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New Jersey’s expungement process to be one of the most progressive in the nation

Restore voting rights to residents on probation or parole, allowing them to fully participate in our democracy

New Jersey Governor Phil Murphy said after signing the new expungement law on Dec 18, 2019, “I am proud to sign one of the most progressive expungement laws in the nation, which will allow more New Jerseyans the opportunity to fully engage in our society. I am also proud to enact legislation that will restore voting rights to over 80,000 residents on probation or parole, allowing them to fully participate in our democracy.”

Why this bill?

U.S. Senator Cory Booker has supported the bill. According to him, formerly incarcerated individuals continue to face overwhelming obstacles as they rejoin their communities. It’s often difficult to obtain jobs and housing and many have lost their right to vote. The bill will help restore fairness to the criminal justice system and remove some of the fundamental barriers to re-entry.

“The collateral consequences that come with a criminal conviction have been devastating communities of color, perpetuating the cycle of poverty and fracturing families for much too long. Whenever there is a conversation about the racial disparities among our state’s incarceration rates, we cannot forget that those convictions follow people for the rest of their lives,” said Senator Ruiz. “Expungement can begin to address the inequalities that exist in our criminal justice system. There is more work that needs to be done, but this legislation is a significant step in the right direction.”

Read more opinion on this bill at https://www.nj.gov/governor/news/news/562019/approved/20191218a.shtml.

Automated clean slate for no offense in ten years

It creates a petition process for “clean slate” expungement for residents who have not committed an offense in ten years and who have not been convicted of the most serious crimes. The bill also requires the State to implement an automated clean slate expungement system.

Expungement for low-level marijuana convictions

Further, the bill requires that low-level marijuana convictions be sealed upon the disposition of a case, preventing those convictions from being used against those individuals in the future. It also makes numerous other changes to existing expungement procedures, including the creation of an e-filing system that would eliminate filing fees to petition for an expungement.

Restoration of voting rights to New Jersey residents on probation or parole

The bill restores voting rights to New Jersey residents on probation or parole.  The bill will take effect 90 days after signature.

Call Jersey City Criminal Défense Attorney Joel Silberman

If you or a loved one is being burdened with an arrest record or other unfavorable disposition you should reach out to Attorney Joel Silberman to discuss whether you can have your case expunged. Call us at call (201)-420-1913 or email at joel@joelsilbermanlaw.com today to schedule an appointment.

 

Use of Excessive Force by Law Enforcement Officers

You have right to seek justice against the use of excessive force

Law and order enforcement agencies are allowed to use reasonable force, while on duty, to serve and protect their own lives and lives of others. However, when a law enforcement officer oversteps his or her bounds and uses excessive force that violates a person’s constitutional rights or causes serious physical injury or death, he or she shall be liable for such violation, injury or death. If you are a victim of such use of excessive force, you have right to get justice.

You may have right to compensation

You may be entitled to significant compensation for violation, injury or death you or your loved ones have suffered due to use of excessive force by law enforcement officers. You may even seek punitive damages that is paid by the person liable for such violation.

Seeking justice against law enforcement officers is no easy task

At Law Office of Joel Silberman, we understand, when the law enforcement agencies are the violators, seeking justice is no easy task. People in positions of authority may not be as eager to listen to complaints of brutality by law enforcement officers as they may do in other cases. You need a forceful, determined and experienced voice to make them take a serious note of your case.

Call Jersey City Civil Rights Attorney Joel Silberman today

The Jersey City Civil Rights Attorney Joel Silberman shall help you get justice for any violation of your constitutional rights, injury or death. We have both the experience and resources needed to litigate even the most complex excessive force related lawsuits. Call us at call (201)-420-1913 or email at joel@joelsilbermanlaw.com today to schedule an appointment.

 

Jersey City Wrongful Death Lawyer Joel Silberman

Wrongful death of your loved one: You deserve a closure and financial compensation

Dealing with the loss of your loved ones can be one of the hardest times of your life. If your loved one’s death was caused by someone else’s negligence or wrongdoing, you deserve justice. You have the right to file a wrongful death lawsuit and receive the closure and financial compensation to which you and your family are entitled.

What can be claimed?

You can file a wrongful death lawsuit to get:

  • Lost benefits, such as insurance, from the death
  • Loss of inheritance from an untimely death
  • Expenses associated with the death, such as medical and funeral bills
  • Pain, suffering or mental anguish suffered by the survivor of the decedent
  • Financial difficulties without the support of the deceased.

