Blog Posts - Criminal defense
Should I Accept a Plea Bargain?
If you are facing criminal charges in New Jersey, you may be offered a plea bargain by the prosecution. A plea bargain is an agreement in which you agree to plead guilty—often to a lesser charge or in exchange for a reduced sentence—instead of going to trial. While plea bargains...
Read More
Does Self-Defense Apply in New Jersey Firearm Cases?
Firearm-related charges in New Jersey are taken extremely seriously, often carrying mandatory prison time under the state’s strict gun laws. However, in certain situations, defendants may raise self-defense as a legal defense. Understanding how New Jersey law views self-defense, especially in cases involving firearms, is essential if you are facing...
Read More
How Does Self-Defense or Justifiable Homicide Impact Murder Cases?
When someone is charged with murder in New Jersey, one possible defense is that the act was committed in self-defense or qualifies as a justifiable homicide. These defenses, when valid, can either lead to a full acquittal or a significant reduction in charges. Understanding how New Jersey law views self-defense...
Read More
What Evidence Is Typically Used in Murder Trials?
Murder trials are among the most serious and complex cases in the criminal justice system. Prosecutors must prove guilt beyond a reasonable doubt, and the outcome often hinges on the strength and reliability of the evidence presented. Understanding the types of evidence commonly used in murder trials can help defendants...
Read More
What are the Potential Penalties for Murder Convictions?
Murder is probably the most violent crime a person can commit. Murder means intentionally taking someone’s life, either purposely or knowingly. Murder is premeditated, which means the defendant planned to kill the person ahead of time. Murder is a type of criminal homicide. Under N.J.S.A. 2C:11-2, criminal homicide is classified...
Read More
What are the Pros and Cons of Having Megan’s Law?
The last time 7-year-old Megan Kanka was seen alive was on July 29, 1994. She was talking to a man across the street from her home in Mercer County, New Jersey. The next day, her body was found in a park about three miles away. She was killed by her...
Read More
What is a Plea Bargain, and Should I Accept One?
If you have been charged with a crime, you may be worried about the outcome. You may not want to go to court. The good news is that you may not have to go through a trial. This is because prosecutors will often offer plea bargains to defendants. Plea bargains,...
Read More
What Constitutes Murder Versus Manslaughter?
In New Jersey, the legal term ‘criminal homicide’ describes the crime of causing the death of another human being purposefully, knowingly, or recklessly (NJ Rev Stat § 2C:11-2). It includes three distinct crimes, which are further broken down by degrees: murder, manslaughter, and vehicular manslaughter. Intent is the primary difference...
Read More
What Steps Should I Take if I’ve Been Charged with a Violent Crime?
In a recent year, over 443,000 people were arrested for violent criminal offenses in the United States. In New Jersey, many violent crimes are indictable offenses, with first-degree offenses carrying the harshest penalties. If found guilty, you will be facing a lengthier prison sentence and steeper fines than for other...
Read More
What Happens Prior to a New Jersey Detention Hearing?
Before the detention hearing stage in the New Jersey criminal justice process, the police must arrest you for a specific charge, and the prosecutor must process and initiate a case against you. While the police can recommend that the prosecutor file additional charges, it is up to the prosecutor to...
Read More
What is a Detention Hearing?
A detention hearing, also called a pretrial detention hearing or bond or bail hearing, is held to determine whether a defendant should be detained or kept in jail until the resolution of their case or released while awaiting trial. It must be held within two days of the defendant’s arrest...
Read More
When Driving Turns Deadly: A Comprehensive Guide to Vehicular Homicide Charges in New Jersey
For many, the freedom of the open road is a symbol of autonomy and opportunity. However, this freedom comes with a weighty responsibility. When driving turns deadly, the consequences extend far beyond the confines of the road. In New Jersey, vehicular homicide, also known as vehicular manslaughter, is a serious...
Read More
Firearm Regulations in New Jersey: What to Know to Stay Compliant
In the United States, the debate over gun control and firearm regulations remains a highly contentious and evolving issue. Each state has its own set of firearm laws and regulations, and New Jersey is no exception. Understanding the intricacies of these regulations is essential for gun owners, enthusiasts, and anyone...
