FAQ

Yes. A summons is still a criminal charge.  The only difference is that a determination was made that you were not a flight risk and not a danger to the community and could be released on a promise you will appear in court.  The consequences for a summons are just as serious as those charges placed on a warrant complaint.

A public defender is a government-provided attorney for eligible indigent defendants; private counsel is retained directly by the client. New Jersey’s Office of the Public Defender provides representation in many criminal matters for those who qualify.

Joel Silberman’s goal is do all he can to help you avoid a conviction.

Your freedom means everything to Joel Silberman.  Unfortunately, the loss of freedom is sometimes a consequence of the legal system but Joel Silberman has successfully helped hundreds of people avoid jail and prison sentences through creative and dedicated legal work and advocacy based on his decades of experience.

Bring all the paperwork you have regarding your case.

No. GUARANTEEING RESULTS VIOLATES THE RULES OF professional misconduct. THE RULES strictly bar a lawyer from making a misleading communication and any guarantee of a particular outcome is clearly a misleading communication.
ALTHOUGH WE WILL GIVE YOU OUR BEST PROFESSIONAL OPINION, WE WILL NEVER GUARANTEE ANYTHING. YOU SHOULD BE SKEPTICAL ABOUT ANY ATTORNEY WHO PROVIDES YOU A GUARANTEE.

It is possible that a bench warrant may be recalled. In the event an arrest warrant has been issued you will have to be processed on that warrant.

Yes. Your criminal records can be expunged if you are eligible. This depends on the type and number of offenses on your criminal record. There are limits to how many convictions you can expunge. Each type of offense has different rules for expungement eligibility. Most instances require a waiting period before expungement.

No, juveniles do not face the same charges as adults. It is usually less severe than the charges imposed on adult defendants. Judges in the juvenile court determine sentences based on the circumstances of the case, the nature of the offense, the age of the juvenile, the child’s physical, psychological, social and developmental needs, the availability of rehabilitation options, the need to protect the community, and other relevant factors. Although juvenile courts may be sentenced to incarceration at a juvenile detention center, a variety of other options are available. Other alternative sentencing options are community service, fines or restitution, house arrest, sentencing to counseling or education programs, psychiatric commitment, or placement in an alcohol or drug rehabilitation program.

The cash bail system no longer exists in New Jersey. Through bail reform the monetary bail system was replaced with an algorithm that provides the prosecutors and courts a score on a defendants individual flight risk or danger to the community. This assessment is then used to determine whether the State will seek detention and the likelihood that one will be released.

A criminal defense lawyer can help you in the following ways:

• Provide you with an honest assessment: Your lawyer can provide you with an honest assessment of how the trial may proceed and what to expect.
• File the necessary paperwork: Your lawyer can help fill out the necessary paperwork in court.
• Negotiate a plea bargain: Your lawyer can work with the prosecutor to negotiate a plea bargain for you.
• Work out a sentencing program: Your lawyer can work out a suitable sentencing program depending on your charges.
• Gather statements: Your lawyer can gather witness statements. He or she can also hire investigators to investigate the witnesses scheduled to be presented by the prosecution.
• Bring in expert witnesses to testify: A lawyer can bring in expert witnesses to testify on your behalf in an effort to get an acquittal.

You have a right to appeal any felony conviction within 45 days and any disorderly persons or traffic offense within 20 days. You should speak to an attorney about timely filing an appeal.

The police obtain search warrants by convincing a judge that they have “probable cause” to believe criminal activity is occurring at the place they want to search or that evidence of a crime may be found at the location. Normally, the police provide the judge with the information they want to rely on in the form of written statements under oath that are referred to as “affidavits.” These affidavits may include the police officer’s own observations, those of a private citizen or those of a confidential informant. If the judge believes the information presented is trust worthy and demonstrates “probable cause” the judge will issue a warrant.

The juvenile court process puts emphasis on rehabilitation, while adult court proceedings emphasizes punishment. Juvenile courts provide more flexible court proceedings and sentencing options than adult court proceedings. In the juvenile court process, police officers and judges have the choice to consider the circumstances of the juvenile’s case. They also have the freedom to consider other exasperating and mitigating factors, and to balance the need to protect the community against the juvenile’s interests in rehabilitation. Therefore, sentences for juvenile offenses are more lenient than those imposed on adults who are convicted of the same offense.

