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Defend Traffic Tickets with the Help of a Traffic Ticket Lawyer

Traffic tickets will result in hefty fines and may cause points to be lost on your driving record. If there are numerous traffic tickets on your driving record, then you may be subject to a suspension of driving privileges for a significant time.

If you have been issued a traffic ticket, it may be difficult to decide whether or not you should pay the fine. A traffic ticket lawyer evaluates all your options and helps you decide whether or not to go to court. He will develop a strong defense strategy that will put you in a good position to have the ticket successfully overturned. Therefore, it is in your best interest to hire an experienced traffic ticket lawyer to deal with court proceedings.

How a traffic ticket lawyer can help you

  • A traffic ticket attorney can gather all the necessary evidence needed to prove your innocence.
  • He has the knowledge and background to effectively work with the court proceedings.
  • He will appropriately prepare you for court proceedings.
  • He will talk to the prosecuting attorney and effectively negotiate with him to significantly reduce the charges imposed on you.
  • Your chances of winning a case increase tremendously if you hire an attorney rather than handling it yourself.

Traffic offense lawyer in Jersey City, NJ

If you are issued traffic tickets in NJ and wish to avoid hefty fines and not lose your driving privileges, contact Jersey City, NJ traffic offenses attorney Mr. Joel Silberman. He has extensive experience in dealing with traffic related offenses. Call at 201-420-1913 for a free consultation with the attorney.

 

Is Sexting Against the Law?

What is Sexting?

Sexting is defined as the act of transferring sexually explicit messages to one or many people through cell phone text messaging or any other electrical device used for messaging. The messages usually contain illicit photographs or video links depicting the person sending them.

Is Sexting Against the Law?

If the person sending or receiving the message is under the legal age of adulthood, then they may be convicted of possession or distribution of child pornography. New Jersey’s teen sexting law was enacted in 2012. Since its enactment, New Jersey has created a diversion program that may be used instead of criminal prosecution for teens who are charged with child pornography as a result of sexting. If the judge feels that it is suitable, children who create, distribute, or exhibit images that qualify as child pornography may be ordered to participate in an educational program or counseling. This program addresses the penalties of sexting instead of being illegally accused.

Adults Sexting in New Jersey

An adult who receives or shares any kind of sexual image of a child under the age of 18 can be charged with possessing or sending child pornography. An adult who sends a nude or sexual photo of him or herself to a child could also be convicted of a crime. And if an adult shares any kind of sexual photos of another adult without his or her permission, he could be charged with harassment or sued in civil court for causing emotional distress or other damage.

Sex Crime Defense Attorney in New Jersey

If you are accused of sexting and need legal help, then contact our New Jersey criminal defense attorney at The Law Offices of Joel Silberman, LLC. We focus exclusively on criminal defense. At the Law Offices of Joel Silberman no case is too big or too small. Call us today at 201-420-1913. We serve in Jersey City and Newark, New Jersey.

 

Disadvantages of Hiring an Inexperienced Sexual Assault Attorney

A person accused of a sex crime should retain the services of an experienced sexual assault defense attorney. An inexperienced attorney can ruin your defense, even if you have strong evidence and witness support.

Common Errors Made by Inexperienced Sexual Assault Attorneys

1. Poor cross examination skills: Proper cross examination of the witnesses is an important aspect of any case. An attorney who lacks cross examination skills can fail to establish a strong defense.
2. Poor questioning skills: A sexual assault defense lawyer should know how to question a witness. Asking the right questions is a skill, and failure to do so can keep important facts from coming to light.
3. Failure to suppress evidence: Evidence is often collected under suspicious circumstances. The defense should know to suppress such evidence, which can increase your chances of winning the case.
4. Plea bargain: An inexperienced sex crime attorney may want to end the case as soon as possible. This might lead to a plea bargain when it is not the best option.
5. Not examining DNA: The attorney should thoroughly review and interpret evidence like DNA samples and fingerprints.

Sexual Assault Lawyer in NJ

Accused of a sex crime in NJ? Contact Attorney Joel Silberman, a NJ criminal defense attorney. Attorney Silberman provides qualified and experienced legal representation. He will work hard to develop a strong defense for you. Call 201-420-1913 for an initial consultation.