Read More
Understanding New Jersey's Underage Drinking Laws and Their Consequences
The issue of underage drinking presents a multitude of challenges, not just in the United States but specifically in the state of New Jersey. Alcohol, although a legal substance for adults, can pose life-altering risks for young individuals who engage in its consumption. Binge drinking, a pattern commonly observed in...
Read More
Cybercrimes That Can Send You to Prison
In an increasingly digital world, cybercrime has become a pervasive threat to individuals, businesses, and governments alike. New Jersey, like many other states, has seen a rise in cybercrime in recent years. These offenses range from hacking and identity theft to online fraud and cyberbullying. With federal and state authorities...
Read More
Wire fraud has not completely replaced mail fraud
There’s no doubt that more transactions – both legal and illegal – are done via the Internet and other electronic means than in the not-so-distant past. That’s what wire fraud charges typically involve. However, people can and do face mail fraud charges every day. Both are serious federal offenses, and...
Read More
Must the police have a warrant to search my property?
When the police have reasonable suspicion that you have committed a crime, they will look for evidence that they can use against you. Depending on the circumstances of your case, this search for evidence might bring them to your home or place of work. The 4th Amendment of the U.S. Constitution...
Read More
When is it legal to use force to defend yourself in New Jersey?
In New Jersey, the concept of self-defense is enshrined in the state’s laws to protect citizens who find themselves in situations where they must defend themselves or others from harm. Though the right to self-defense is not absolute, it is essential to understand when it is legally permissible to use force...
Read MoreWhy do people falsely confess?
Have you ever wondered why an innocent person would possibly confess to committing a crime that they didn’t commit? There are actually numerous reasons why someone might falsely confess, but there is still much research and debate around the issue of false confessions. In some cases, people wrongly convicted due to...
Read MoreShould you worry about eyewitness testimony?
Eyewitness testimony is one of the most powerful pieces of evidence used in a court of law. It is often pivotal in proving guilt or innocence, but how reliable are they? While many people like to believe they have perfect recall, in reality, multiple factors can impact a person’s recollection of...
Read MoreHow to explain a charge to your child
Facing a charge can affect your relationships, especially with your kid(s). While some parents can keep their charges private sooner, at times, it can be hard to do so, for instance, if it happens when the kids are old enough or if they saw the arrest.So, how can you explain...
Read MoreWhat is the fruit of the poisonous tree doctrine?
Different legal doctrines exist. While they may not be used in everyday conversations, you should be informed of them, especially when facing a criminal charge, and one of them is the fruit of the poisonous tree.Here is what you need to know about this doctrine: What is it? The fruit...
Read MoreCan you defend yourself against a failure to appear charge?
If you are charged with a criminal offense, one of the conditions the court will set forth for your bail is attending your court dates. Skipping court (also known as jumping bail) is a huge mistake; one that can lead to a range of legal and personal consequences. While honoring...
Read MoreAre plea deals as good as they sound?
In times of war, people on one side often give those on the other a harsh choice: Surrender or die – and that can sound pretty unreasonable. If you stand accused of committing a crime in the U.S., however, your choices might also feel unreasonable. Prosecutors can make it sound...
Read MoreCan the police lie to you?
Most assume that people sworn to uphold the law would be held to a higher standard. These are the same people that make up the jury at a trial, and when they hear that the police got the suspect to confess to a crime, they’ll also assume that the suspect...
Read MoreWhy do some kids join gangs?
Youth gang involvement has been around for centuries, but that does not make it less concerning. According to the National Gang Center, eight percent of youths have joined a gang at least once by the time they hit their 20s. On average, they stay in a gang for one to...
Read MoreWhat happens if I resist arrest in New Jersey?
No one wants to find themselves in a situation where they have to resist arrest, but sometimes, things can escalate quickly. First, however, it’s important to understand the potential consequences of resisting arrest in New Jersey, which is considered a criminal offense.Under New Jersey law,resisting arrest occurs when an individual...
