CRIMINAL DEFENSE IN CAMDEN COUNTY NEW JERSEY
MURDER - POSSESSION AND DISTRIBUTION OF CDS (DRUGS: Heroin, Cocaine, Marijuana) - SEXUAL ASSAULT OR CONTACT - ENDANGERING WELFARE OF CHILDREN - AGGRAVATED ASSAULT - FIREARM POSSESSION (Handguns, Assault Rifles, Certain Person Not to Possess Firearm) - ALL MAJOR CRIMES
Being charged with a criminal offense in New Jersey is a serious matter. New Jersey has some of the toughest criminal laws in the country. Federal laws are even tougher. If you are contacted by any member or law enforcement, you have the constitutional right to remain silent and to speak to an attorney before answering any questions. In addition to these rights a person may stop answering questions at any time and ask for an attorney. Your choice to refuse to answer questions cannot be used against you. Don’t make a decision you’ll regret, always have an attorney present during questioning.
What is the difference between "crimes" and "disorderly persons" offenses in New Jersey?
In New Jersey, offenses are divided into those two main categories: Crimes and Disorderly Persons Offenses. Crimes are "indictable" offenses which must be presented to the Grand Jury for a formal charge. Crimes are divided into four degrees. First degree crimes carry 10 to 20 years in State Prison. Second degree crimes carry 5 to 10 years in State Prison. Third degree crimes carry 3-5 years in State Prison. Fourth degree crimes carry up to 18 months in State Prison. Disorderly persons offenses do not have to be presented to a Grand Jury to proceed to trial. Disorderly persons offenses are punishable by up to 6 months in the County Jail. Petty disorderly persons offenses are punishable by up to 30 days in the County Jail.
MURDER - POSSESSION AND DISTRIBUTION OF CDS (DRUGS: Heroin, Cocaine, Marijuana) - SEXUAL ASSAULT OR CONTACT - ENDANGERING WELFARE OF CHILDREN - AGGRAVATED ASSAULT - FIREARM POSSESSION (Handguns, Assault Rifles, Certain Person Not to Possess Firearm) - ALL MAJOR CRIMES
Being charged with a criminal offense in New Jersey is a serious matter. New Jersey has some of the toughest criminal laws in the country. Federal laws are even tougher. If you are contacted by any member or law enforcement, you have the constitutional right to remain silent and to speak to an attorney before answering any questions. In addition to these rights a person may stop answering questions at any time and ask for an attorney. Your choice to refuse to answer questions cannot be used against you. Don’t make a decision you’ll regret, always have an attorney present during questioning.
What is the difference between "crimes" and "disorderly persons" offenses in New Jersey?
In New Jersey, offenses are divided into those two main categories: Crimes and Disorderly Persons Offenses. Crimes are "indictable" offenses which must be presented to the Grand Jury for a formal charge. Crimes are divided into four degrees. First degree crimes carry 10 to 20 years in State Prison. Second degree crimes carry 5 to 10 years in State Prison. Third degree crimes carry 3-5 years in State Prison. Fourth degree crimes carry up to 18 months in State Prison. Disorderly persons offenses do not have to be presented to a Grand Jury to proceed to trial. Disorderly persons offenses are punishable by up to 6 months in the County Jail. Petty disorderly persons offenses are punishable by up to 30 days in the County Jail.
MIRANDA WARNINGS: YOU HAVE THE RIGHT TO REMAIN SILENT, SO SHUT THE F*** UP!
What is "The Exclusionary Rule"?
The exclusionary rule is a remedy created by our justice system which results in the suppression from the State' The rule is designed to deter unlawful police conduct. This assures that each citizen has the right to be free from unreasonable invasions of privacy. It is also designed, to a lesser extent, to protect the integrity of the judicial process from the effects of unlawful government conduct.
Do I ever have to give my consent for a search of my home or my automobile?
You never are required to consent to a search by the police. Although you may sometimes be threatened by the thought of being detained by the police until a search warrant is procured, you have the absolute right not to give consent. This does not mean that you can physically stop the police from effectuating an otherwise lawful search, such as with a search warrant, or where they have probable cause to search and exigent circumstances exits, or where the search is incident to a valid arrest.
Do the police have to advise me that I have the right to refuse to consent to a search?
Under Federal Law, no. But under the case laws of the State of New Jersey, the police are required to advise you that you have the right to refuse to give consent to search. The failure to advise you of such a right, and a subsequent consent, could be held to be an unlawful search and seizure in New Jersey.
What happens if I confessed to a crime or offense after an illegal search and seizure?
Under Wong Sun v. United States, the "fruits of the poisonous tree" are excludable. This means that any evidence obtained (even a confession) which results from the unlawful search and seizure of evidence (or an unlawful detention of a suspect) can be suppressed at trial.
If the police knock on my door and ask to come in, do I have to let them in?
Again, only if they have a warrant. If they don't have a warrant, you have the right to say "No", and close the door. In fact, you are not required to even answer the door when they knock.