 

Can I be Found Guilty of DWI in NJ Based on a Failed Road Side Sobriety Test?

TThe first thing many of my DWI clients ask me is whether the State can prosecute a DWI based solely on an officer finding that an individual failed a Road Side Sobriety Test. In New Jersey, the State must prove that an individual was Driving While Intoxicated beyond a reasonable doubt. However, the State does not always need a failed Breathalyzer or Alcotest to meet this burden. The State can meet their burden by objectively proving that an individual’s physical coordination or mental faculties are impaired. In one case, the Supreme Court of New Jersey found that the defendant’s admission that he consumed a considerable amount of alcohol combined with the police officer’s observations that the defendant was intoxicated was enough to sustain a charge of DWI.

 

In another case, the New Jersey Superior Court, Appellate Division found that a conviction for DWI can be sustained based solely on the police officer’s observation that the defendant smelled of alcohol, had slurred speech and displayed slowed hand movements. Given the weight that Road Side Sobriety Tests can have in a DWI prosecution it is imperative that a New Jersey Criminal Defense Attorney or New Jersey DWI Attorney review and analyze the evidence against an individual charged with DWI to ensure that the arresting officers followed correct protocol.

 

Quite often the arresting officers fail to administer Road Side Sobriety Tests as they are trained to do. Other times the arresting officers fail to take additional factors into consideration like weather, type of footwear the individual was wearing, medical reasons and other relevant factors. It is critical that these factors are brought to the prosecution’s attention in all DWI cases. If you or a loved one have been charged with DWI feel free to call New Jersey Criminal Defense Attorney and New Jersey DWI Attorney Joel Silberman for a free consultation. *The information contained herein does not constitute legal advice nor form an attorney-client relationship. The contents contained herein are intended for informational purposes only.

 

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 201-420-1913 or email at joel@joelsilbermanlaw.com.

 

NJ DWI Laws-Blood Alcohol Concentration (BAC) Limits in NJ

If you are suspected of Driving While Intoxicated in New Jersey, the concerned officer will stop you and take you through a series of field sobriety tests. Your blood alcohol concentration or BAC will be determined by using a breathalyzer or blood test. It is important to be aware of the BAC limits under New Jersey law.

BAC Limitations and Penalties:

Drivers who are 21 and above

If you are of 21 years of age or older, and are caught driving with a BAC of 0.08% or higher in New Jersey, you may be convicted of DWI. This standard is applicable to drivers who are legally allowed to consume alcohol.

DWI with a BAC of 0.08%-0.09% may carry a fine of $250-$400 with up to 30 days in jail, IDRC classes and a 3 month drivers license suspension. DWI with a BAC of 0.10% or higher may carry a fine of $300-$500, with a drivers license suspension ranging from 7 months to 1 year.

Drivers under the age of 21

If a driver under the age of 21 is caught with a BAC of 0.01% or 0.07%, he/she may be convicted of underage DWI. DWI with a BAC of 0.01%-0.07% may include penalties of 30-90 days license suspension and 15-30 days of mandatory community service.

Commercial (CDL) Licensed Drivers

Commercial drivers (holders of CDL licenses) who are driving commercial vehicles and whose BAC is 0.04% or higher may be charged with DWI. A DWI conviction may result in a suspension of their CDL license in addition to their driving license.

BAC Under the Limit Can Still Result In DWI

A BAC of less than 0.08% does not mean you can avoid a DWI charge. Police can decide you are intoxicated based on your performance in the field sobriety tests, your speech, other behavior and your driving conduct. If you have any amount of alcohol in your body that  affects your driving, you may still be charged with DWI.

Contact DWI Defense Attorney in NJ

If you have been accused of DWI and are in need of legal help, contact our New Jersey DWI defense attorney at The Law Offices of Joel Silberman, LLC. We focus exclusively on DWI defense.  Call us today at 201-420-1913 or email us at joel@joelsilbermanlaw.com.

