There is no ‘I just woke up defense’ in the New Jersey Criminal Code. You are presumed to know what you did, and to have done it purposely, intentionally and willfully. The prosecutor will insist on this. ’Oops’, ‘My bad’ and ” we were just kidding around” and similar types of denials only counted with Mom, not when you commit a criminal offense and the prosecution has your case. If you fall asleep on a… read more →
A sound criminal defense trial strategy starts with the opening statements. This is the opportunity for the defense to clearly tell the jury what the defense theory of the case is, and why the client is NOT GUILTY of what the State says the defendant did. There are often issues that need to be highlighted that undercut the strength of the State’s case, and sometimes weaknesses that should not be mentioned in an opening that… read more →
Why do I need a lawyer just because I am charged with a crime? I can read, I know how to speak, and I’m able to understand what is said in Court. I can represent myself. So says you! In the United States you have the right to remain silent when you are charged with a criminal offense. When you represent yourself you give up that right, and anything you do or say can, and more… read more →
Despite impending bail reform, if you today are charged with a serious criminal offense in New Jersey, you will need to post bail before you will be released. Some lower-level crimes can be charged on a Summons, which allows the police to arrest you, process you, and release you on your own recognizance (without posting bail). Other crimes, or those persons who have had prior criminal charges filed against them, can have conditions (such as… read more →
The police generally need a reason to stop you, or to search you, your house…or your car. The constitutionally based ‘warrant requirement’ which protects you from an unreasonable search or seizures can be overcome by circumstances that eliminate the need for the police to find a ‘neutral and detached magistrate’ (a judge) from whom they can request a search warrant. Your actions can support an exception to the need to obtain a judicial approval for… read more →
In the United States, when you are charged with a criminal offense you have the right to remain silent, and not to become a witness against yourself. Your right to remain silent and protect yourself from self incrimination continues throughout the Court proceedings, including at trial. No one can call you to the witness stand except yourself. However, if you take the witness stand, you can be questioned by the prosecutor, putting yourself at risk… read more →
When a Domestic Violence TRO (Temporary Restraining Order) is issued against you in New Jersey, it means you cannot contact the protected party. Period. You are prohibited from going to their residence, their place of business, and any other location they typically frequent. So going to their favorite restaurant, bar, or gym can get you in trouble. If you follow them, or go to a place — even a public place — where you can… read more →
What you say can be used against you if you are charged with a criminal offense. If you’ve been pulled over by police, and are under investigation, for example, for a traffic violation, comply with police requests politely for license and insurance card, etc. However remember this: What you think is funny when it is said on the street in front of your friends, is often not considered funny by the police, the prosecutor or the… read more →
When a police officer instructs you to get out of the car so he can arrest you, there are easy ways for you to exit the car. And ‘harder’ ways to do it, too. You cannot legally resist an arrest. Even if the arrest itself would be improper or something that you should not be arrested for, do no resist the order. If you resist the arrest, the police can use alternative ways to get… read more →
In a criminal prosecution in the United States, the State must prove each element of a crime you are charged with, or the jury must find you not guilty. Each crime has elements (or parts) that make up the completed crime. If there are three parts, the proof must establish the evidence to prove each of those three parts. Proof can be used that is ‘direct’ (I saw him eat the cookies). It can be… read more →