We hear about crimes, trials, and arrests in the news all the time, but we rarely picture ourselves at the center of these stories. When people unfortunately find themselves caught up in a criminal case, they are often frightened and overwhelmed. You might feel like the authorities have your back against the wall, but a lawyer can help you mount an effective defense.
If you have been arrested or believe the police are conducting a criminal investigation around you, call a criminal defense lawyer as soon as possible. Many wait until after they have been taken into custody and answered police questioning to call a lawyer, but your attorney can begin helping you even before this. They can determine what charges you are probably facing, how to secure pretrial release or bail, and the most effective methods for your defense. If prosecutors offer you a plea deal, your lawyer can review it with you and advise you on whether it is a good deal or not. Your lawyer can stick by your side and continue to help even if you are convicted and facing sentencing.
Get a free, confidential case assessment from our criminal defense attorneys with the Law Offices of John J. Zarych by calling (609) 616-4956.
When You Should Call a Criminal Defense Lawyer for Your Case in Hamilton, New Jersey
When dealing with possible criminal charges, you might not know where to begin. Have the police contacted you regarding a criminal investigation? Maybe you have already been arrested or believe an arrest is on the horizon. The best thing you can do is contact an experienced criminal defense lawyer as soon as possible. The sooner, the better.
You are probably familiar with the idea of criminal defendants contacting attorneys after the police take them into custody. This is a pretty normal practice, and the police should allow you to contact a lawyer if you want one. If you are arrested for an alleged crime, it is important to contact a lawyer before the authorities begin to question you about the offense. Custodial interrogation is designed to allow the police to get incriminating information they can use to support criminal charges. Do not go through this process alone. Your Miranda rights – which law enforcement officials must tell you about – include your right to have a lawyer with you during questioning. Our criminal defense lawyer can stay by your side and advise you on answering questions. If necessary, you might want to invoke your right to remain silent and refuse to answer any questions.
Although it might sound like jumping the gun, it is a good idea to contact an attorney before you are arrested. While some people are taken by surprise when they are taken into custody, many others see it coming. Perhaps the police have approached people in your community about you, and they tipped you off. Maybe you had some prior contact with the police and suspected an arrest is forthcoming. Call an attorney. Explain what is going on. The sooner you do, the sooner they can prepare for your arrest and make sure the whole process is as quick and painless as possible.
Possible Criminal Charges and Penalties in Hamilton, New Jersey
Criminal charges are not one-size-fits-all. They will vary depending on the severity of the alleged offense and factors like the defendant’s criminal intent. Unlike other states, New Jersey does not refer to criminal charges as felonies or misdemeanors. Instead, they use the terms “disorderly persons offenses” and “indictable crimes.”
Petty Disorderly Persons Offenses
Perhaps the lowest and least severe of possible criminal charges are petty disorderly persons offenses. In other jurisdictions, offenses like these might be called summary offenses. Often, these offenses are met with tickets and fines rather than arrests and a trial. However, jail time is still possible, albeit in less typical cases. A person charged with a petty disorderly persons offense might spend as long as 30 days behind bars.
Disorderly Persons Offenses
A disorderly persons offense is sort of like a misdemeanor in other states. While it is a serious charge that may come with unpleasant consequences, it is not the most serious offense on the books. According to N.J.S.A. § 2C:43-8, a defendant convicted of a disorderly persons offense may face steep fines and a possible jail term of no longer than 6 months. This might seem like no big deal, but people facing multiple disorderly persons offenses might be sentenced to a long time in jail, and the fines might be far more than you can afford.
Indictable Crimes
The more serious criminal charges are called indictable crimes or, more simply, crimes. Unlike other types of charges, crimes are divided into 4 general subcategories of offenses, and each is punished differently.
According to § 2C:43-6, a fourth-degree crime may be punished with a prison term of up to 18 months. For those convicted of a third-degree indictable crime, a prison sentence of at least 3 years but no longer than 5 years may be imposed. If you are found guilty of a second-degree crime, you face no less than 5 years and no more than 10 years in prison. Finally, a first-degree crime, which is arguably among the most severe criminal charges, may be punished with a prison term of at least 10 years and up to 20 years.
Securing Bail After Being Arrested for a Criminal Offense in Hamilton, New Jersey
The bail hearing is one of the most critical stages of a criminal case. You have a constitutional right to a bail hearing, and bail reform laws in recent years have made bail more affordable. Many defendants do not have to pay any money to secure pretrial release.
According to N.J.S.A. § 2A:162-17(a), courts must release defendants on personal recognizance (i.e., without cash bail) if doing so will ensure the defendant’s appearance in court. Judges must consider the circumstances of the alleged offense, risk assessments provided by the Pretrial Services Program, and any details provided by the prosecutor and defendant. Suppose the court determines that releasing the defendant on personal recognizance is insufficient to ensure their appearance in court or protect the community’s safety. In that case, certain terms and conditions may be applied.