As per New Jersey Motor Vehicle and Traffic Regulation Law, the points for a speeding conviction are as follows:

• Exceeding maximum speed by 1 to 14 mph over limit is 2 points.
• Exceeding maximum speed by 15 to 29 mph over limit is 4 points.
• Exceeding maximum speed by 30 or more mph over limit is 5 points.

The cost associated with defending a case often depends on the complexity of the case and charges. We are open to trying to find the most cost effective way to defend your case. We offer flat rate billing, hourly billing and blended billing. We also offer payment plans.

You should contact a criminal defense attorney to work on addressing the matter as soon as possible.

Talk to a criminal defense lawyer immediately and ask for their advice. You should always exercise your right to speak to an attorney before speaking to the police if you are the target of an investigation.

Unfortunately, yes. The standard for law enforcement to charge someone is probable cause. Probable cause is a much lower standard than the beyond a reasonable doubt standard that is required to convict someone. As a result of these varying standards it quite possible to be charged with an offense despite the fact you are might be innocent. It is imperative that you have an experienced criminal defense attorney to navigate this high stake process.

No. In New Jersey a Disorderly Persons offense is not a crime. Rather, it is considered “quasi-criminal” in nature. Disorderly Persons offenses are generally prosecuted in one of New Jersey’s 500+ Municipal Courts. Unlike the Superior Courts, a defendant in Municipal Court does not have a right to a jury trial. In Municipal Court a judge tries the case from start to finish.

It is important to hire a criminal defense attorney if you have been contacted by local law enforcement or by a federal agency for questioning as a crime suspect. A criminal defense attorney can counsel you and prevent you from saying anything that could serve as a detriment to your defense.

It is also wise to hire a criminal defense attorney if you are charged with a crime, regardless of whether you are innocent or guilty. A criminal defense attorney can provide you with a general understanding of the criminal process, investigate the case and represent you in court at the criminal proceeding. Your attorney can also protect you from unnecessary convictions or keep you from consequences that are too harsh for the crime.

It is important to hire a criminal defense attorney if you have been charged with a criminal offense, whether major or minor. Facing criminal charges can result in severe penalties and consequences, such as imprisonment, having a criminal record, and loss of future job prospects, among other things. A criminal defense attorney can develop a sound defense strategy for your case. They can help to reduce your criminal charges, lessen the severity of the punishment and reduce or eliminate jail time.

Yes. The New Jersey Supreme Court has ruled that the Division on Civil Rights may obtain such information in order to fulfill its mission to eliminate unlawful discrimination in housing. See N.J. Builders, Owners and Managers Association v. Blair, 60 N.J. 330 (1972).

Yes. If your case is dismissed you can seek an immediate expungement. Expunging convictions is a technical process. You should seek the advice of an attorney about your eligibility and the process.

Usually, the only way to get a traffic ticket dismissed in NJ is to contest the ticket in court and win your case.

Before accepting a plea bargain agreement, decide whether or not the offer is in your best interest. A plea bargain agreement can benefit both the prosecutors and the defendants. Prosecutors may make an offer just to get you through the system faster, reduce their workload or save valuable court time. Although a plea bargain offer means a lighter sentence, it results in a criminal conviction that will appear on the individual’s record.

It may not be wise to accept a plea bargain if the following apply:

• There is insufficient evidence to prove your case.
• The testimony of a material witness cannot be obtained.
• If the reduction or dismissal would not result in a substantial changein the sentence.
• If your case is still strong enough to go to trial.

To make an informed decision, talk to a criminal defense attorney.

After a friend or loved one has been arrested panic usually sets in. Most people’s first thought is to get the person out of jail and back home. In order to achieve this many people seek the services of a Bail Bondsman to post the necessary bond immediately. Although this is a logical response, seeking the advice of an experienced attorney before immediately posting a bond can save you money. Generally, a judge who has very little knowledge of the case sets an individual’s initial bail shortly after they have been arrested. Historically, initial bails are very high. Once an attorney has been retained he can speak to the prosecution and the court about the severity of the charges, strength and weaknesses of the case and about the individual who was arrested personally in an effort to have the bail lowered to a more appropriate level. Once the initial bond has been posted you lose your ability to argue for a lower bail and corresponding bond.