 

How to Choose a Criminal Defense Lawyer

If you or your loved is facing a criminal case, then hiring a criminal defense attorney is important. He/she can help you reduce or dismiss your charges. You need to consider various aspects while choosing a criminal defense attorney.

Here are some simple ways to choose a criminal defense lawyer in New Jersey:

  • Referrals from friends and family members: When choosing a criminal defense attorney, take recommendations from your friends and family.
  • Interview the attorney: Interview the attorney to know his/her level of skills and confidence.
  • Experience: An experienced criminal defense attorney can get results. When you meet a criminal defense lawyer, ask for how long he or she has been practicing and also how many cases have they won.
  • Certifications: When choosing a criminal defense attorney, you also need to check whether the attorney is a certified attorney.
  • Cost of hiring: The cost of hiring is based on the complexity of your case. Provide accurate information to your criminal defense attorney during the consultation to generate a realistic fee.
  • Personality: Make sure the attorney you choose is friendly and easy to communicate with.

Criminal Defense Attorney in Jersey City, NJ

Attorney Joel Silberman, a criminal defense attorney in Jersey City, NJ has skills and knowledge to handle any type of criminal defense case. He is dedicated to fighting for individuals facing federal, state and municipal charges. Call 201-420-1913 for a consultation with Attorney Joel Silberman.

 

Classification of Drugs in New Jersey

Illegal possession of drugs is a crime in New Jersey. Drugs are classified into several categories based on their likelihood to lead to negative activities or bad health.

Classification of Drugs

Schedule I: Drugs that are not used in the medical field fall under Schedule I. Drugs like heroin, marijuana, mescaline and peyote come under this category.

Schedule II: Any drug that is an opiate or contains coca is Schedule II. Use of these drugs can lead to mental problems and addiction.

Schedule III: Schedule III drugs can be used for medical purposes, but excess use of these drugs can lead to mental and physical dependency. Drugs like amphetamine and ketamine are in this category.

Schedule IV: Even excessive use of some medical drugs may lead to low level dependency. Such drugs, such as Barbital, fall under Schedule IV.

Schedule V: Schedule V drugs have medical uses and limited danger of physical dependence when compared to other categories. Codeine is a Schedule V drug.

Drug Offense Attorney in New Jersey

If you are involved in a drug offense, then you need to contact a drug offense attorney. Attorney Joel Silberman can handle a wide range of drug-related offenses. He will defend your rights and fight to dismiss or reduce your charges. Call 201-420-1913 for a consultation with Attorney Joel Silberman.

 

 

Failure to Register as a Sex Offender

In response to Megan’s Law, the Sex Offender Internet Registry Law, also known as Sex Offender Registration and Notification Act (SORNA), was enacted which requires certain sex offenders to register. This law was formed with the motive to create awareness of sex offenders by making their information public. Failure to register is a crime.

A person who has been convicted, or found not guilty by reason of insanity for commission of a sex offense shall register as a sex offender.

A person who fails to register as required under this act shall be guilty of a crime of the third degree.

Registration Requirements

An individual who has been convicted of the following sex crime is required to register as a sex offender:

  • Sexual conduct with a minor
  • Sexual assault
  • Sexual assault of spouse
  • Molestation of a child or continuous sexual abuse of a child
  • Infamous crimes against nature
  • Lewd and lascivious acts
  • Indecent exposure and public sexual indecency
  • Taking a child for the purpose of prostitution
  • Sexual exploitation of a minor
  • Incest
  • Kidnapping, aggravated assault, murder, unlawful imprisonment, and burglary (when the offense includes evidence of sexual motivation)
  • Failure to register as a sex offender
  • Violation of Sex Offender Registration statutes

Penalty for Failure to Register as Sex Offender: Third Degree Crime

Failure to register as sex offender is a third degree crime. If convicted, then the offender is liable for 3 to 5 years imprisonment.

Sex Crime Offense Defense Lawyer

If have been charged with failure to register as sex offender, then contact our experienced sex crime defense lawyer. The Law Office of Joel Silberman, LLC works to help you. Call us today at 201-420-1913 and see what we can do for you.

We serve in Jersey City and Newark in New Jersey.

 
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