Read MoreFactors considered in sentencing
One of the primary questions of a person who’s facing criminal charges is what type of sentence they’ll have to serve if they’re convicted. This varies greatly from one case to another, even if the defendants are facing the same criminal charge. Understanding some of the factors that play a role...
Read MoreDoes circumstantial evidence matter in a trial?
Evidence can either be direct or circumstantial. Direct evidence, such as a confession, proves or disproves a fact without further presumptions or inference. On the other hand, circumstantial evidence relies on inferences to establish a conclusion about the facts of the case. It can be convincing and persuasive when presented...
Read MorePotential reasons young people break the law
When young people are facing criminal allegations, parents often feel shocked. They never saw any signs that their child would consider breaking the law, and they may have thought their child would never do it.Often, there are outside factors at play that the parents simply didn’t realize. Below are a...
Read MoreThe most common types of juvenile offenses
Criminal offenses carry a stigma. However, not everyone charged with an offense is a bad person who is beyond redemption. It just isn’t as simple as that. Nearly a million people under the age of 18 are arrested every year in the U.S., with many of them simply being in...
Read MoreWhen can evidence be excluded from your criminal case?
A judge can decide to exclude specific evidence from your trial for various reasons. This follows a successful motion to suppress, usually filed by the defendant or their defense team during pretrial hearings. When the court grantsa motion to suppress, the affected evidence will not be used during your trial....
Read More"What should you know about “death by auto” charges in New Jersey?"
No one ever wants to be responsible for taking a life, but it can happen –often due to motor vehicle crashes. Even when accidental, those responsible for the death of another risk severe criminal penalties if convicted. All states have specific laws governing what happens to the person found responsible...
Read MoreHow are “reasonable suspicion” and “probable cause” related?
Police officers have a lot of authority to act in ways that will keep the peace and stop criminal activity – but that authority isn’t absolute. They generally cannot pull over a car, stop a pedestrian or initiate a search of someone’s property without at least reasonable suspicion that something...
Read MoreWhat constitutes arson?
In the state of New Jersey, arson is defined as the malicious act of burning or setting a property on fire. Typically, when people hear the term arson, they think it relates to a burning building, but that’s not entirely true. Arson can also apply to burning property such as...
Read MoreCan you be fired for getting arrested?
If you get arrested, you may be very concerned about the impact on your career and your professional aspirations. You worry about the damage that this could do to your reputation. In certain careers, this can make it very hard to advance. But it may be more than just a...
Read MoreCan you face charges for causing an accidental fire?
Fires cause numerous fatalities, injuries and property damage every year in New Jersey. For this reason, law enforcement treats the crime of arson very seriously. There are numerous causes of fires, with some being accidental and some being more malicious. Can you be charged with a criminal offense for causing an...
Read MoreAre you entitled to defend yourself and property?
You’re a kind and gentle person, and violence is the last thing on your mind. Sadly, you’ve recently been put in a situation where you felt that you had no choice but to use violence. Someone threatened you, your family and property. Are you legally entitled to defend yourself by...
Read MoreWhat you should know if you’re charged with “bias intimidation”
In New Jersey, the potential consequences for a number of crimes can be greater if the victim of the crime was targeted because they belong to a protected class. Specifically, a charge of “bias intimidation” can be added to any other charge(s) filed against someone. The term “bias intimidation” in...
Read MoreCan you be pressured into admitting a crime you didn’t do?
The human brain isn’t flawless – there are blind spots in the neural network that can cause people to believe in illusions. While these blind spots can create amazing magical tricks, they may also cause people to create false testimonies. Despite someone knowing they are innocent of a crime, there may...
Read MoreCan you be charged for breaking into your own home?
You’ve been at work all day and are eager to get back home. Upon arrival, you search for your house keys to no avail. You’re the only one to carry a set of keys, and the spares are inside. It’s dark, you’re tired and it’s beginning to get cold. You...