A good criminal defense lawyer will fight to get the best plea bargain. Although you may think pleading guilty is your best option an experienced lawyer may be able to find other ways out of certain situations.

Although it is your constitutional right to represent yourself there are inherent benefits in hiring an experienced criminal defense attorney. Dealing with law enforcement, prosecutors and the courts in complicated and often daunting task. In addition, criminal law is very technical. Most general practice attorneys would attempt to represent a criminal client for these reasons.

When arrested for a crime, you can choose whether or not to speak to a police officer. However, every statement you make can be used as evidence against you. The Miranda rights found in the Fifth Amendment to the U.S. Constitution state that a crime suspect has a right to remain silent. To avoid misinterpretation or misunderstanding, contact a lawyer for advice on what you should or should not say to the police officers.

A strategy built on truth in a criminal trial stands a better chance of winning the case in your favor. When you confide the truth to your lawyer, even if you are at fault, he or she could present your story in a better light which could result in a plea bargain or to your being found guilty on a lesser charge.

A strategy built on truth in a criminal trial stands a better chance of winning the case in your favor. When you confide the truth to your lawyer, even if you are at fault, he or she could present your story in a better light which could result in a plea bargain or to your being found guilty on a lesser charge.

A criminal defense attorney:

• Helps you with the legal procedures
• Attempts to get your penalties lowered
• Helps you achieve a fair settlement or get a plea deal
• Protects you from the prosecution
• Accesses other professionals and expert witnesses
• Helps to keep your record clean

If a report is filed more than 15 calendar days late (after February 15th), the property owner(s) is/are subject to a late filing penalty of $100.00. If the report is more than 30 but less than 60 days late (after March 1st) the late filing penalty is $250.00. If the report is more than 60 but less than 90 days late (after March 31st) the penalty for late filing is $500.00. The filing of an MDRR report that is more than 90 days late is subject to a penalty designated by the Director of the Division on Civil Rights pursuant to N.J.S.A.10:5-14.1a, which can be up to $10,000 for a first offense, up to $25,000 for a second offense, and up to $50,000 for a third or subsequent offense. N.J.A.C. 13:10-2.7.

Generally, the police are only permitted to search the place described in the warrant. They are permitted to seize any of the property described in the warrant. However, if the police come across evidence of crime that is not listed in the warrant they can normally legally seize those items too. It is important to remember that no two search warrant cases are alike. It is critical that an attorney analyzes the search warrant and the method the police executed the warrant to determine whether any Constitutional provisions were broken. The law is very strict on what the police can and cannot do when executing a warrant.

The factors that the judge considers when determining punishment include:

• The defendant’s criminal history.
• Whether or not the defendant was an accessory to the crime (helped the main offender) but was not the main offender.
• The defendant’s mental state before committing the crime. (If the defendant committed the crime under great personal stress; for example, job loss, late on rent, etc.)
• If no one was hurt or the crime was committed in a manner that was unlikely to have hurt anyone.
• How the crime was committed, such as use of a weapon or inflicting physical or mental harm on a victim
• If the defendant has a previous record of the same type of offense.

A judge may consider these factors to either lessens or increases a criminal punishment.

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

• Hire an attorney who is licensed to practice in your particular state because legal statutes may differ from state to state.
• Hire an attorney who has a specialization in your particular charges because he or she will be more experienced in that area of criminal defense.
• Hire someone who is respected by the judges and receives a good amount of referrals from clients and other attorneys.
• Hire someone who meets all your qualifications and is within your price range.
• Always choose someone who is friendly and easy to communicate with.

You will be provided a date to go to court.

You will see a judge within 48 hours at which time a decision will be made on your release or if the State will move for detention. If the State moves for detention you will have a detention hearing 72 hours later.

If your child has been arrested for committing a juvenile offense, the court will consider the case according to the child’s age, the seriousness of the crime, or your child’s criminal record if any. Depending on these factors, the court can decide whether or not to send the child home under court supervision. Your child may also be placed on probation, either by living with a relative, in a foster home or group home, an institution or a probation camp or ranch.

Juveniles can be held in custody in the county jail while waiting for trial due to the following:

• If the juvenile offense has been determined to be a criminal case.
• If the charges are for a felony crime.
• If there is reasonable cause to believe that the juvenile committed the felony.

