Articles Posted in criminal defense

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Collateral-consequences-of-criminal-convictions-300x200It is to be expected that a person convicted of a crime will be sentenced to time in jail or prison, which may be followed by a period of parole or another form of community supervision. The convicted individual may also be ordered to pay certain financial penalties in the form of fines, court fees and/or restitution to the victims of the crime or their families. Oftentimes, however, the penalties for committing a crime don’t stop there.

Criminal convictions carry a number of collateral consequences that can significantly impact an individual’s life long after their sentence is completed. These collateral consequences are wide-ranging and can affect an individual’s efforts at rehabilitation and re-entry into society.

Criminal convictions become a part of an individual’s public record. That record is accessible by anyone, including potential employers, landlords, and others. As a result, a criminal conviction can restrict the individual’s ability to obtain employment or secure housing. Depending on the type of crime an individual is convicted of, they may also be required to register with the sex offender registry and/or parole supervision for life.

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Criminal defense attorney addressing a jury -- choosing a NJ criminal defense attorney to represent you and your caseChances are if you are looking for a criminal defense attorney, your needs are immediate. That doesn’t mean, however, that you shouldn’t do your due diligence to find the right attorney for your case.

If you or a loved one are facing criminal charges in New Jersey, you will want an attorney who specializes in criminal defense and is experienced with the State’s criminal justice system to represent you. Familiarity with local courts, judges, and prosecutors can be helpful and important when evaluating all of your options. You will also want to be sure the attorney has courtroom experience should your case be litigated and proceed to trial.

Make sure the attorney you consider hiring has a clear understanding of the charges you face, as well as the resources to investigate and prepare your defense. It’s important to determine the attorney’s professional acumen and track record in cases like yours: How many similar cases has he or she defended? How many of those cases have had favorable outcomes?

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Probation in New Jersey requires certain conditions including the possibility of wearing a monitoring device; transmitter being attached to man's ankleIn New Jersey, probation is a court-ordered period of supervision imposed as an alternative to incarceration, allowing an individual convicted of a criminal offense to remain in the community under specific conditions rather than serving time in jail. The intention is to foster positive behavioral changes while ensuring the offender’s accountability for the conduct.

Not all crimes, however, are eligible for probation. Many criminal offenses subject offenders to mandatory periods of incarceration. Additionally, probation may be denied if the offender has prior convictions, or if they have a record of previous violations of probation.

The Rules of Probation in New Jersey

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Juvenile Justice Building -- How juvenile courts differ from criminal courtsRecognizing that young minds are still developing and learning, our justice system allows for juvenile offenders to be treated differently from adult offenders to give minors a second chance and make better choices going forward.

Although juvenile and criminal courts both seek to hold offenders accountable for their actions, there are several differences in their approach. Perhaps the most significant is that criminal court focuses on punishment while juvenile court focuses on rehabilitative opportunities. The proceedings themselves and even the terminology used in the two courts differ as well:

  • Adults commit crimes; juveniles commit delinquent acts.
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What-to-do-if-accused-of-a-crime-300x200When you are accused of a crime, guilty or not, how you react initially matters. Resisting law enforcement, claiming your innocence, attempting to direct suspicion elsewhere can all work against you in the end. Although it is a stressful situation, remain as calm as possible and adhere to the following:

  • Do consult a criminal defense lawyer as soon as possible. Your lawyer can explain your rights to you, advise you on how to cooperate with the police, help collect evidence and identify witnesses related to your case, and build a defense on your behalf.
  • Do not resist arrest. Regardless of your guilt or innocence, resisting arrest is a crime and can only make matters worse. What’s more, the act of resistance can result in injuries to yourself or the arresting officers.
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Former-Prosecutor-As-Criminal-Defense-Lawyer-300x200It is the prosecutor’s job to build cases with sufficient evidence to show probable cause that a crime has been committed and that the defendant is responsible for the crime as charged. To do this, he or she must be familiar with law enforcement techniques in criminal investigation, understand how to gather and present evidence, and know how to interview and prepare witnesses. A prosecutor must also possess a strong understanding of what evidence is necessary to prove the case beyond a reasonable doubt at trial.  A prosecutor also knows what would constitute a fair plea offer recommendation and disposition.

This unique perspective gives former prosecutors a distinct advantage as defense attorneys. The experience they acquired as prosecutors helps them to craft tailored defenses to address the nuances of your individual case. Because they had been in the position before, they can often anticipate what the prosecution might do before they even do it, keeping them one step ahead in planning your defense.

In our criminal justice system, the prosecution must prove the case beyond a reasonable doubt. First-hand knowledge of how the prosecution presents its case can help defense counsel establish reasonable doubt.

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This month, the final installment of our three-part series on The Criminal Process explores The Trial, The Verdict, Sentencing, and The Appeal.

The Criminal Process Part 3 - The Trial, defendant dressed in orange prison jumpsuit appears before judge in court for his trial by jury.The Trial

Our laws entitle anyone accused of a crime to the right to a fair and speedy trial by a jury of their peers. This jury is selected randomly from a pool of potential jurors compiled through voter registration records. Selection is made through a process known as voir dire, during which the court, defense, and prosecuting counsel question each potential juror to determine whether they can be fair and impartial.  Attorneys have the right to excuse or move to challenge potential jurors until a panel of at least 12, plus alternates, is chosen. The goal is to choose a jury that represents an accurate cross-section of the community, including people from a variety of different backgrounds.

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This month, Part 2 of our three-part series on the Criminal Process explores The Grand Jury, The Arraignment, and Pre-Trial Proceedings and Motions.

Images of Lady Justice, a gavel and law book representing the criminal defense processThe Grand Jury

Grand jury proceedings are held in private with the jury acting independent of the court.  During these proceedings, the grand jury is responsible for evaluating the evidence to determine if there is probable cause, meaning they feel there is sufficient reason to believe the suspect has committed a crime.

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The criminal process is a complex, multi-step process designed to find justice while protecting the rights of both the accused and the victims. Over the next few months, Kearns Rotolo Law will present a three-part series explaining the various steps involved in this process. This month in Part 1 we explore the arrest, the charges, and the detention hearing.

The Criminal Process Part 1

The Criminal Process - Part 1: The Arrest; suspect with hands behind his back being handcuffedThe Arrest

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Preparing for an initial criminal defense attorney consult pictured two people meeting across table with gavel and scales of justice in foregroundFacing criminal charges is a serious matter and one you shouldn’t face alone. It is vital that you do not discuss any of the facts of your case with anyone other than your attorney. Remember you have the right to remain silent. It is in your best interest to remain silent.

Finding the right attorney to defend you against these charges is the first step in ensuring your rights are protected. But what if this is the first time you are confronted with this predicament? How should you prepare for your initial consultation with a criminal defense attorney?

The first step is to do your homework. Research criminal defense attorneys in your area, paying special attention to their credentials, years of experience, areas of practice, and reviews from past clients. Once you have found an attorney you believe can help your case, call for a consultation. Before you go, be prepared.

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