Criminal Defense

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.

 

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

 

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.

 

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.

 

Safeguarding the rights of accused of crime during emergencies like Covid19 pandemic

All locations of the Court are generally physically closed to the public during the ongoing Covid19 pandemic, endangering the liberty of the accused of crime. As courthouses will be open for limited purposes such as jury selection and the conduct of some trials, as well as additional purposes as may be indicated in the Court’s emergency Local Rules, the delay in hearing could cause loss of liberty to the many accused

Fair Trial Right under the U.S. Constitution

The courts should ensure that in cases going to trial, there is a full, unhindered, continuously serving jury venire and seated jury in every case, which is central to the sound administration of justice.

The U.S. Constitution Bill of Rights (under the Sixth Amendment) guarantees the right to a speedy trial with an impartial jury for criminal defendants in federal courts.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

The restrictions are necessary

The compelling public health and safety issues have forced courts to take measures that ensures the ends of justice served by taking such action materially outweigh the best interests of the public and the parties in a speedy trial. The measures are necessary to avoid spread of pandemic by reducing physical contact. These measures were also necessary in order to address the reasonably anticipated difficulties in defense counsel communicating or visiting with clients (including those detained in locales and facilities under a declared state of emergency).

Safeguarding against loss of liberty

All criminal defendants are innocent until proven guilty. Therefore, the courts have a duty to ensure that the rights of defendants are met. To ensure these rights are met, courts frame rules specifying mode and time periods for holding certain hearings. However, a delay in defendant’s constitutional rights cannot be fully avoided.

What has been done during Covid19 pandemic to safeguard these rights?

The courts have taken several steps to deliver justice during this period. Some of the measure taken are:

  • Virtual Court Hearings – use video conferencing and when not available telephonic when video conferencing is not available under a various criminal case events.
  • Waiving certain appearance requirements
  • Extending filing or hearing deadlines and delaying the start of trial in certain cases

Contact a criminal defense attorney to ensure your rights are defended

An experienced criminal defence attorney shall protect your rights and can help you staying out of jail or get you out of it. 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 will give you best representation to protect your constitutional rights.

Around the Clock Representation

Call (201)-420-1913 for a free consultation immediately and highly qualified and devoted legal representation. Law enforcement never rests and neither do we. Immediately after retaining Joel Silberman you will receive a 24/7 dedicated line to contact him on.

 

Failure to Register as a Sex Offender

In response to Megan’s Law, the Sex Offender Internet Registry Law, also known as Sex Offender Registration and Notification Act (SORNA), was enacted which requires certain sex offenders to register. This law was formed with the motive to create awareness of sex offenders by making their information public. Failure to register is a crime.

A person who has been convicted, or found not guilty by reason of insanity for commission of a sex offense shall register as a sex offender.

A person who fails to register as required under this act shall be guilty of a crime of the third degree.

Registration Requirements

An individual who has been convicted of the following sex crime is required to register as a sex offender:

  • Sexual conduct with a minor
  • Sexual assault
  • Sexual assault of spouse
  • Molestation of a child or continuous sexual abuse of a child
  • Infamous crimes against nature
  • Lewd and lascivious acts
  • Indecent exposure and public sexual indecency
  • Taking a child for the purpose of prostitution
  • Sexual exploitation of a minor
  • Incest
  • Kidnapping, aggravated assault, murder, unlawful imprisonment, and burglary (when the offense includes evidence of sexual motivation)
  • Failure to register as a sex offender
  • Violation of Sex Offender Registration statutes

Penalty for Failure to Register as Sex Offender: Third Degree Crime

Failure to register as sex offender is a third degree crime. If convicted, then the offender is liable for 3 to 5 years imprisonment.

Sex Crime Offense Defense Lawyer

If have been charged with failure to register as sex offender, then contact our experienced sex crime defense lawyer. The Law Office of Joel Silberman, LLC works to help you. Call us today at 201-420-1913 and see what we can do for you.

We serve in Jersey City and Newark in New Jersey.

 

Traffic Offense Lawyer Jersey City | Consequences of Driving Without Insurance in NJ

In New Jersey, driving without insurance is an offense leading to serious consequences. The penalties are stated by the NJ Compulsory Motor Vehicle Insurance Law – N.J.S.A. 39:6B-1. Under this law, all cars on the road must have liability insurance. New Jersey’s Statute 39:6B-2 requires the owner to maintain insurance on the vehicle for a minimum of $15,000 to cover injury or death, $30,000 to cover any one accident and $5,000 for property damage.

Penalties for Driving Without Insurance in NJ

First Time Offenders- A first time offender will face license suspension for up to one year, with a minimum fine of $300 and a maximum of $1000. The judge might impose community service.

Second Time Offenders– If a second offense occurs, then mandatory penalties include, jail for 14 days, a fine between $500 and $5,000, 30 days of community service, license suspension for at least two years and a $250 DMV surcharge for three years.

Contact Traffic Offense Lawyer in Jersey City

When you are convicted of driving without car insurance, a traffic offense lawyer in Jersey City can help. Attorney Silberman has extensive experience defending clients accused of traffic violations in New Jersey. Call 201-420-1913 for a consultation.

 
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