Article

Discretions of a Criminal Lawyer

Lawyer, judge and criminal

Criminal Lawyers, also known as criminal defense lawyers, defend individuals, organizations and entities that have been charged with a crime. They are responsible for providing the defendant with legal advice, counsel and representation during a criminal trial. Many criminal defense lawyers become involved at a very early stage in the criminal justice process, providing legal services even before criminal charges have been formally filed against a suspect. Many criminal lawyers also continue to work with a defendant even after trial to help them with post-trial legal issues like parole and probation.

Every criminal defense case is unique. The manner in which the criminal defendant acts and answers the questions that the prosecutor poses is important. Moreover, it is crucial for clients to tell their lawyer the complete truth. The best criminal defense strategy lies in the defendant and the criminal lawyer laying out a story that is based on the truth. Even if the defendant is guilty, if he or she honestly confides the truth to the lawyer, the lawyer can present the story in a better light. This could result in a plea bargain, or to the defendant being found guilty on a lesser charge.

Unfortunately, fearing exposure, many clients are reluctant to admit the whole story to their lawyers. They are not able to trust their lawyer fully, doubting if that will be to their advantage. There are certain discretions that a criminal lawyer has. Here are some facts and reasons why you can and should confide in your criminal lawyer:

  • If a defendant confesses to his lawyer that he or she actually committed the crime, the lawyer does not have to disclose the client’s confession of guilt to the court or to anyone else. The lawyer can advise the client to change his or her plea to guilty, but the defendant has immunity from self-incrimination under the Fifth Amendment of the U.S. Constitution. Moral and professional ethics bind lawyers from revealing statements made in confidence.
  • It is the responsibility of the criminal lawyer to advocate for the accused by doing everything within the law to clear the latter of the charges leveled against him or her. But, at the same time, it is not the lawyer’s responsibility to determine whether the client is guilty or innocent. Only a judge or jury can decide that.
  • The lawyer will advise the client on the various decisions the client must make about how the case will be handled. The lawyer will make sure that the client fully understands the consequences of all the decisions. But in the end, the client decides and bears all the consequences.
  • A criminal lawyer who is a private practitioner has the right to decline or accept a particular case. However, the accused has a right to legal counsel under the constitution. A court-appointed lawyer will represent the accused if he or she is not able to pay for legal representation.

Every lawyer is sworn to uphold a code of personal responsibility requiring them to represent the client to the best of their abilities within the parameters of the law.

Contact Us

If you or a loved one is facing criminal charges, you can contact The Law Offices of Joel Silberman, LLC. Call our toll free no. at 201-420-1913 or email us at Joel@joelsilbermanlaw.com.
We represent every case with commitment and dedication.

 

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.

 

Potential Defenses to Domestic Violence

domestic violence defense
Domestic violence charges are very serious and its conviction can carry serious consequences. If you have been wrongly accused of committing an act of domestic violence, a strong domestic violence defense is essential in protecting your reputation and freedom. Here are some potential defenses to domestic violence:

Wrong suspect: You can defend yourself by establishing that someone else was responsible for the abuse and not you. There are a number of ways to establish your innocence, such as presenting evidence as to whether you were near the scene of the alleged incident and whether you had a reliable alibi.

Self-defense: You may make a claim that your action was in self-defense or to protect your children. A claim of self-defense may work if you reasonably perceived an imminent threat, had a proportional response, and were not the initial aggressor.

Deliberate and false allegations: Sometimes, an accuser may make false allegations of abuse against partners out of spite. This is generally common in child custody and divorce cases. To turn away a conviction stemming from false allegations, your defense attorney will try to search for inconsistencies in the accuser’s story by comparing it to police records and witness accounts.

Consent: Although very uncommon, if the accuser gave consent to the act, then that same consent may work as a defense against a domestic violence charge.

Accused of Domestic Violence in NJ? Contact The Law Offices of Joel Silberman, LLC

If you have been accused of domestic violence in New Jersey, you should speak with our NJ domestic violence attorneys right away. Our experienced attorneys will provide valuable guidance throughout your case, while protecting your fundamental rights. Call us at 201-420-1913 or email at joel@joelsilbermanlaw.com.

 

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

 

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.

 
Back to top

Submit your Feedback

      Sending...
x