Criminal defense

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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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 (201) 273-7070 or (800) 889-3129 or email us at joel@joelsilbermanlaw.com.

 

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.

 

Slide: Are You Falsely Accused of Domestic Violence

Due to false accusations of domestic violence, you could potentially be put in jail and have a public record of domestic violence, potentially losing custody of a child, losing a job, professional licenses, etc. This slide explains what you should do if you are falsely accused of domestic violence in New Jersey. To learn more, call 201-273-7070 or email Attorney Joel Silberman at: joel@joelsilbermanlaw.com.

Are You Falsely Accused of Domestic Violence

Are You Falsely Accused of Domestic Violence
 

Penalties for Child Pornography

Child pornography is the visual depiction of sexual activities involving children. Production, possession, and distribution of child pornographic videos or images are punishable offenses. Any person involved in such activities will be charged with child pornography.

Penalties for Child Pornography

New Jersey penalties for child pornography are severe. Under state law or federal law, persons convicted of child pornography may face the following sentences:

  • The period of imprisonment for distributing, selling, transporting or receiving visual child pornographic content is 5-10 years.
  • Child pornography photographing is a second degree crime, and can lead to 5-10 years of imprisonment.
  • Possessing child pornography or viewing it is a fourth degree crime, and can lead to up to 18 months of imprisonment.
  • Anyone convicted of child pornography must register as a sex offender, and the criminal record is publicly available. The offender must re-register periodically or when they change addresses.
  • If the person allowing child pornography is the parent of the child, then the activity is a first degree crime punishable with 10-20 years imprisonment.

Child pornography charges should not be taken lightly. If you are charged with child pornography, then you need to contact a sex crime defense lawyer.

Sex Crime Lawyer in New Jersey

If you are accused of child pornography in NJ, then contact Jersey City criminal defense lawyer, Mr. Joel Silberman. Call 201-273-7070 / 800-889-3129 for a consultation.

 
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