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White collar crime, depicted here by handcuffs over bundles of cash, are financially motivated offences that result in severe financial losses for individuals and businesses.Earlier this month, the American Bar Association held its 40th National Institute on White Collar Crime. This is the nation’s leading event for professionals in the enforcement and defense of white collar crimes. Among the highlights of this year’s event were discussions on healthcare fraud, digital currency-related crimes, and environmental crimes. But what exactly is white collar crime?

White collar crime is defined as financially motivated, non-violent crimes committed to gain an advantage or to avoid the loss of money or property. Common perpetrators include individuals entrusted with overseeing the funds of a business or organization.

The list of offenses that constitute white collar crime ranges from writing bad checks to committing cybercrimes, such as hacking or phishing schemes.

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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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Expungement seals or erases criminal records so they will not come up in request for criminal background checks.Having a criminal record can impact an offender’s life long after their case has concluded. A criminal record may affect one’s ability to gain employment, obtain housing, and hold certain professional certifications and licenses, among other things. In some instances, qualifying offenders can avoid this by having their criminal records expunged.

Expungement is a process by which individuals can petition to erase their convictions from their public criminal record. Once granted, the expungement will remove, seal, or isolate all information regarding an arrest, court proceedings related to that arrest, any criminal or juvenile conviction, and all outcomes of the case, including sentencing. Thereafter, any expunged information can be revealed only to law enforcement, and judiciary or corrections agencies. The offender has the right to tell others, including potential employers, that he or she has no criminal record.

Every state has its own expungement laws. In New Jersey, expungement petitions are decided by a judge in the Superior Court of the county in which the offender was arrested or convicted. For crimes committed outside of New Jersey, offenders would need to seek legal counsel in the state or county where they were convicted.

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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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