Challenge in Proving Liability in a Wrongful Death Case

To prove liability in a wrongful death case means showing the jury who is responsible for the person’s unnatural and untimely death. Since the person is already deceased, it can be quite a challenging task to show what caused the untimely death, and that the death would not have occurred in the absence of such cause(s). This is the reason why you need to hire an experienced Wrongful Death Attorney.

Hire Wrongful Death Attorney and Jersey City lawyer Joel Silberman to deal with your wrongful death case

Contact Wrongful Death Attorney Joel Silberman to to discuss potential wrongful death case of your loved one today.

At Law Office of Joel Silberman, we understand that wrongful death can be overwhelming for the families and that’s why we provide the best possible service of handling your case with compassion. We have both the experience and resources needed to litigate even the most complex wrongful death lawsuits. Call us at call (201)-420-1913 or email at joel@joelsilbermanlaw.com today to schedule an appointment.

 

Benefits of Hiring a DWI Attorney in NJ

DWI charges can lead to serious consequences. If you have been arrested for DWI in New Jersey, then it is important to hire a New Jersey DWI lawyer who understands DWI law in New Jersey. Some people try to handle the case alone, and due to their inexperience loose the case and ruin their future. Choosing the right New Jersey DWI lawyer is the best decision to make when charged with a DWI.

Advantages of Hiring New Jersey DWI Attorney

Best legal advice

  • A New Jersey DWI attorney provides priceless legal advice that can help you answer properly in the court.
  • New Jersey DWI attorney will help you understand the legal system and keep you informed about the case.

Professional services

  • A New Jersey DWI attorney completes all the paperwork for you and explains how to avoid providing self-incriminating evidence in court.
  • He will help you cope with the situation and keeps stress away from you.
  • He will investigate how the field sobriety test took place and try to find any loopholes in it.

Witness gathering

  • The DWI lawyer gathers the witnesses and questions them thoroughly. If you are not able to track down the witnesses, then he will hire private investigators to track them.

Defense planning

  • As these attorneys are experienced and have specialized skills in DWI laws, they will get the best possible defense ready for you.
  • If you are already convicted of a DWI crime, a New Jersey DWI lawyer works hard to minimize your punishment.

Contact our experienced New Jersey Criminal defense lawyer

If you have been charged with DWI anywhere in the state of New Jersey, then call Mr. Joel Silberman at 201-420-1913 immediately. right away. Joel and his team will provide an aggressive defense from start to finish and offer you the best chance to stay out of jail. For a free initial consultation, call us at 201-420-1913 . You can also email us at joel@joelsilbermanlaw.com and visit our website for additional information at https://joelsilbermanlaw.com/.

 

How to Hire a Good Criminal Defense Lawyer in Jersey City, NJ?

If you are arrested for committing criminal acts, then you may face serious charges which might require you to spend years in jail, pay hefty fines and register as criminal offender. Hiring a criminal defense lawyer can help you out of these charges or at least reduce the intensity of charges.

If you are charged with criminal offenses in Jersey City, then you will need a good criminal lawyer in Jersey City. So, what are the factors to consider before hiring a criminal defense lawyer? Consider the following:

  • Choose a lawyer who best fits your case and who can fight your case in the best possible way. The attorney you choose must have handled cases similar to yours.
  • Know about the lawyer’s educational background. Ask the lawyer if they are a member of any lawyer associations or worked for them.
  • The lawyer should be able to evaluate your case properly and effectively negotiate with the prosecutors about the plea bargains.
  • The lawyer should be able to help you with embarrassment and depression you may feel during criminal prosecution.
  • Another important note is that, you should always try to choose an attorney who has been practicing in your area for several years. This is because the attorney in your locality will have familiarity with courts and laws in your area and have more connections with the officials nearby.
  • Your attorney should be communicative and responsive to all your doubts at any time of the day.
  • The lawyer should discuss any hidden costs involved before he takes up the case.
  • Check whether the lawyer has good connections with private investigators, so that they can gather any hidden evidences that support your case.

Jersey City criminal defense attorney

If you are facing criminal charges in Jersey City, NJ, Joel Silberman can help you with his extensive experience in a variety of criminal areas. Mr. Joel Silberman works in federal and state courts. Whether you have been charged with a misdemeanor offense or the most complicated federal crime, rest assured Mr. Joel Silberman is as prepared and zealous in representing you as he would be for himself.
Call at 201-420-1913 to schedule a free initial consultation.

 

When facing a criminal charge in New Jersey

Proving that you aren’t guilty of a crime is extremely hard, even if you feel that you have not committed the crime. To prove that you aren’t guilty of a crime, you need to take time and do thorough research of your criminal case.