A plea agreement is a deal between a defendant and the prosecutor in a criminal case. In a typical plea agreement, the defendant agrees to plead guilty without trial to a lesser charge. This is done in hopes of receiving a lighter punishment and the dismissal of major charges.

An Indictment is a charging document that is issued by a Grand Jury after they have reviewed the prosecution’s case and determined that there is sufficient evidence on which the prosecution can proceed. The Indictment contains the name of the individual or individuals that have been charged, the date of the alleged incident and a legal description of each charge the prosecution is alleging. It is important to remember that an Indictment is ONLY a charging document. An Indictment does not mean that you are guilty of anything. Rather, an Indictment only demonstrates that the prosecution has sufficient evidence to proceed with their case.

Juvenile delinquency is the involvement of a person below 16-18 years of age (depending on the state) in an illegal act.

Dismissal: When a case is dismissed, it means that the charges have been dropped. This can either happen when the evidence is not strong enough for a conviction, or when the charged person has performed community service or treatment. When a case is dismissed, the case will still appear on the individual’s record. The criminal record appears on background checks when an employer looks into it.

A felony is a serious crime. Felonies are usually classified by degrees with the first degree felony being the most serious. Examples of felonies are murder, aggravated or grand theft, rape, etc. Felonies can be punished in a variety of ways depending on the severity of the crime such as substantial fines, prison sentences that exceed one year, or even death.

Misdemeanors are generally crimes that are considered less serious. Common misdemeanors include minor thefts, some traffic offenses (such as DUI or driving on a suspended license), and minor drug offenses. In some states, misdemeanors are classified by degrees, with first degree as a more serious misdemeanor and second and third degree for less serious misdemeanors. Misdemeanors are usually punished by substantial fines or jail time, usually less than one year.

Probation is a form of criminal sentence where the offender is permitted to serve the remaining jail time in the community. The judge gives the defendant an opportunity to rehabilitate them selves instead of pronouncing the sentence and sending them to prison or jail. The defendant remains free as long as he complies with the probation conditions. The conditions of probation may include: reporting to a probation officer as scheduled, abstaining from the use or abuse of alcohol and/or drugs, maintaining, and not changing a residence marital status, or employment without advanced notice, taking permission from the parole officer, and not engaging in a criminal offenses.

Parole on the other hand, is a conditional early release from prison. The prisoner is released from jail before the end of the original jail sentence into the community. An early release of a prisoner depends on how well they behaved in prison. Once a defendant is released on parole, there are conditions imposed similar to those under probation, such as reporting regularly to a parole officer.

Juveniles have many of the same legal rights as adult criminal defendants. Some of their legal rights are:

• Right to be informed of their rights and of the charges against them.
• Right to be represented by an attorney.
• Right to refuse to testify against oneself.
• Right to confront their accuser and cross-examine witnesses.

The most important thing you should do is cooperate with the arrest. You should not resist. Even if you are innocent you have no legal right to resist. It is generally best after that time exercise your right to an attorney and not provide any statement until you have retained the services of a lawyer.

If you get a traffic ticket in New Jersey, you can either contest the ticket and plead not guilty or pay the ticket and plead guilty.

Do not try to run or resist arrest. The police do not react kindly to these types of actions. After you have been placed under arrest the police are required to provide you certain warnings, commonly referred to as your Miranda rights, before asking you any questions. These warnings include: You have a right to remain silent, anything you say may be used against you, you have the right to an attorney during any questioning, and If you cannot afford a lawyer one will be appointed for you. It is important to understand that is up to you whether you wish to waive these rights and speak to the police after you have been placed under arrest. It is equally as important to understand that the police cannot do anything to you if you exercise your right to remain silent. Generally, it is a good idea to consult with your attorney before giving the police a statement once you have been arrested.

Common defenses against criminal charges include:

• Presumption of innocence: This principle requires the prosecutor to prove the criminal defendant’s guilt. The defendant does not need to argue the case, present any witnesses or do anything to prove innocence.
• Proof beyond a reasonable doubt: Because of the serious consequences of a criminal conviction, a prosecutor must prove unequivocal guilt. The prosecutor must convince a judge or jury that the defendant is guilty “beyond a reasonable doubt.”
• 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 of the alleged offense. It seeks to prove that the defendant is innocent.
• Self-defense: 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.
• Insanity defense: In this defense, the defendant admits the offense, but seeks to excuse his or her behavior 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.
• 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. Generally, voluntary intoxication does not excuse criminal conduct. However, in some states, it can be used to raise reasonable doubt about specific intent in a crime.

