorney’s level of communication: You may have a lot of questions as you move through the legal process. A good lawyer will take the time to explain things in a language you understand. Always choose someone who is friendly and easy to communicate with.

Contact Our Experienced Criminal Defense Attorneys Today

If you or a loved one has been arrested or charged with a criminal offense, you should contact us. We will provide you with an aggressive defense from start to finish, and will keep you informed regarding your case. To speak with us, call (800) 889-3129 or email at joel@joelsilbermanlaw.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.
  2.  
  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.
  4.  
  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.
  6.  
  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:
  8.  
    • 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.
  10.  
  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.
  12.  
  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 (201) 273-7070 or (800) 889-3129 or email us at joel@joelsilbermanlaw.com.

 
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