Tips to prove that you are not guilty of a crime

Collect all the paper related to the criminal case: Keep all papers and records given to you at any time of the criminal procedure. Write down clearly the names and other information of anyone involved in the crime. Keep a mental note of the incident and the circumstances that lead to it.

Talk to a criminal defense attorney as soon as possible: If you have been arrested or suspect that you will be accused of a crime, then immediately contact a criminal defense attorney in your area. An experienced attorney can greatly help you and leaves no way out to prove that you are not guilty of a crime.

Stay calm: Never discuss the case matters with anyone except with your attorney. Do not answer any questions of the police or investigation officer in the absence of your attorney.

Prepare for your court date: Your attorney will guide you on how to behave and what to talk in the court proceedings. You should keep in mind that your statements and how you present the truth is extremely important to win the case.

Know basic of criminal law: Learn the basic criteria of law that is related to your case. Look for any evidence or loop holes that can help your case. Discuss all the options with your attorney and stay updated about your case.

If you have been accused of a crime in New Jersey, contact Mr. Joel Silberman, the New Jersey criminal defense attorney to deal with your criminal case. Call at 201-420-1913 for consultation with Mr. Joel Silberman.

 

The Right to Evidence Disclosure in Criminal Discovery

a prisoner

When a person is accused of criminal charges, the justice system has procedures and protocols in place that govern the way in which the accused is determined to be guilty or not guilty. In addition, there is a rule that makes the person who has been formally accused of a crime entitled to disclosure of the evidence and information. This evidence or information is known as discovery and the defendant has the right to receive it before trial.

Types of Discovery

Discovery material may include police personnel records, medical records relating to injuries, any criminal records of witnesses, recordings of police interviews of victims, defendants or witnesses, and photographs of the alleged crime scene. A police report is typically the first item of discovery that a criminal defense attorney receives. It will contain the names of any victims and witnesses as well as their statements. It will also have observations from the police officers and other important information regarding the incident.

In addition, under the Constitution, the prosecution must disclose exculpatory evidence within its possession or control to the defense. Exculpatory evidence is evidence that tends to contradict the defendant’s guilt or supports a lesser punishment.

Defense attorneys submit a request asking for the aforementioned evidence. If the evidence is not handed over to the defense attorneys intentionally or unintentionally, it is a violation of the law.

An experienced criminal defense attorney will understand the complexities that come with a criminal case. If you or your loved one has been accused of a crime, hiring a criminal defense attorney will help you and your case.

Contact Our Experienced Criminal Defense Attorneys

If you or a loved one has been arrested and charged with a crime, speak to our experienced criminal defense lawyers as soon as possible. We have the extensive knowledge, experience and skills necessary for handling criminal cases. Our criminal defense lawyers will diligently work to protect your rights and fight on your behalf to avoid a serious conviction. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Five Tips for Choosing the Right DUI Lawyer

If you or a loved one has been charged or arrested for DUI, your top priority should be finding an experienced attorney who will fight for you and your loved ones. However, choosing a DUI lawyer can be difficult with so many lawyers to choose from. Your choice can either make or break your case.

Here are five tips to help you navigate the myriad choices and help you choose the best DUI attorney for you:

Experience: Find an attorney who has experience in handling DUI cases and has worked in the jurisdiction where you were arrested. This will work to your benefit because he or she will fully understand DUI defensive tactics. In addition, they will understand the system better and may be acquainted with the judge and district attorney on your case.

Credentials and Accreditations: Choose an attorney who is qualified and has sufficient knowledge in the field. Ask for the lawyer’s credentials and accreditations. This information will demonstrate the caliber of the lawyer.

References: Select a lawyer who offers references. A top-notch attorney should have acquired several clients that are willing to tell you how their case went and how effectively the attorney participated in their case.

Avoiding Attorneys Who Have Been Disciplined: If the potential lawyer has been disciplined by the bar, move on to another choice. A disreputable attorney is the last thing you want.

Cost: Determine the attorney’s fee. While it is not advisable to choose a lawyer based on price alone, you will need to make sure you can cover all the expenses. Ask about it up front, along with any available payment plans.

If You Need an Experienced DUI Lawyer, Contact Us.

If you or a loved one has been arrested and charged with a DUI, speak to our experienced DUI defense lawyers as soon as possible. We have the extensive knowledge, experience and skills necessary for handling DUI matters. Our DUI defense lawyers will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

What to Know Regarding DUI Sentence Enhancements?

The penalties for a drunk driving conviction are severe. However, there are added circumstances that can make the penalties even greater with a DUI sentence enhancement. A drunk driving sentence enhancement can include higher fines, longer license suspension and, in a growing number of states, mandatory jail time.