The defense of entrapment: This occurs when the government or the law enforcement officers persuade a person to commit a crime by actually placing the idea in their mind. 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.

It is critical that you tell your story to your attorney immediately. This is true for a couple of reasons. First, it is important to share your story while it is fresh in your mind. Over time we tend to forget important details. Second, your story is critical in analyzing the prosecutions’ case and preparing your defense. With this in mind, it is equally as important that you do not tell your story to anyone other than your attorney. Only communications with your attorney are privileged and cannot be used against you.

You should contact a traffic offense attorney as soon as you are charged with an offense. It is important to have your attorney present with you at your court appearance if you are not knowledgeable enough to navigate the legal system on your own.

You should hire an attorney as soon as you have been arrested or as soon as you believe you may be the subject of a criminal investigation to ensure your Constitutional rights and potential defenses are not jeopardized.

Most criminal cases can be resolved without going to trial by an agreement between the prosecution and the defense. There are several options for concluding a case before trial, such as a jury trial, a stipulated-facts trial, a conditional guilty plea, and a plea bargain. These options require the defendant to plead guilty of the crime in exchange for a reduction of a jail sentence.

The defendant can choose to accept the offer or schedule the case for trial instead. In order to make an informed decision about going to trial consider the following:

• Are you guilty or innocent of the charges?
• How strong is the caseagainst you?
• How good is the offer made by the court?
• How risky is it to go to trial?

If you are not guilty of the crime, it may be wise to take your case to trial. However, itis important to consult a criminal defense attorney for advice.

Juveniles are adjudicated as a delinquent and will not have a criminal record but they will have an arrest record and a court record. These records will be sealed to the general public but, they will be visible to law enforcement, the military and the government.

Some state and federal criminal laws prescribe “mandatory sentences” or “mandatory minimum sentences” for certain crimes. The judge will choose the appropriate sentence based on the prescribed punishment as well as other factors, including a defendant’s criminal history, the circumstances under which the crime was committed and whether or not the defendant genuinely feels remorse about his actions. Therefore, people convicted of similar crimes hardly receive similar punishments.

The New Jersey Supreme Court has instructed Municipal Courts that No plea agreements are allowed in New Jersey DWI cases. In some cases, a prosecutor may however, dismiss a DWI charge where the state is convinced they will not be able to prove the charge beyond a reasonable doubt.

An Aggravated DWI carries civil penalties which may include a $250 per year DMV assessment for three years and a $395 court surcharge.
The offender will be required to install an Ignition Interlock Device (IID) in the car that he or she owns or operates during probation or the conditional discharge period. An IID is a mechanism to prevent drinking and driving. Before the car starts, this device requires the driver to breathe into it so that it can analyze his or her blood alcohol level. If the level is high, the car will not start. Once the device is installed, it cannot be removed for at least 6 months. All charges for installation and maintenance are the offender’s responsibility.

The law on this varies from state to state. As a general rule, there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some states, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing.

You may refuse to take a breathalyzer, blood test, or urine test during a DUI or DWI stop, but almost every state has a so-called “implied consent” law that says a refusal can result in suspension of your driver’s license from anywhere between three to 12 months.

The following are some significant ways in which a DUI can affect your life:

• Revocation of your driver’s license: A DUI conviction can result in your driver’s license being revoked for up to two years.
• Difficulty getting employment: Many companies do criminal background checks before deciding whether to hire an applicant. Having a criminal record may disqualify you from getting a job.
• Difficulty getting into college: If you are a student, a DWI conviction can impact your future. It can affect your ability to get into college in the future.
• Increase in automobile insurance rates: Following a DUI conviction, your automobile insurance rates may increase significantly because a driver who is convicted of a DUI is considered a “high-risk” driver by insurance companies.
• Affect your professional relationships: A DUI arrest can adversely affect your relationship with your co-workers and employer. A DUI arrest may be publicized by local media and permanently affect your reputation.
• Affect your personal relationships: A DUI arrest or conviction may affect your personal relationships. It can negatively impact your closest relationships, including family and your significant other.

