Criminal Defense

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 800-889-3129 or email joel@joelsilbermanlaw.com.

 

Could you be Criminally Charged for Driving and Texting?

Man 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 201-273-7070 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 800-889-3129.

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 800-889-3129 or email joel@joelsilbermanlaw.com.

 

Juvenile Crimes in New Jersey

When a child commits a crime in New Jersey, they can be arrested or detained. Although children make mistakes, parents must face the reality that their child has committed a crime and the consequences of that crime can be as simple as writing an essay for misdemeanor crimes to possibly being tried as an adult for felonies. New Jersey judges have a lot of leeway when deciding how to handle a juvenile case.

A person under the age of 18 in New Jersey is considered a juvenile. If the person commits a crime and turns 18 during the course of a trial, they are still considered a juvenile. In extremely serious cases such as assault and murder, courts can try a juvenile as an adult. In some of the less serious cases, a juvenile case is heard in the family division of the Superior Court.

In juvenile cases, the parents of the child will get a notice from the Superior Court describing the charges, court procedures and other information pertaining to the charges. Simple cases are sometimes referred to the Juvenile Conference Committee, who are citizen volunteers appointed by a Family Division judge to act on the court’s behalf. Other cases can be referred to a judicial referee, who is an attorney that sits in for a judge and acts on the court’s behalf with the same legal authority.

In all juvenile cases, the child must have representation that has their best interests in mind. As soon as parents get a notice from the court, they should speak with an attorney. If there are provable monetary considerations, the state must provide a public defender. New Jersey is strict and if either parent is employed, they will most likely not be eligible for assistance. It is important to note that public defenders usually have very high caseloads and are not able to devote the kind of time and energy that a juvenile criminal defense attorney can when defending a child for any kind of criminal charge.

Attorney Joel Silberman has defended many children facing adult trials and whenever possible, succeeded in having them downgraded to a family court matter. We can consult with prosecutors, obtain the state’s evidence and assess the case to effectively represent the interests of your child. Our experienced criminal defense attorneys can help protect your child’s rights and assess your family’s options. Call the Law Offices of Joel Silberman, LLC in Jersey City, New Jersey at 201-273-7070 or 800-889-3129 or email joel@joelsilbermanlaw.com.

 

What to Do If You Are Falsely Accused of a Crime?

Falsely Accused of a Crime

A false criminal accusation can have serious consequences. If every step leading up to the trial isn’t handled properly, there can be a negative impact on every area of the individual’s life, as well as future employment and educational opportunities. It is important for the accused person to know exactly what to do. His or her actions immediately following the charge can make the difference between conviction and acquittal.

When you are falsely accused of a crime:

Hire a criminal defense attorney: This is the first and most important thing to do. Hiring a lawyer early in the investigation can increase the chances of proving your innocence. Your lawyer may also be able to determine if the charges were properly filed, negotiate with the prosecutor and help you understand your legal rights.

Do not discuss your case with anyone: When you have been falsely accused of a crime, do not try to prove your innocence to anyone. Remaining silent will do more good than harm. Discuss your side of the story and other details of the incident only with your lawyer.

Gather evidence and witnesses: Before the search warrant is issued, gather as much evidence as possible and bring it to your lawyer. If someone witnessed the situation or knows of your innocence, ask that individual to share their story with your lawyer.

Stay away from the accuser: Do not try to have any type of conversation with your accuser as it can complicate the matter further. The prosecutor could potentially blame you for intimidating the accuser. Allow your lawyer to handle the matter.

Contact Us

If you have been falsely accused of a crime, our experienced criminal defense attorneys can help you protect your rights and assess your options. We will provide an aggressive defense and keep you informed regarding your case. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

Bayonne police brutality suit cost at least $1.5 million to settle

At least $1.5 million was paid to settle a police brutality lawsuit brought by a family that was beaten and pepper-sprayed by Bayonne police, according to a confidential deal released Friday after a year-long court battle by The Jersey Journal.

The family of Brandon Walsh sued the city of Bayonne and the police department in November 2014, 11 months after Walsh was beaten with a flashlight during an arrest at his home. Read more.

 

Driving Without a License in NJ

Driving without a license

Driving without a valid license is a criminal offense in New Jersey and may lead to serious consequences. Driving without a license may mean that you have a driver’s license but it was not in your possession, or that you never applied for a license, or that your license has been cancelled, revoked or suspended by the authorities.

Under the New Jersey motor vehicle law, no person is allowed to drive a motor vehicle without a basic driver’s license or probationary driver’s license issued by the Department of Motor Vehicles. When a person is caught driving without a valid license, he or she may face serious penalties. Similarly, if a person has allowed an unlicensed driver to use his or her vehicle, that person may also face serious fines.

Penalties for Driving Without a License in NJ

Driving without a license in New Jersey may lead to the following fines and penalties:

  • Driving with no prior license: May lead to a fine of up to $500 and imprisonment for up to 60 days. The person will be ineligible for a license for 180 days.
  • Driving without a license with proof of a prior license: May lead to a fine of up to $500 and imprisonment for up to 60 days.
  • Violating a restriction on a conditional license: May lead to a fine of up to $100 and imprisonment for up to 30 days.
  • Lending your driver’s license: May lead to a fine of up to $500.
  • Allowing an unlicensed driver to drive your vehicle: May lead to a fine of up to $500.

Contact Us

If you have been charged with driving without a license in New Jersey, let our experienced criminal defense attorneys help you. We have the knowledge and experience to pursue the best possible outcome in your case. Call 800-889-3129 or email joel@joelsilbermanlaw.com.

 

Reasons for Hiring a Criminal Defense Attorney

prosecution defense

There are many reasons why hiring a criminal defense attorney is beneficial for you. They understand the law better, have invested years of education in criminal justice and earned their experience in courtrooms. Regardless of whether they to help lower your penalties or avoid any other consequences, our attorneys are very prepared to handle your case.

The last thing you want is a criminal record following you for the rest of your life. A criminal defense attorney can help stop that from happening. With a good attorney by your side, you have a good chance to win the case or have it dismissed. If you are convicted, he or she can still appeal and ask the court to delete your conviction from your records, allowing you to live a normal life without worrying about a criminal record standing in the way of your job or social life.

When you are faced with a criminal charge, it is vital that you correctly handle all the documentation involved such as filing a plea bargain and submitting court documents on time. If you are handling the case on your own, it might be overwhelming for you to keep track of all the documents you need to bring to court. You may think that you are saving on the attorney’s fees, but a wrong step or a missed deadline for submission of documents could result in you losing your case. You would then have to face many more penalties, and have a much bigger price to pay. An experienced criminal defense attorney can help you with all the legal proceedings and, most importantly, keep you out of jail.

A criminal defense attorney can attempt to get your penalties lowered by getting a diversion or an alternate sentence. In case you want to settle your case by plea bargaining, only an expert criminal defense attorney can successfully negotiate a fair settlement with seasoned prosecutors. He or she can also protect you from improper attempts to get you convicted.

If you were to run into dishonest individuals trying to tamper or destroy your evidence, it would be very challenging to correct that on your own without professional help. An experienced defense attorney will know exactly what to do with people who are less than honest. An experienced attorney has access to professionals such as private investigators, medical practitioners and expert witnesses. They will help you uncover the truth, track down records and point out weak or contradictory statements.

If you or a loved one has been arrested or charged with a criminal offense, contact criminal defense attorney Joel Silberman 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 201-273-7070 or toll free at 800-889-3129. You can also email us at joel@joelsilbermanlaw.com.

 
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