One of the most confusing aspects of the growth of Social Media, is the spurt of ‘legal experts’ who will tell you all you never needed to know about the Law. Social media and legal advice can be a toxic cocktail. As a practicing NJ criminal defense lawyer, who has been involved with the area of criminal law for 40-years as a police officer, an assistant county prosecutor, and a criminal defense lawyer – there is… read more →
A successful criminal defense is not ‘one and done’ event. It take a long-term approach working on small details to build a potentially strong defense. There are no magic wands, incantations, amulets, or other forms of wizardry that win a criminal case for a client. It takes a detailed analysis of the strengths of the prosecutions case, to spot the deficiencies of proofs against you. Plus it includes the development of counter-arguments to provide the… read more →
When you are late for Court, you risk the Judge issuing a Bench Warrant for your arrest. Most criminal law Judges in New Jersey will ‘Call’ the list of cases as soon as they take the bench. Once the Judge knows you are not there, the Judge can issue a warrant, and forfeit any bail you have already posted. The Judge does not have to vacate the warrant when you show up late for court,… read more →
If you are charged with a crime in New Jersey after January 1, 2017, the Bail Reform Act can result in you being released in your own recognizance (ROR), or held without bail. If you are released, the Court can impose conditions on your release, ranging from ‘stay out of trouble’, to ‘electronic monitoring’, to requiring that you post bail. A risk assessment will be done after you are arrested as part of the charging… read more →
When charged with a crime, STOP TALKING to the police! Anything you say or do can and will be used against you to try to convict you. Protect your freedom and exercise your right not to become a witness against yourself. When you are asked by the cops ‘What happened?’ or ‘What’s your side of the story’ say I WANT TO REMAIN SILENT and I WANT A LAWYER. Trying to explain your way out of… read more →
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 →
You are driving over the speed limit. The car in front of you and behind you are clocking in at about the same speed as you, and the police pull you over. What are you guilty of? SPEEDING. The fact that others are doing what you were doing does not make it ‘legal’ for you to be driving over the speed limit too. Neither does the fact that the police pull you over and not them… 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 →