If your child makes a mistake, then you should make sure it does not ruin the future. When your child is charged with a crime in New Jersey, contact Attorney Joel Silberman to discuss your options.
In case of Rehaif who entered the United States on a student visa and later lost his immigration status, the Supreme Court held that the Government therefore must prove both that the defendant knew he possessed a firearm and also that he knew he belonged to the relevant category of persons barred from possessing a firearm, and reversed Rehaif’s conviction
Rehaif entered the United States on a student visa. When the university to which he was admitted dismissed him for poor performance, it advised him that he would lose his immigration status unless he enrolled elsewhere, which he did not do. He went to a shooting range where he purchased ammunition and practiced using the ranges firearms. The ammunition he bought came from out-of-state and the firearms he used were from Austria.
Federal law declares it unlawful for an individual, unlawfully present in the United States, to possess a firearm or ammunition that has been transported or shipped in interstate or foreign commerce. A second statute makes it a federal crime to knowingly engage in such unlawful possession.
At his trial, the U.S. district court advised the jury that the government did not have to prove that Rehaif knew that he was in the U.S. unlawfully. The jury convicted Rehaif, and the court sentenced him to prison for 18 months.
The U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) affirmed Rehaif’s conviction on several grounds. The Eleventh Circuit noted that conviction requires proof of three elements:
The Supreme Court held that the Government therefore must prove both that the defendant knew he possessed a firearm and also that he knew he belonged to the relevant category of persons barred from possessing a firearm, and reversed Rehaif’s conviction. Speaking for a majority of the Court, Justice Breyer pointed out that mens rea questions are first and foremost a matter of congressional intent. He noted that the longstanding presumption, traceable to the common law, that Congress intends to require a defendant to possess a culpable mental state regarding each of the statutory elements that criminalize otherwise innocent conduct. Nevertheless, he explained that the presumption does not necessarily apply to all of a crime elements.
If you are facing criminal charges, you need a legal defense from an attorney like New Jersey Criminal Defense Attorney Joel Silberman. He is dedicated to fighting for individuals that are facing Federal, State and Municipal charges.
At the Law Offices of Joel Silberman, no case is too big or too small. Whether you have been issued a summons for Municipal Court or been charged with a First Degree offense, you will receive the same aggressive and hard-hitting representation.
Call (201)-420-1913 today to schedule an appointment.
If you are accused, charged, or arrested for criminal charges in New Jersey, you will need an experienced and aggressive New Jersey criminal defense attorney. A criminal defense lawyer specializes in the defense of individuals, companies and entities charged with criminal conduct.
The involvement of a criminal defense lawyer can have a great impact on the outcome of the legal case. Criminal accusations of any kind may lead to consequences that will affect an individual’s personal and professional life, as well as their livelihood. It is highly recommended to choose an experienced and trusted attorney.
Driving under the influence (DUI) is a crime of driving a motor vehicle while impaired by alcohol or drugs. If you are arrested for DUI, then hiring a criminal defense attorney will help you.
In DUI investigations, police officers follow guidelines during the process. There are three phases in the DUI investigation.
When you are facing criminal charges, you need to hire a criminal defense attorney to fight for you. Attorney Joel Silberman, a NJ criminal defense attorney, is dedicated to fight for individuals that are facing federal, state and municipal charges. Contact attorney Joel Silberman at 201-420-1913.
Talk to a Criminal Defense Attorney before talking to the police
Facing criminal charges is very stressful but hiring the right attorney, who is also a former state prosecutor with a proven track record as a criminal defense lawyer can reduce your stress significantly.
At the Law Offices of Joel Silberman no case is too big or too small. Whether you have been issued a summons for Municipal Court or been charged with a First Degree offense, you will receive the same aggressive and hard-hitting representation.
Joel Silberman has a large network of experts in fields such as DNA, medicine, breath tests, accounting, accident reconstruction and private investigators. The exhaustive investigation and analysis of evidence by independent experts is often the difference between a not guilty versus a guilty verdict or a favorable versus unfavorable plea agreement.
If you are accused, charged, or arrested for criminal charges in New Jersey, then you will need an experienced and aggressive New Jersey Criminal Defense Attorney to fight for you. Jersey City criminal defense lawyer Joel Silberman focuses exclusively on criminal defense. With years of legal experience, Joel has a reputation for aggressively representing individuals facing Federal, State and Municipal charges.
Joel and his team have developed formidable negotiation and courtroom skills that ensure the best possible outcome for their clients. At the law office of Joel Silberman, no case is too big or too small; they handle criminal cases ranging from simple misdemeanors to violent felonies.
The most important thing you should do is cooperate with the arrest. You should not resist. Even if you are innocent you have no legal right to resist. It is generally best after that time exercise your right to an attorney and not provide any statement until you have retained the services of a lawyer.
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