Read MoreMistakes people make during traffic stops
If you get pulled over by the police, it’s natural to feel rather stressed and concerned. You may think you didn’t do anything wrong. You may be worried about legal charges and potential ramifications. It’s just a stressful event all around. At the same time, you’re very conscious of the fact...
Read MoreThings to consider before accepting a plea bargain
If you are accused of committing a crime, your freedom is entirely up to the court. Depending on the nature of the crime you have been accused of committing, a conviction could attract a fine, jail time or even an execution. A plea bargain is one of the defense options...
Read MoreIs it illegal to read someone's email?
You’ve probably heard that it is a federal offense to open someone else’s physical mail. However, in 2022, most people get far more email messages than physical letters.This may lead you to wonder what happens if you read through someone’s email account. Maybe it’s a co-worker who leaves their email...
Read MoreAre assault and battery the same offense in New Jersey?
Assault and battery are two criminal offenses that often lead to confusion in defendants. In the New Jersey criminal code, the crime of battery is officially a form of assault. When physical contact (battery) occurs during the incident, it typically elevates the offense, making your situation more severe. Knowing the...
Read MoreWhat is identity theft?
Identity theft is something that’s always been around, but it’s becoming more and more common because of technology. There are many ways that a person can commit this crime. In the simplest terms, it means that someone pretended to be another person in order to enjoy some sort of gain....
Read MoreHow can you invoke your Miranda rights?
You may have heard police officers telling a person they’re taking into custody that they have very specific rights, including the right to remain silent and to consult with an attorney. It’s up to the person being placed in custody to invoke the rights that they have. When you invoke your...
Read MoreCan the police use a drone to search your property?
Drones play an increasing role in modern society, bringing several ethical issues into question. Anything that flies almost imperceptibly above our heads can breach our right to privacy in ways that human beings cannot.One area where this is causing concern is the use of drones by the police. The Fourth...
Read MoreWhy does 3+2 not always make 5 in criminal sentencing?
Knowing how to handle your criminal case depends partly on understanding the consequences of a conviction. There are sometimes considerable advantages to accepting a plea deal or a lesser charge, and sometimes there are not. If you face multiple charges, understanding the math will be crucial. Yet judges have different...
Read MoreWhat Happens if You Violate Probation or Parole in New Jersey?
Probation and parole are two different privileges which allow offenders to avoid prison or jail time while serving their sentence. Violating any terms of probation or parole is very serious and could lead to additional punishments. Probation enables you to stay out of jail and serve a period of supervision...
Read MoreWhat Is the Open Container Law in New Jersey?
A New Jersey driver cannot possess an open or unsealed alcoholic beverage while in a vehicle. The law applies to both drivers and passengers. There are some exceptions regarding buses, taxis, mobile homes, house trailers, and similar transportation. However, for the everyday drivers of cars, trucks, and commercial transportation, no...
Read MoreWhat Are Disorderly Persons Offenses?
The state designates lower level crimes as disorderly persons offenses. While the charge is not on par with the severity of a felony, a conviction can still carry harsh penalties, such as jail time and heavy fines. A disorderly persons offense means that you can be tried without facing a...
Read MoreWhat are Defenses for Resisting Arrest?
For the average person, being arrested can be a traumatic experience. Sometimes, a person might resist an arrest if they feel it is unwarranted. However, resisting arrest can result in a serious criminal charge. Fortunately, there are a few defenses you and your lawyer can use if you are charged...
Read MoreWhat is a Motion to Suppress Evidence?
One of the most used criminal defense strategies is to try to get evidence against a client removed from consideration. This is commonly referred to as making a motion to suppress evidence. If the motion is successful, the evidence cannot be used against a defendant. Sometimes, this leads to the...
Read MoreWhat are the Advantages and Disadvantages of Plea Bargaining?
When a person is charged with a crime, they are faced with many choices. In many cases, the defendant that is accused of a crime has the opportunity to enter into a plea bargain. A lawyer can help guide the defendant throughout this process. There are advantages and disadvantages of...
Read MoreWhat can I Do if False Allegations Caused Damages?
