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Criminal Charges
I have been practicing as a criminal defense lawyer in New Jersey for over 18 years and I can help you get through this difficult time. I represent clients on all criminal charges. A partial list is at the end of this section. The most important aspect of your defense is what happens when you are arrested and immediately afterwards, and so it is important that you read the following:
WHAT TO DO IF YOU ARE ARRESTED
Most people have never been exposed to the criminal justice system and are not prepared for the first time they are arrested. The most critical time is the period before they are permitted to speak with their attorney. This time can be longer than it should be, and you are not in control of the procedures except as listed below.
When arrested, you should be read your Miranda rights. Included in the Miranda warning are:
- The right to remain silent,
- Anything you say can be used against you in court,
- You have the right to an attorney, and to have the attorney present while you are being questioned,
- If you cannot afford an attorney, one will be appointed for you.
What these rights mean is that you do not have to make statements, or give explanations or excuses about the situation you are in. You do not have to give an alibi, or discuss your whereabouts. You should not make any statements, oral or written, regarding why you were arrested.
If you are read your Miranda rights, you can consider yourself under arrest, whether or not you are handcuffed or otherwise “not free to leave.”
There have been cases where my clients were tricked into making statements before speaking to counsel that harmed their legal interests.
Due to changes in criminal law, once you exercise your Miranda rights the police can start questioning you again if you initiate a conversation or agree to speak with them and start talking about anything, not necessarily about the charges. You could end up incriminating yourself.
If you are told that all you need to do is answer the questions they have and admit what you did and then you can go home, do not believe it and do not say anything. If the police believe they have the evidence to arrest and jail you they will do so. If they don’t, then do not give it to them. If you admit to guilt to a charge, especially a serious one you are not going home at that time. Once you admit guilt it will be more difficult to overcome that statement later on.
Do not sign anything voluntarily other than the Miranda rights card, if you are given one. If you are forced to sign, or initial something, write the words, “I want a lawyer” or “I requested an attorney” next to every spot they ask you to sign.
When you are arrested, you should:
- Ask to see an attorney.
- Tell the police your name and address; this is the only question you must answer.
- Relax, staying calm is the key.
- Do not resist, touch, threaten, or argue with any police officer.
- Do not consent to a search. If the police say they have a search warrant, ask for a copy. Do not interfere with the search. If the police say the will get a warrant if you don’t consent, then let them get the warrant. They are not going to let you leave at that point.
- Ask if you are under arrest or if you can leave. If you can leave, leave immediately and contact either myself or another criminal defense attorney.
- If you have been arrested, ask what you are being charged with.
- Stay silent. Anything you say can be used against you in court.
Remember that police are allowed to mislead you, lie and trick you to get the information they seek. They are not trying to help you.
Being arrested is a frightening experience. Stay calm, stay silent, and seek the advice of an attorney as quickly as possible. If you have further questions, feel free to contact me so that I can help you.
A short list of criminal charges
- Violent Crimes: Assault, Murder, Manslaughter
- Drug crimes: Possession, Trafficking, Distribution
- Sex crimes: Rape, Sexual Assault, Computer & Child Pornography, Megan’s Law offenses
- Robbery, Burglary, Theft, Receiving Stolen Property
- White Collar Crimes
- Firearms/Weapons Crimes