Consequences of a Criminal Conviction

Consequences of a Criminal Conviction

Most people who face criminal charges prefer not to go to jail. When presented with a plea bargain, they easily accept the offer in order to avoid the expenses and publicity of a trial. However, before accepting a plea bargain or pleading guilty, you should be aware of the potential impact of a criminal conviction. Defendants convicted of a violation or crime, whether it is a felony or a misdemeanor, can have a criminal record that will follow them wherever they go. There are many long-term consequences of a criminal conviction, including the following:

  1. Employment
  2. A criminal conviction can affect your employment opportunities. It can hinder your chances of developing a career and earning an income. Some employers have policies that prohibit applicants convicted of certain crimes such as fraud, dishonesty, theft or violence. In addition, some convictions can hinder you from pursuing certain careers. For example, some schools will not hire individuals convicted of a sex offense.

  3. College admissions
  4. Some colleges may deny you admission into an educational program if you have a criminal record. It can also hinder you from receiving federal student loans. You may be ineligible to use FAFSA (Free Application for Federal Student Aid) if you have been convicted of possession or sale of illegal drugs.

  5. Housing
  6. Most landlords conduct a background check before renting a property. A criminal conviction can affect your eligibility for both public housing and private housing. In addition, subsidized housing programs use federal rules to decide who is eligible for assistance. Housing agencies can deny admission to people with a past criminal record, as well as to their entire family. Criminal records that can be grounds for denial include drug conviction, sex crime convictions, and violent crimes.

  7. License
  8. Having a past record of criminal conviction can affect your professional license. Many jobs, including positions in a governmental office, education, medicine, and law require a person to maintain certain ethical standards. In addition, having a history of traffic violations can cause your license to be suspended or revoked.

  9. Immigration
  10. Individuals who are not citizens, or illegal immigrants, can be evacuated from the country if they are charged with serious criminal offenses. A criminal history can also result in the denial of your citizenship and your re-entry into the country.

  11. Social Consequences
  12. Criminal convictions can affect your social status and interpersonal relationships, including a romantic relationship, or your relationship with your co-workers, friends, and members of your family.

  13. Voting
  14. In some states, defendants, convicted felons or people with a history of felonies are not allowed to vote.

Charged with a crime? Contact the Law Offices of Joel Silberman, LLC

If you are accused, charged, or arrested for a crime in New Jersey, then you will need an experienced and aggressive Criminal Defense Attorney to fight for you. The law offices of Joel Silberman, LLC focuses exclusively on criminal defense. We have a reputation for aggressively representing individuals facing Federal, State, and Municipal charges. Call us today at 201-420-1913 or email 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 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.

Guns & Weapons Offenses in Public Places

Guns in public places

Common sense says that having more guns and weapons in public increases the risk of violence. People carrying hidden, loaded handguns and other weapons in public create an unnecessary risk of intentional or accidental shootings. The presence of concealed guns increases the risk that commonplace disagreements will escalate into shootouts, especially in places like bars, sporting event venues and in traffic, where disputes frequently occur.

56% of Americans oppose laws allowing people to carry concealed, loaded handguns in public places. However, state after state has adopted the “shall issue” or “may issue” gun laws that remove law enforcement discretion from the permission process. Weak laws permitting concealed weapons have radically increased the number of people who may carry hidden, loaded handguns.

New Jersey and New York require CCW (Concealed Carry Weapon) permits. Applicants must demonstrate good cause or a justifiable need to carry a concealed weapon. New Jersey and New York are among the “may issue” states that require applicants to complete a firearm safety course, or otherwise demonstrate their qualification to use a firearm safely. New Jersey also requires that three reputable persons who have known the applicant for at least three years certify that the applicant is of good moral character and behavior. On the other hand, New York requires the licensing authority to ascertain that the applicant is of good moral character.

According to the Violence Policy Center analysis of news reports, CCW permit holders have killed at least 14 law enforcement officers and 622 private citizens since May 2007. These tragic incidents include 27 mass shootings and 39 murder-suicides.

In a 2010 nationwide poll, a majority of Americans opposed laws allowing people to carry concealed, loaded handguns in public places. Nine out of ten Americans oppose laws allowing guns on college campuses or in bars, restaurants, stadiums, hospitals or government buildings.

The Law Offices of Joel Silberman, LLC

Are you being investigated for, or being charged with federal gun-related offenses? Often the government’s seizure of weapons involves search warrants and warrant less searches. The Law Offices of Joel Silberman prides itself on examining the legality of every case and pursuing the appropriate motions. Call our number at 201-420-1913 or email us at joel@joelsilbermanlaw.com

Excessive bail or impose excessive fines? Cruel and unusual punishments? Get help for curative remedies!

The Eighth Amendment denies federal officials authority to require excessive bail, impose excessive fines, or inflict cruel and unusual punishments.

In case of Timbs v. Indiana, 139 S. Ct. 682 (2019), the Supreme Court has held that the Due Process Clause incorporates the Eighth Amendment’s Cruel and Unusual Punishment Clause.

excessive bail

Some Serious Traffic Offenses in NJ

Some Serious Traffic Offenses in NJ

  • Speeding
  • Driving without insurance
  • Hit and run
  • Drunken driving
  • Failing to maintain a safe distance behind another vehicle
  • Reckless driving
  • Failing to stop
  • Failing to yield the right of way
  • Improper lane change or travel
  • Improper overtaking

Traffic violations can lead to fines, license suspension and even jail time. Defend your traffic violation charges with the help of an experienced and reliable traffic violations lawyer in NJ.

Traffic Offenses

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.

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