Newark Carjacking Defense Lawyer
Carjacking is the theft of a motor vehicle, where the victim is injured or force is used against the victim when the car is taken. Just as the use of force turns a theft into robbery, using force when you take a vehicle is treated more seriously than auto theft. Carjacking is considered a violent 1st degree crime and if you are convicted after trial you are facing a prison sentence of 25 years subject to the No Early Release Act, which means you will serve 85% of the sentence imposed before you are eligible for release on parole. In many cases, there are also other crimes charged such as Possession of a Weapon and Aggravated Assault, which can result in an even longer prison sentence.
If you are charged with carjacking, contact Howard Bailey at 973-982-1200 for a free consultation to discuss how his representation can benefit you.
Defending a Carjacking Case
From experience, Howard Bailey knows that in most of these cases, the best defense is to attack both the facts the State is using to try to convict you; and, to develop every legal issue that can be used to weaken the State case. In a recent case, a client was charged with Carjacking, Possession of a Shotgun, Aggravated Assault, and other crimes. The State offered a plea deal of 12 years in prison with the client serving 85% of that sentence. Using factual discrepancies to weaken the State’s case, and several legal motions to undercut the ability of the prosecutor to prove their case, Mr Bailey worked out a plea to a reduced charge with a sentence of time served. The client was immediately released.
Legal Issues in a Car Theft Defense
If you are being arrested and charged with these types of crimes, the most important thing to do is REMAIN SILENT. Do not give a statement to the cops, and do not help them make the case against you stronger. If you do give a statement, we can challenge the Miranda warning but it is better for you if you never give the statement. Other legal issues that can benefit you are to attack the identification of you that the victim made, as well as to suppress the seizure of any physical evidence the cops took from you. These are issues that you need to discuss with your criminal defense attorney as soon as possible to see if they can be successfully used to protect your rights.
What you do in the first 24-hours after being charged with a crime really does matter. This crime is one of the most serious in the criminal code, and has a very severe prison sentence if you are convicted after trial. The time to develop a defense is as soon as possible after you are charged. Call us at 973-982-1200 to discuss what steps need to be taken to defend your freedom.