What is meant by "probable cause"?
The probable cause rule requires that the police not make an arrest or search unless the information they possess indicates that it is more probable than not that a particular person has committed a crime or that particularly described evidence will be found in the place sought to be searched.
What is "The Exclusionary Rule"?
The exclusionary rule is a remedy created by our justice system which results in the suppression from the State' The rule is designed to deter unlawful police conduct. This assures that each citizen has the right to be free from unreasonable invasions of privacy. It is also designed, to a lesser extent, to protect the integrity of the judicial process from the effects of unlawful government conduct.
Do I ever have to give my consent for a search of my home or my automobile?
You never are required to consent to a search by the police. Although you may sometimes be threatened by the thought of being detained by the police until a search warrant is procured, you have the absolute right not to give consent. This does not mean that you can physically stop the police from effectuating an otherwise lawful search, such as with a search warrant, or where they have probable cause to search and exigent circumstances exits, or where the search is incident to a valid arrest.
Do the police have to advise me that I have the right to refuse to consent to a search?
Under Federal Law, no. But under the case laws of the State of New Jersey, the police are required to advise you that you have the right to refuse to give consent to search. The failure to advise you of such a right, and a subsequent consent, could be held to be an unlawful search and seizure in New Jersey.
What happens if I confessed to a crime or offense after an illegal search and seizure?
Under Wong Sun v. United States, the "fruits of the poisonous tree" are excludable. This means that any evidence obtained (even a confession) which results from the unlawful search and seizure of evidence (or an unlawful detention of a suspect) can be suppressed at trial.
If the police knock on my door and ask to come in, do I have to let them in?
Again, only if they have a warrant. If they don't have a warrant, you have the right to say "No", and close the door. In fact, you are not required to even answer the door when they knock.
What is meant by "probable cause"?
The probable cause rule requires that the police not make an arrest or search unless the information they possess indicates that it is more probable than not that a particular person has committed a crime or that particularly described evidence will be found in the place sought to be searched.
POLYGRAPHS.
Are the results of a polygraph exam admissible in court?
Generally, the results of a polygraph examination are not admissible in evidence under the current rules of evidence. However, if both parties stipulate (agree) that the results of the polygraph examination are admissible, then the judge may allow that evidence to be heard by the jury.
What if the police ask me to take a polygraph examination? What should I do?
Don't take the examination. It is this writer's opinion that the prosecutors and the police use the polygraph examination as a tool in their investigation. If your answers show any sign of fluctuation in the needles, they assume that you are deceptive or lying in your responses (even if you could be telling the truth). They will then confront you with your "deceptiveness" and attempt to get you to "come clean" with them. You should not fall in to this trap.
If I refuse to take a polygraph, won't they think I'm guilty?
So what? Your refusal to take a polygraph can never be used against you in court. Although prosecutors and police are supposed to seek out the truth, it sometimes doesn't work that way. They are accusatory agencies, and as such, will attempt to prove that you are guilty by obtaining a confession. You are presumed innocent of any charges, and whether the police believe you or not is of no consequence. The truth should come out in court before a jury of your peers. ALWAYS refuse to take the polygraph examination, and ALWAYS insist on having a lawyer present before answering any more questions.
Can I have a polygraph examination performed by someone of my own choosing?
Absolutely. You may have a qualified polygraphist that YOU choose to give you the examination If your answers are deemed truthful, you can present this information to the prosecutor in the hopes of having the investigation stopped or redirected, or having charges dropped against you.
Are the results of a polygraph exam admissible in court?
Generally, the results of a polygraph examination are not admissible in evidence under the current rules of evidence. However, if both parties stipulate (agree) that the results of the polygraph examination are admissible, then the judge may allow that evidence to be heard by the jury.
What if the police ask me to take a polygraph examination? What should I do?
Don't take the examination. It is this writer's opinion that the prosecutors and the police use the polygraph examination as a tool in their investigation. If your answers show any sign of fluctuation in the needles, they assume that you are deceptive or lying in your responses (even if you could be telling the truth). They will then confront you with your "deceptiveness" and attempt to get you to "come clean" with them. You should not fall in to this trap.
If I refuse to take a polygraph, won't they think I'm guilty?
So what? Your refusal to take a polygraph can never be used against you in court. Although prosecutors and police are supposed to seek out the truth, it sometimes doesn't work that way. They are accusatory agencies, and as such, will attempt to prove that you are guilty by obtaining a confession. You are presumed innocent of any charges, and whether the police believe you or not is of no consequence. The truth should come out in court before a jury of your peers. ALWAYS refuse to take the polygraph examination, and ALWAYS insist on having a lawyer present before answering any more questions.
Can I have a polygraph examination performed by someone of my own choosing?
Absolutely. You may have a qualified polygraphist that YOU choose to give you the examination If your answers are deemed truthful, you can present this information to the prosecutor in the hopes of having the investigation stopped or redirected, or having charges dropped against you.