Here are a few tips to help you choose the right DWI attorney:

• Experience: Choose an attorney who has extensive experience in DWI cases. A lawyer with many years of legal experience and a history of handling DWI cases successfully would be a good choice.
• Reputation: Choose someone who is respected by other lawyers and receives consistent referrals from their clients.
• Qualification: Choose an attorney who is highly qualified and has advanced training in DWI law.
• Communication: Choose a lawyer who is friendly and easy to communicate with. A good lawyer will take the time to explain things in a manner that is easily understood.
• Fees: Choose an attorney who meets all your requirements and is within your budget.

The penalties for a DUI charge include the following:

Jail Time

• First-offense DUI is punishable by up to six months in jail.
• 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.
• If 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 DUI in addition to a jail sentence. This can range from $500 to $2,000.

License Suspension

• A first time offender’s license can be suspended for 90 days.
• A second time offender’s license for one year
• 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

Young Offenders

• Adult sentences on minors can be imposed, and their license suspended for one year.

Other Forms of Punishment

• Alcohol education and prevention programs, rehabilitation for alcohol abuse, assessment of a person for alcohol or drug dependency, and community service or victim restitution.

Other Consequences

Here are the things a DUI defense attorney can do:

• 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 judgment: 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.

The following list is based upon research conducted by the National Highway Traffic Administration, which are symptoms that the police search for when hunting for DWI drivers:

• Turning With a Wide Radius
• Almost Striking Object or Vehicle
• Weaving
• Driving on Other Than Designated Highway
• Swerving
• Stopping Without Cause in Traffic Lane
• Following Too Closely
• Drifting
• Braking Erratically
• Signaling Inconsistent with Driving Actions
• Slow Response to Traffic Signals
• Turning Abruptly or Illegally
• Accelerating or Decelerating Rapidly
• Headlights Off

In New Jersey, refusing to submit to chemical breath testing is a separate offense under N.J.S.A. 39:4-50.4a. A conviction for refusal carries with it similar penalties to a conviction for DWI, and the severity of those penalties depends on whether it is a first, second, or third or subsequent offense. In all cases, a conviction for refusal carries with it a mandatory license suspension.

New Jersey courts only have jurisdiction (i.e. the authority) over your driving privileges in New Jersey. A New Jersey DWI conviction will usually be shared with the state where you are licensed. Thereafter, that state generally can take action against your driving privileges there – independent of what happens in New Jersey. This is known as the law of “reciprocity.”

Blood alcohol content (BAC) is a metric of alcohol in your blood stream at the time you are stopped for a DUI. All states have a minimum BAC of .08% for adults, so if you’re BAC is at or above that level, you’ll be charged with DUI. Also, most states have “zero-tolerance” DUI laws for drivers under 21 years old. In these states, the BAC for drivers under 21 could be as low as .01%.

DUI stands for Driving Under the Influence and refers to drunk driving offenses, while DWI stands for Driving While Intoxicated or Driving While Impaired. In some states, the two terms are both used to describe impaired or drunken driving. However, in states where both terms are used, DWI usually refers to driving while intoxicated of alcohol, while DUI is used when the driver is charged with being under the influence of alcohol or drugs. New Jersey law makes no distinction between a DWI and a DUI.

Yes, we accept credit cards and debits cards including: Visa card, Master card, American Express and Discover.

Yes. Law enforcement never rests and neither do we. Immediately after retaining us, you will receive a dedicated line to contact us on at any time.

Yes. Our firm offers free initial consultation. To schedule your free consultation with one of our criminal defense lawyers, contact us today.

You can expect complete communication about your case. Our legal team will always keep you informed regarding the status of your case.

We provide 24/7 representation in and out of the courtroom.

We serve the Jersey city area, Newark and New York.

Our firm handles variety of criminal defense cases including:

• Domestic violence
• DWI/ DUI
• Expungements
• Juvenile Crimes
• Racketeering /RICO
• Traffic offenses
• Sex crimes
• Theft & robbery
• Narcotic offenses
• Weapons offenses
• Murder/ manslaughter

Yes, you can speak to us directly. Immediately after retaining The Law Offices of Joel Silberman, LLC, you will receive a 24/7 dedicated line to contact us.