Month: September 2024

Although misdemeanors are not as serious of offenses as felonies, they can still be harshly penalized. If you wish to avoid going to jail for your misdemeanor conviction in New Jersey, work with an experienced Bergen County, New Jersey criminal defense lawyer for legal advice and representation. What is a Misdemeanor? There are six classes of crimes that you can face in New Jersey. Individuals arrested for a crime in NJ can be charged with a: First-degree indictable crime Second-degree indictable crime Third-degree indictable crime Fourth-degree indictable crime Disorderly person offense Petty disorderly person offense Note that the words felony and misdemeanor are not used here. While most states adopt these terms in classifying crimes, NJ opts to use the above classification. Indictable crimes are comparable to felonies while disorderly person offenses are akin to misdemeanors. Indictable crimes are serious offenses and include crimes like murder, aggravated assault, credit card fraud, and manslaughter. Disorderly person offenses can be serious too but they are not quite as severe and result in less harsh punishments. Examples of disorderly offenses include simple assault, shoplifting, harassment, and resisting arrest. The penalties for indictable crimes and disorderly person offenses vary since indictable crimes are more […]

When a judge and jury make their decision regarding a criminal case most people assume that is the end of the road. However, under certain circumstances, individuals are able to appeal their criminal conviction. If you feel that you were wrongfully convicted or too harshly penalized reach out to an experienced Bergen County, New Jersey criminal defense attorney to discuss your case and options to appeal. What is an Appeal? An appeal is simply a request that an individual can submit to a higher court to review or overturn a court’s ruling. While a court’s decision is generally upheld, in certain scenarios the outcome of the case may have been biased or unfair. In these situations, the convicted individual can petition for an appeal and hope for a new decision to be made. When Can I Appeal My Criminal Conviction? Whether or not your case is eligible to be appealed depends on a variety of factors. First, how your verdict came about plays a role in determining whether or not you can appeal. For example, if you pled guilty you will not be given an automatic right to appeal the conviction though you may still be able to. However, all […]

During a drug trial or any other criminal case, the defendant has several rights that must be enforced. Whether the case involves a drug crime or some other offense, these rights allow them to receive a fair trial. Criminal cases can be complex so work with a Bergen County, New Jersey drug crime lawyer and read on to learn about the rights afforded to criminal defendants. 1. Presumption of Innocence Arguably the most important right a defendant in a drug or criminal trial has is the presumption of innocence. Under this law, all criminal defendants are considered innocent until proven guilty. This means that the prosecution has to provide enough evidence to convince a jury beyond a reasonable doubt that the defendant committed the crime. If they fail to do so they will be declared not guilty. 2. The Right to an Attorney The Sixth Amendment of the Constitution provides criminal defendants with the right to adequate legal counsel. This means they must be provided with an attorney who is trained and authorized to practice law. If the defendant cannot afford a lawyer they can be appointed one. It is important that the defendant has the opportunity to be represented […]

Many factors impact the outcome of a criminal case, one of which being prior convictions. If you have a criminal history it can be detrimental to your current drug charges. Work with a Bergen County, New Jersey drug crime lawyer to learn more about your legal rights and options. What Drug Crimes Exist in NJ? In New Jersey, an individual can be charged with a variety of drug crimes. These crimes generally fall into the following categories. Possession Sale, trafficking, or distribution Possession with intent to distribute Manufacturing or producing Any of the above related to controlled substances regulated by the government is considered a crime in the state of New Jersey. Controlled substances include any drug in the Schedule I to Schedule V categories. Illicit drugs that can result in criminal charges can include cocaine, methamphetamine, heroin, LSD, and more. Possession of any controlled dangerous substance in NJ will result in a prison sentence of 3 to 5 years and fines of up to $35,000 for a first offense. Second and subsequent offenses will see exacerbated penalties. How Does Criminal History Affect My Current Drug Charges? Having a criminal history affects new charges in a variety of ways. The […]