Criminal defense lawyer

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.

 

Remedy against prosecutorial misconduct or a racially biased jury

Recently, in Flowers v. Mississippi, 139 S. Ct. 2228 (2019), the U.S. Supreme Court again reversed and returned the case to the Mississippi courts where the prosecutions repeated, racially motivated misconduct during the defendants six trials for the same murders precluded a creditable Batson finding that the prosecutors challenge of an African-American prospective juror was based on race-neutral factors.

Background of the case

State authorities prosecuted Flowers six times for an offense in which a furniture store owner and three employees were shot to death. The state supreme court reversed Flowers first and second convictions due to numerous instances of prosecutorial misconduct. The state supreme court overturned Flowers third conviction on the grounds of discriminatory jury selection. The fourth and fifth trials ended in hung juries. A sixth jury convicted Flowers of murder and sentenced him to death. Flowers argued that the prosecutor in his sixth trial used peremptory challenges in a racially discriminatory manner. (Read full details at https://fas.org/sgp/crs/misc/R46105.pdf)

What did the Supreme Court say?

Supreme Court: The U.S. Supreme Court again reversed and returned the case to the Mississippi courts. The Court, speaking through Justice Kavanaugh, declared [f]our critical facts, taken together, require reversal:

  • First, in the six trials combined, the State employed its peremptory challenges to strike 41 of the 42 black prospective jurors that it could have struck.
  • FSecond, in the most recent trial, the sixth trial, the State exercised peremptory strikes against five of the six black prospective jurors.
  • FThird, at the sixth trial, in an apparent attempt to find pretextual reasons to strike black prospective jurors, the State engaged in dramatically disparate questioning of black and white prospective jurors.
  • FFourth, the State then struck at least one black prospective juror, Carolyn Wright, who was similarly situated to white prospective jurors who were not struck by the State.

What is a peremptory challenge?

Peremptory challenges allow prosecutors to have prospective jurors dismissed without having to explain the reason for the challenge. A prosecutor may not exercise peremptory challenges in a racially discriminatory manner.

Batson v. Kentucky case and peremptory challenge

The Supreme Court in Batson v. Kentucky established a three-part test to assess claims of racially discriminatory use of peremptory challenges. First, the accused must make prima facie showing that the challenge was made for discriminatory reasons. Second, the prosecutor has the burden of proving a race-neutral justification for the challenge. Third, the trial court must determine whether the prosecutor has satisfied his burden.

We will protect your right to justice

For years Joel Silberman served as an Assistant Prosecutor with the Hudson County Prosecutor’s Office. During this time Joel litigated hundreds of felony and juvenile cases and appeared before the Superior Court of New Jersey, Appellate Division on multiple occasions. He knows what prosecutors can do and cannot do. If you are a victim of prosecutorial misconduct or a racially biased jury, he will appeal against the adverse verdict you have got to get you justice you deserve.
Call (201)-420-1913 today to schedule an appointment.

 

Hire a Lawyer who is also A Good Investigator

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.

Hire a Lawyer who is also A Good Investigator

 

Joel Silberman – New Jersey Criminal Defense Lawyer

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.

Joel Silberman – New Jersey Criminal Defense Lawyer

 
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