Running away didn’t work when Mom was going to punish you…and it only makes it worse when you run from the cops. It called Eluding or Resisting Arrest If you are going to be charged with a crime or an offense during a motor vehicle violation or on a property, don’t make it worse by trying to get away from the police. They can then charge you with eluding, resisting arrest, escape and other related… read more →
The Intensive Supervision Program (ISP) in New Jersey is the best chance defendants have to get released early from prison. It also allows for a defendant to get his life in order because the rules require a very structured environment in order to participate. For a defendant who wants to take advantage of the program, it gives an early release from the custodial sentence imposed by the Judge. At the same time ISP provides very… read more →
…criminal charges can be downgraded by a prosecutor, which also reduces the severity of the potential sentencing consequences. In NJ, criminal charges are graded as either ‘crimes’ or ‘offenses’. A crime is a charge that exposes you to incarceration in State prison (for a term of more than 364 days), while an offense is a charge that exposes you to incarceration in the local County jail (for a period of up to 6-months). A crime… read more →
…I know I left my fingerprints at the scene, there is a video of me committing the crime, and the victim can ID me…but what I want to know is what are you going to do to keep me from going to jail? As a NJ criminal defense attorney, this request and ‘How much is this going to cost?’ are the first questions a new client will commonly ask during an initial consultation. When you are… read more →
…you can’t explain ‘what happened’ without giving up your right to remain silent. Everything you say can be ‘interpreted’ by the police and used against you in Court. The cops who may be questioning you are not trying to assist in your defense. In fact, it’s often quite the opposite: They are collecting evidence to hold against you. ‘When you find yourself in a hole, stop digging’ is a sentiment that aptly applies when a… read more →
I didn’t want the cops to actually arrest him, I just wanted the cops to get him to leave the house! Many people misunderstand what will happen when they call the police in New Jersey and state that domestic violence (DV) has occurred. Police are not ‘marriage counselors’. When they arrive on the scene, the police will separate the parties and look to observe if there is any indication of a criminal offense. If the… read more →
…but it wasn’t me! I wasn’t there! The witness is lying! I am innocent! Eyewitness identification is never a certain thing, at least when the ID is not made by someone who was already familiar with the person they are identifying. The problem a person faces who is charged with a crime based on a ‘stranger-to-stranger’ identification is whether to remain silent to protect their constitutional rights, or, to give up their constitutional rights to… read more →
…but this is my first offense your honor, why do I get sentenced to jail. I won’t get arrested again… In New Jersey, some criminal and motor vehicle offenses have mandatory sentencing consequences that a Judge must impose. If you are convicted (or plead guilty) to those offenses, the Judge is required to impose the sentence even if this is your first offense. Mitigating factors can be argued by your lawyer to try to lower… read more →
‘I was ticketed doing 102 in a 55 speed zone, but so was the car I was following …do I really need a lawyer? In NJ, you can be issued a traffic ticket for speeding when you are doing anything over the posted limit. Claiming “the car in front of me was speeding too”, does not mean that it was OK for you to do the same. Motor vehicle points will be given to you… read more →
In the U.S., when you are charged with a crime you are entitled to trial by a jury of your peers, and these people may not look, talk or think like you do, but indeed, they may be considered a jury of your peers. The essence of whether a juror is your ‘peer’ is based on whether that person is a citizen of the US, is not otherwise disqualified from service as a juror, and… read more →