For example, under subsection (b) of this law, the court may require the defendant to avoid contact with the alleged victim and witnesses, maintain employment, commence educational programs, avoid traveling outside the state, and various other restrictions. In some cases, cash bail may be enforced.
Some crimes require cash bail as a matter of law. Severe offenses such as murder, kidnapping, sexual assault, carjacking, robbery, and other serious and violent offenses come with bail restrictions that often require cash bail if pretrial release is granted. According to § 2A:162-12(b), defendants charged with crimes with bail restrictions must pay in full cash, a surety bond, or a bail bond secured by real property.
Defense Strategies to Discuss with Your Criminal Defense Lawyer in Hamilton, New Jersey
Every case is unique and requires an individually tailored defense strategy. Numerous strategies might be worth considering, and you should discuss the details of your case with your lawyer to figure out the best way forward.
Sufficiency of the Evidence
Prosecutors must meet their burden of proof to secure a conviction. In criminal trials, the burden of proof is “proof beyond a reasonable doubt.” This is an incredibly high bar, and prosecutors need very strong evidence to meet it. The law requires prosecutors to provide us with their evidence ahead of time. If our criminal defense lawyers believe that prosecutors do not have enough evidence to meet their burden of proof, we can file a motion to dismiss the case for insufficient evidence. To have the case dismissed this way, prosecutors usually must have a serious lack of evidence, and it should be clear that meeting the burden of proof is just not possible.
Fourth Amendment Violations
Another strategy is to examine how the police seized certain pieces of evidence. Much evidence often comes from searches and seizures conducted by law enforcement. When conducting a search and taking evidence from your private property, the police must have a valid warrant or claim an exception to the warrant requirement. If you believe there was no warrant or the exception claimed by police was invalid, tell your lawyer immediately. Illegally seized evidence may be excluded from the case and not used against you. If key pieces of evidence are excluded, the case against you might become weak and hard to prove.
Alibis
Arguably, the holy grail of defense strategies is the alibi. Maybe the police have it all wrong and arrested the wrong person. If you have an alibi that shows you could not have committed the alleged offense, inform your lawyer immediately. Once the authorities realize they have the wrong person, they will likely release you quickly. If the authorities refuse to accept your alibi for some reason, your attorney can help you bring the matter to a judge who might dismiss the case.
Plea Agreements in Hamilton, New Jersey Criminal Cases
Although it might sound backward, one defense strategy worth exploring might be pleading guilty. Prosecutors often offer plea deals or plea agreements to defendants. Generally, the prosecutor agrees to drop some of the charges or argue for more lenient penalties in exchange for a guilty plea from the defendant. There is no trial, and the defendant would move directly to the sentencing phase after the court accepts the plea.
Whether a plea agreement is a good idea or a bad one is up to you. Some defendants are eager to accept a plea deal. The charges might be severe, the evidence overwhelming, and a plea deal might be the only way to minimize the penalties. Others are more resistant to plea agreements. Defendants who truly believe they did nothing wrong or still have a chance of succeeding at trial might refuse to accept a plea agreement. Ultimately, it is up to you whether to take a plea deal.
What to Do if You Are Found Guilty in a Hamilton, New Jersey Criminal Case
When preparing your defense, we must be ready for the possibility of a conviction. This might be an uncomfortable topic to broach, but you must talk to your lawyer about what happens in the event you are found guilty of the charges. In such an event, your lawyer can help you file an appeal.
A direct appeal to challenge the conviction on the grounds of a legal error must be submitted relatively quickly. According to N.J. Court Rules § 2:4-1(a), a direct appeal must be filed within 45 days of the date the judgment is entered. A direct appeal often involves legal errors that the defendant believes lead to an unfair conviction. For example, we might believe that the judge provided inappropriate jury instructions or allowed unlawful evidence to be entered into the record.
The New Jersey Superior Court will review the record from the trial court and determine if a legal error did indeed occur. The court will not hear new arguments or consider new evidence, and it will only review the trial record of the lower court. Additionally, only issues preserved for appeal (e.g., we objected to them during the trial) may be raised on appeal. If the court agrees that a legal error occurred and caused an unfair outcome, they may order a new trial, and we might get a second chance to fight the charges.
Another possibility is to file an indirect appeal under the Post-Conviction Relief Act (PCRA). This is an indirect appeal that may be filed under more limited circumstances. According to § 7:10-2(c), grounds for an appeal under the PCRA include a denial of your constitutional rights during your original trial, the trial court’s lack of jurisdiction, excessive or unlawful sentencing, and habeas corpus grounds.
Contact Our Hamilton, New Jersey Criminal Defense Lawyers for Help as Soon as Possible
Get a free, private case review from our criminal defense lawyers with the Law Offices of John J. Zarych by calling (609) 616-4956.
