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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.

 

Traffic Offense Lawyer Jersey City | Consequences of Driving Without Insurance in NJ

In New Jersey, driving without insurance is an offense leading to serious consequences. The penalties are stated by the NJ Compulsory Motor Vehicle Insurance Law – N.J.S.A. 39:6B-1. Under this law, all cars on the road must have liability insurance. New Jersey’s Statute 39:6B-2 requires the owner to maintain insurance on the vehicle for a minimum of $15,000 to cover injury or death, $30,000 to cover any one accident and $5,000 for property damage.

Penalties for Driving Without Insurance in NJ

First Time Offenders- A first time offender will face license suspension for up to one year, with a minimum fine of $300 and a maximum of $1000. The judge might impose community service.

Second Time Offenders– If a second offense occurs, then mandatory penalties include, jail for 14 days, a fine between $500 and $5,000, 30 days of community service, license suspension for at least two years and a $250 DMV surcharge for three years.

Contact Traffic Offense Lawyer in Jersey City

When you are convicted of driving without car insurance, a traffic offense lawyer in Jersey City can help. Attorney Silberman has extensive experience defending clients accused of traffic violations in New Jersey. Call 201-420-1913 for a consultation.

 

Misdemeanor Drug Possession in New Jersey

In New Jersey, misdemeanor drug possession is charged to a person when he is found under the influence of marijuana or hashish, or has failed to surrender the controlled substance to a nearby police officer. Marijuana possession of less than 50 grams and possession of drug paraphernalia is also classified as a misdemeanor.

If caught with illegal drugs while driving, then your driver’s license can be suspended for 6 months to 2 years. You may also be sentenced to jail for up to six months and face a fine of up to $1,000.

Misdemeanor Drug Possession Charges in New Jersey

Misdemeanor drug charges in NJ include:

  • 6 months to 1 year imprisonment (N.J.S.A. 2C:43-8)
  • A fine of up to $1000 (N.J.S.A. 2C:43-3(c))
  • Loss of public housing (N.J.S.A. 2A:18-61.1)
  • If the accused stays in a rented home, then eviction is possible. (N.J.S.A. 2A:18-61.1)
  • If caught while driving with illegal drugs, then loss of driving privileges for no less than six months and up to two years is possible. (2C:35-16),
  • If caught while driving and marijuana is found in the car, then mandatory loss of driving privileges for two years results. (N.J.S.A. 39:4-49.1)
  • A term of community service (N.J.S.A. 2C:43-2b(5))
  • An obligatory $75 Safe Neighborhoods Services assessment (N.J.S.A. 2C:43-3.2)
  • A compulsory $50 lab fee (2C:35-20)
  • A compulsory $50 Victims of Crime Compensation Board penalty (2C:43-3.1a(2)(a))
  • An obligatory $500 Drug Enforcement Demand Reduction penalty (N.J.S.A. 2C:35-15(e))
  • A period of trial of up to five years (N.J.S.A. 2C:43-2b(2)
  • Using or being under the influence of any drugs not for the purpose of treating a sickness or injury (as legally prescribed by a licensed physician) incurs a fine of up to $50. (N.J. Stat. Ann. §2C:35-10.)

Drug Crime Defense Attorney

If you are charged with a misdemeanor drug offense, then talk to a drug crime lawyer at The Law Offices of Joel Silberman. We serve all areas in New Jersey. You will receive a 24/7 dedicated line to contact. Call us today at 201-420-1913 or email joel@joelsilbermanlaw.com.
 

Is Domestic Violence a Felony?

Domestic violence is a broad term and can usually constitute violence between husband and wife, siblings, parents and children or same-sex partners.

Domestic violence can be considered a felony when:

•             A victim sustains serious injuries as a result of violence

•             Violence results in death of the victim

•             Violence committed on a minor or pregnant woman causes injuries

•             An act of violence or threat is done with use of a weapon

•             An act involves sexual assault or rape or forced sexual abuse

•             There is a history of domestic violence convictions

Contact Domestic Violence Lawyer in New Jersey

If you have been accused of domestic violence, then you should speak with a New Jersey domestic violence attorney at The Law Offices of Joel Silberman, LLC.

To contact The Law Offices of Joel Silberman, LLC, call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Consequences of Failing to Appear in New Jersey Court

A judge issues bail on condition you should return and attend court proceedings. If you fail to appear in court, then you may face severe consequences. It is advisable to hire a criminal defense attorney.

Possible Consequences of Failing to Appear in Court in New Jersey

  • If you fail to appear at court proceedings after bail in NJ, then you can be charged with ‘bail jumping’ or ‘failure to appear’. This might double the charges against you. A warrant may also be issued for your arrest.
  • If you fail to show up for a fourth degree criminal case, then you can be charged with failure to appear, fourth degree.
  • If you fail to show up for a third degree criminal case, then you can be charged with a failure to appear, third degree.

Criminal Defense Attorney in NJ

If you have been charged with a criminal case, then hire a criminal defense attorney to reduce or dismiss your charges. Attorney Joel Silberman, a criminal defense attorney in NJ is dedicated to fighting for individuals facing Federal, State and Municipal charges. Call 201-420-1913 for a consultation with Attorney Joel Silberman. You can also send an email to joel@joelsilbermanlaw.com.

 
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