Criminal Defense

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.

 

Is Domestic Violence a Felony?

Domestic violence is a broad term and can usually constitute violence between husband and wife, siblings, parents and children or same-sex partners.

Domestic violence can be considered a felony when:

•             A victim sustains serious injuries as a result of violence

•             Violence results in death of the victim

•             Violence committed on a minor or pregnant woman causes injuries

•             An act of violence or threat is done with use of a weapon

•             An act involves sexual assault or rape or forced sexual abuse

•             There is a history of domestic violence convictions

Contact Domestic Violence Lawyer in New Jersey

If you have been accused of domestic violence, then you should speak with a New Jersey domestic violence attorney at The Law Offices of Joel Silberman, LLC.

To contact The Law Offices of Joel Silberman, LLC, call 201-420-1913 or email joel@joelsilbermanlaw.com.

 

Consequences of Failing to Appear in New Jersey Court

A judge issues bail on condition you should return and attend court proceedings. If you fail to appear in court, then you may face severe consequences. It is advisable to hire a criminal defense attorney.

Possible Consequences of Failing to Appear in Court in New Jersey

  • If you fail to appear at court proceedings after bail in NJ, then you can be charged with ‘bail jumping’ or ‘failure to appear’. This might double the charges against you. A warrant may also be issued for your arrest.
  • If you fail to show up for a fourth degree criminal case, then you can be charged with failure to appear, fourth degree.
  • If you fail to show up for a third degree criminal case, then you can be charged with a failure to appear, third degree.

Criminal Defense Attorney in NJ

If you have been charged with a criminal case, then hire a criminal defense attorney to reduce or dismiss your charges. Attorney Joel Silberman, a criminal defense attorney in NJ is dedicated to fighting for individuals facing Federal, State and Municipal charges. Call 201-420-1913 for a consultation with Attorney Joel Silberman. You can also send an email to joel@joelsilbermanlaw.com.

 

Consequences of Drinking and Driving with Children on Board in New Jersey

In New Jersey, a parent drinking and driving with children on board can face serious consequences. Not only this, they can lose the right to operate a motor vehicle for a maximum of six months and must perform community service for up to five days.

Penalties

Penalties include fines, loss of driving privileges, jail and community service sentences. Severity of penalty depends on the driver’s blood alcohol content.

First Time Offenders

First time offenders whose blood alcohol content exceeds 0.08%, but is under 0.10% may face loss of driving privileges for three months, fines ranging between $250 and $400 with additional fees and 30 days in jail. In addition, the offender needs to attend 12 to 48 hours in an Intoxicated Driver Resource Center (IDRC) sponsored program.

Those whose blood alcohol content exceeds 0.10% will lose driving privileges from seven months to one year with fines between $300 and $500. For drivers whose blood alcohol content is 0.15% or higher, they will possibly have an ignition interlock device installed on their vehicle throughout the period of license suspension and for six months to one year.

Repeated Offenders

In New Jersey, there are strict penalties for repeat offenders. For second time offenders, penalties may range from license suspension for two years and fines between $500 and $1,000 with jail time between 48 hours and 90 days. For third time offenders, penalties include license suspensions for ten years and a fine of $1,000 with jail time of 180 days. The convict may also be required to attend 12 to 48 hours in an IDRC sponsored program. An ignition interlock device may also be installed in their car during their license suspension and for a period of one to three years after.

Contact our DWI Lawyer in New Jersey

After a DWI conviction, you can still protect your rights. DWI attorneys at the law office of Joel Silberman have been serving clients in New Jersey for more than a decade. We provide an aggressive and diligent criminal defense for DUI/DWI cases. We will work to protect your rights, and fight on your behalf to avoid a serious criminal conviction. Call our Jersey City DUI/DWI attorneys at 201-420-1913 the Law Office of Joel Silberman, LLC for a free consultation. You can also send an email to joel@joelsilbermanlaw.com.

 

Types of Domestic Violence

Domestic violence is threatening behavior, that can be violent or abusive. It can be psychological, physical, sexual, financial or emotional between adults who are or have been in an intimate relationship or are related, regardless of the gender or sex.

Types

Physical abuse– Physical abuse is the use of physical force against the other person. Physical abuse includes:

  • Pushing, hitting, slapping, kicking, beating
  • Preventing the victim from leaving the room by locking it
  • Throwing objects at the victim
  • Refusing medical help for the victim
  • Denying basic needs such as eating and sleeping
  • Forceful use of substances like drugs and alcohol

Emotional abuse– Emotional abuse is the use of words, voice or action that can affect the emotional and mental well-being of the victim. Studies have revealed the scars of verbal and non-verbal abuse are more emotionally damaging than physical abuse. Emotional abuse may include:

  • Verbal threats
  • Name calling and using abusive language against the victim
  • Humiliating or embarrassing the person in front of others
  • Isolating victim from family and friends
  • Keeping excessive check on the victim
  • Blaming the victim for the abuse
  • Following or stalking the victim

Sexual abuse– Sexual abuse is when the victim is forced to have sexual intercourse with the abuser or take part in unwanted sexual activity. Common examples of sexual abuse include:

  • Forcing sex on the person
  • Forcing the person to have sex with others
  • Physically hurting the person during sex
  • Forcing the person to have sex without use of protection against pregnancy or sexually transmitted diseases
  • Unwanted touching

Financial abuse– Financial abuse is the use or misuse of power and control over finances without the partner’s consent. Common examples of financial abuse include:

  • Forbidding the victim to work
  • Demanding the victim to give account of money spent
  • Forcing the victim to pay for all expenses
  • Controlling bank accounts and common property
  • Forging signature of the victim on important financial documents

Experienced Domestic Violence Attorney in New Jersey

If you are accused of domestic violence, then you should speak with a New Jersey domestic violence attorney. In New Jersey, being charged with domestic violence can carry severe consequences, including time in prison. An experienced domestic violence attorney will provide valuable guidance throughout your case.

Contact The Law Offices of Joel Silberman LLC, at 201-420-1913 or email joel@joelsilbermanlaw.com .

 
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