When a person is falsely accused of a crime, they may feel very frustrated. However, when a false allegation happens, the accused does have some legal options available to them. An important first step is to get a criminal defense lawyer to help fight against the criminal charges. Even if...
Read MoreWhy Do I Need a Criminal Defense Lawyer?
When a person is accused or arrested for an alleged crime, they should hire a criminal defense lawyer because that person has the experience and knowledge to best represent a defendant’s interests. They can help achieve the best possible outcome and work with prosecutors to lessen any punishments that come...
Read MoreWhat are the Different Types of Criminal Defenses?
There are multiple criminal defenses that a criminal defense lawyer can utilize when attempting to dismantle a prosecutor’s criminal case against a defendant. Among those defenses include: Affirmative criminal defense Insanity defense Coercion and duress Abandonment and withdrawal Getting arrested for a crime can be a traumatic experience, and it...
Read MoreWhat Should I Do if I Have Been Falsely Accused of a Crime?
Being falsely accused of a crime is a serious matter, but anyone who is in this position can follow certain steps to ensure that they will not make matters worse. One of the most important steps to do is to remain calm. Even if someone is questioned by the police,...
Read MoreWhat Should I Look for in a Criminal Defense Lawyer?
A criminal defendant must hire a successful criminal defense lawyer after they are accused of a crime. The system provides a defendant with the right to a trial by their peers. In addition, a defendant has a right to be represented by a lawyer at trial. These rights are provided...
Read MoreWhat Crimes Frequently Happen During the Holidays?
The holiday season is a time of peace and joy; however, it is also a time when crime rates increase. While some people are busy shopping for their loved ones, others are looking to take advantage of the situation. According to Allstate Insurance Company, crime rates tend to rise in...
Read MoreWhat Happens After I Resist Arrest?
When an individual interferes with an arrest from law enforcement, it is considered resisting arrest. For those facing arrest, it may feel natural to try to flee; however, this reaction can lead to serious problems, including fines, incarceration, or even fatalities. Those charged with resisting arrest should note that there...
Read MoreShould I Hire a Lawyer Before Formal Charges are Filed?
It is never too early to hire a lawyer when facing arrest or detention by the police. A criminal defense lawyer can prevent formal charges from being leveled, protect one from violations of their constitutional rights, prevent witnesses and evidence tampering, and negotiate alternative sentencing. Attempting to defend oneself without...
Read MoreWhat are the Best Defenses Against Arson Charges?
The severity of an arson charge depends on the circumstances of the case. The burning of an empty building will be treated more leniently than an occupied building. Intentionally starting a fire will face greater repercussions than an accidental fire. Regardless, it is important to have a legal representative on...
Read MoreDriving Without Insurance Carries Severe Penalties and Fines
Driving without insurance is prohibited in several states. In New Jersey, it can carry worse penalties than driving while intoxicated. One can lose their driver’s license, pay steep fines, court costs and surcharges, along with participating in community service. What is the Law in New Jersey? New Jersey law requires...
Read MoreIs it Possible for My Criminal Case to Get Dismissed?
When someone is charged with a criminal offense, they may think about whether or not the charge could be dismissed. A dismissal can happen, but only under certain circumstances. It is important to note that there is a difference between charges being dismissed and charges being dropped. To be dismissed,...
Read MoreHow to Fight a Disorderly Conduct Charge
A disorderly conduct charge is designed to preserve the peace and harmony of a community. When large crowds gather in public places, are intoxicated, and create disturbances with loud obnoxious behaviors, municipalities resort to the charge of disorderly conduct after arresting individuals to preserve the peace. A disorderly order charge...
Read MoreLegal Defenses in Sexual Assault Cases
All forms of rape count as sexual assault, but not all sexual assault crimes count as rape. Even though state laws vary, all states view sexual assault crimes as crimes that involve sexual activity with no clear consent. The legal defense used in a sexual assault case may revolve around...
Read MoreDomestic Violence Defense During the Coronavirus Pandemic
In the times of the coronavirus crisis, domestic violence accusations have increased due to the quarantine laws that have been put in place. The surge in reported cases mainly comes from women with violent and abusive partners. Despite the amount of cases that have been reported, there are many people...
