Criminal Defense

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.

 

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.

 

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.

 

Could you be Criminally Charged for Driving and Texting?

Texting and driving

Texting and driving is dangerous and can have severe consequences. Many states have an explicit law for texting and driving. Federal law bans texting and driving and categorizes it as distracted driving. Many state’s law on texting and driving even specify jail time.

In New Jersey, texting and driving is a criminal offense. For the first offense, you could receive a fine of $200 to $400. The second offense has a fine of $400 to $600. The third offense increases fines by $200 and could include a 90-day license suspension, plus motor vehicle points.

If your action of texting and driving causes injury to someone, then you might face jail time. If your action of texting and driving led to someone else’s death, then you can be charged with negligence and vehicular manslaughter or a homicide charge. If convicted of a vehicular homicide, you can face a term of imprisonment in the second degree between 5 and 10 years, of which you will not be eligible for parole for a minimum of 3 years.

In cases when your texting and driving didn’t result in something as severe as a fatality, you could still be charged with reckless driving.

If you’ve been arrested or charged with driving and texting, it is in your best interest to seek legal advice as soon as possible. An experienced criminal defense attorney can build a strong defense for you and help you determine whether you should take your case to trial or not. Criminal defense attorney Joel Silberman at the Law Offices of Joel Silberman has the skills, knowledge, compassion, and dedication to help you. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Hoboken man charged with falsely imprisoning mother

Hoboken police heard screams for help when they responded to a Willow Avenue residence where they arrested a 67-year-old man on charges he falsely imprisoned his mother, officials said.
Officers responding to a 911 call early on June 21 heard the woman’s “loud screams for help” coming from the residence. The officers said the son, a resident of Washington Street near 13th Street, refused numerous orders to open the door, the criminal complaint says. Read more…

 

Slide | How a Criminal Defense Lawyer Can Help You

Getting charged with a crime is a grave situation. It requires the help of an experienced and knowledgeable criminal defense lawyer. A lawyer can file necessary paperwork, negotiate a plea bargain, gather statements of witnesses and bring in experts to testify. If you are accused, charged, or arrested for criminal charges, you need the help of criminal defense lawyer, Joel Silberman. He focuses exclusively on criminal defense. He will provide aggressive defense from start to finish, and will keep you informed regarding your case. Call 201-420-1913.

How a Criminal Defense Lawyer Can Help You

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How a Criminal Defense Lawyer Can Help You

Person arrested for a crime

Getting charged with a crime is a difficult situation. It requires the help of an experienced and knowledgeable criminal defense lawyer. A skilled criminal defense lawyer knows exactly how to present your case in court. If you or a loved one has been charged with a crime, consult with a criminal defense lawyer as soon as possible. Your lawyer will do the following things for you:

Provide you with an honest assessment: Your lawyer know how things work in the court system. He or she will provide you with an honest assessment of how the trial will proceed and what you can expect.

File the necessary paperwork: Your lawyer can help fill out the necessary paperwork in court. He or she can ensure that all the paperwork is filed according to the strict deadlines set by the court.

Negotiate a plea bargain: Your lawyer can work with the prosecutor to negotiate a plea bargain for you. A plea bargain can reduce your potential sentence and may eliminate a few or all of the charges against you.

Work out a sentencing program: Your lawyer can work out a suitable sentencing program depending on your charges. He or she may also work to get your sentence structured so that you don’t cross paths with the judicial system in the future.

Gather statements: Your lawyer can gather witness statements. He or she can hire investigators to investigate the witnesses scheduled to be presented by the prosecution. If the investigators find anything suspicious, this could help your case considerably.

Bring in expert witnesses to testify: A lawyer can bring in expert witnesses to testify on your behalf in an effort to get an acquittal.

Contact Us

If you are accused, charged or arrested on criminal charges, you will need an experienced and aggressive criminal defense lawyer to fight for you. Criminal defense lawyer Joel Silberman focuses exclusively on criminal defenses. He will provide an aggressive defense from start to finish and will keep you informed regarding your case. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

 
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