DUI Enhancement Factors

Although DUI laws vary from state to state, here are some of the factors that can trigger DUI sentence enhancements:

Prior DUI Conviction – Most U.S. states have increased penalties for any driver with repeated drunk driving offenses. Some states enhance the sentence for a DUI for a conviction within the past 5 years; other states enhance the sentence for a conviction within the past 10 years. Many states will enhance the sentence for any previous conviction irrespective of how long ago it was.

High Level Blood Alcohol Concentration – `Most states are beginning to adopt laws that increase penalties for drivers who have high blood alcohol levels at the time of their arrests. Some states place that level at 0.15 while others have greater enhancements for a BAC above .20.

Refusal to Take a Breathalyzer Test – If you refuse to take a breathalyzer test, you may be subject to more penalties. In some states, refusal means immediate revocation of your license whereas in other states, it can lead to jail time.

Child Endangerment – If you were arrested driving under the influence with a child under the age of 18 in the vehicle, you will be subjected to sentence enhancement.

Accident Without the Appropriate Auto Insurance – If you cause an accident while driving under the influence and do not have the required auto insurance, your penalties will be greater.

Bodily Injury – If your accident is due to DUI and you cause injury to someone else, you will be subjected to sentence enhancement.

Other Factors – Other circumstances that can make you subject to sentence enhancement for a DUI conviction include:

  • No valid driver’s license
  • On probation for another crime
  • Having an open container of alcohol
  • Having multiple previous convictions
  • Having an ignition interlock device on the vehicle

If you or a loved one has been arrested and charged with a DUI, speak to our experienced DUI defense lawyers as soon as possible. We have the extensive knowledge, experience and skills necessary for handling DUI matters. Our DUI defense lawyers will work to protect your rights and fight on your behalf to avoid a serious conviction. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Overview of a DUI Case and What Happens When It Goes to Trial

Facing a DUI charge can be an overwhelming experience. You may have many concerns such as whether or not you will be able to retain your driver’s license, how long it will take for your case to go to trial and what potential legal penalties you may face. Therefore, if you have been charged with a DUI, it is in your best interest to have an experienced DUI lawyer on your side to vigorously represent you and fight for your rights.

Every DUI case is unique and has a distinct set of circumstances. However, the legal process is largely the same. Courts generally govern the entire process from the initial charge to the time when your DUI case goes to trial.

Below is an overview of the different stages of a DUI case and under what circumstances the case may go to trial:

Summons and Complaint: This is a document that states the charges against you. It will also include the date you are required to appear in court. Your lawyer may decide to move this date forward in order to give you additional time.

Arraignment: This is a formal procedure where the presiding judge will advise you of your rights, obligations and possible penalties associated with the DUI charge against you. During this period, you will enter a plea of either guilty or not guilty.

Pre-Trial Discovery: During this stage, your attorney will review all documents produced by the State regarding your case and determine if your legal rights have been violated. The prosecutor is the representative of the State in a DUI case. Under the law, the State must give your lawyer all relevant material and evidence that it has gathered against you, including:

  • Narratives
  • Police reports
  • Video recordings of the sobriety tests and/or arrest
  • Witness statements
  • Audio recordings
  • Photographs
  • Scientific documents pertaining to the DUI breathalyzer machine
  • Any other evidence produced by the State in your case

Status Conferences: This is where the prosecutor and your DUI lawyer meet and talk about discovery or other issues related to your case. In addition, they may also talk with the judge about your case.

Pre-Trial Motions: This motion is made by your attorney in order to seek specific relief in your case. For instance, your attorney may file one or more motions that involve issues regarding suppression of evidence, production of discovery, and dismissing or prohibiting testimony. These motions are usually made orally before the court.

The Trial: This is the stage when you case goes to trial. This happens if your case was not resolved or dismissed before the trial or the district attorneys were unable to offer a reasonable plea resolution. Your trial will be held in the Municipal Court district where your DUI ticket was issued. Typically, your case will go before a single municipal court judge. The prosecutor will present evidence and possibly call witnesses for the State. Your attorney will provide evidence and introduce witness testimony in your defense. The presiding Judge will listen to both parties and make a determination as to your guilt or innocence.

Contact an Experienced DUI Lawyer

If you have been charged with a DUI, it is important that you hire a highly skilled and experienced DUI attorney. At the Law Offices of Joel Silberman, our DUI defense attorneys have extensive knowledge and the necessary experience and skills to handle any DUI matter. We build the best possible defense on your behalf in order to fight for the best possible outcome in your case. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 
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