Read MoreLegal Counsel for Military Personal
Specific legal cases, such as those dealing with military personnel, need to be handled by professionals with knowledge of military life. Cases include those in the Army, Air Force, Navy, Marine Corps, and Coast Guard. We understand the difficulty in finding a lawyer who understands your case and connects to...
Read MoreCan Mischief Night Fun Turn Into a Criminal Conviction?
As Halloween approaches every year, people of all ages look forward to dressing up in costume, stocking up on candy, and attending parties and parades. This good-natured holiday does have a darker side though; that happens the night before, on Mischief Night. Some revelers use this night to smash pumpkins...
Read MoreFalse Allegations of Domestic Abuse
As the media continues to shine light on the problem of domestic violence, more women and even men are coming forward each year with their stories of spousal abuse. With this increased awareness comes a disturbing rise in the number of false domestic abuse allegations. Being falsely accused of domestic...
Read MoreResisting Arrest in New Jersey
Anyone who has experienced being arrested may have been tempted to pull away from the officer or question the arrest. Yet, the act of resisting arrest can be considered a criminal act, in addition to the original arrestable act. The following constitutes resisting arrest under the law and what to...
Read MoreReasons Why You Should Not Talk to Police
Television programs frequently show police officers talking to people who volunteer plenty of information. The truth is, many may not realize that talking to police can have negative repercussions. In most situations, police do not ask questions unless they believe someone is a suspect. A person that talks too much...
Read MoreWhat Happens if You Get Charged With a Crime or an Offense
Before January 1, 2017, a person charged with a petty disorderly persons offense, disorderly persons offense, or an indictable charge could expect to receive a complaint on a summons (which required no cash bail) or be processed on a warrant for which monetary bail was required. After January 1, 2017,...
Read MoreSouth Jersey Criminal Lawyers: Death by Auto
Drivers who are accused of causing fatal accidents by driving recklessly will in most circumstances be prosecuted for violating New Jersey’s vehicular homicide statute, N.J.S.A. 2C:11-5. The majority of drivers prosecuted for vehicular homicide are accused of impaired driving resulting from high blood alcohol concentrations or the ingestion of drugs....
Read MoreSouth Jersey Criminals Lawyers: Domestic Violence in New Jersey
Domestic violence as defined by the New Jersey Criminal Code can incorporate a number of offenses from harassment, a petty disorderly persons offense, to murder, a crime of the first degree carrying a potential life sentence. South Jersey criminal lawyers report that victims of domestic violence include family members, spouses...
Read MoreSouth Jersey Criminal Defense Lawyers Discuss Legal Process After Harassment Claim
Harassment is an offense which frequently is cited in support of requests for temporary and final restraining orders. When prosecuted in municipal court as a “stand alone” offense, harassment is a petty disorderly persons offense punishable by up to 30 days in jail, a $500 fine, a $75 Safe Neighborhood’s...
Read MoreSouth Jersey Criminal Lawyers: People Wrongly Accused of Crimes are Victims, Too
False accusations of rape and serious crimes can happen to anyone and shatter the lives of the accused once the allegations are publicized. The mere suggestion of wrongdoing can change public opinion and it is time-consuming, expensive and stressful to maintain one’s innocence. People wrongly accused of crimes cannot protect...
Read MoreHaddonfield Criminal Lawyers: Simple Assault Charges in New Jersey
In today’s society, assaulting another person with the intent to do harm is a serious issue. In New Jersey, a person that intentionally, negligently, or knowingly causes bodily injury to another person can be charged with simple assault. New Jersey law defines bodily injury as any pain, illness or physical...
Read MoreSouth Jersey Criminal Lawyers: Marital Exceptions in Criminal Cases
Marriage is considered a sacred bond by many and when spouses are loyal to each other, their privacy is often respected. This holds true in many courts of law which make it quite difficult, if not impossible, to force spouses to testify against each other. Furthermore, in the state of...
Read More
Christopher St. John
Tess Berkowitz