Category: Criminal Law

While one might search for Mercer County criminal lawyers after an arrest, there is another reason they will want an attorney: resisting arrest. Those who resist their arrest can be found guilty of another crime that will be compounded with the initial punishment. If someone intentionally prevents or attempts to prevent a police officer from effecting an arrest, they will be guilty of a disorderly person’s offense. However, it is possible for individuals charged with this misdemeanor to prove their innocence and evade charges. Here is what steps you should take if you are ever charged with resisting arrest.

Seek Help From a Legal Professional

It is vital to seek legal help as soon as you can to seek protection. Reach out to a law firm to help you navigate the confusing legal world. A skilled attorney can help inform you of your constitutional rights, defend you in the courtroom, and provide other beneficial services.

Provide a Detailed Account of the Arrest

One of the important actions you can take to help your attorney during a charge pertaining to resisting arrest is providing as much information about the incident as possible. The prosecutor in charge of the case must prove in court that the defendant attempted to resist arrest. Telling your defense attorney about the details of the incident as thoroughly as possible can help them disprove the prosecution’s claims, so try to recall as much as you possibly can about the arrest. Here are specific details you should try to recall:

• Whether or not the police announced their intention to arrest you. If the officer did not, then you would not have known, as demonstrated in State v. Kane. Those who did not know they were under arrest can evade a disorderly person’s arrest charge.
• If you knowingly knew the purpose of the arrest and chose to resist, then the prosecution can make a case. Otherwise, your attorney can make a case for you.
• Sometimes, the defendant might unintentionally resist arrest due to factors such as fear or pain causing them to stiffen or shake. In these circumstances, the defense can argue the resistance was not intentional and thus not intended.
• Keep track of everything the arresting officers did during your arrest. If they did something inappropriate or out of line, then their misconduct can serve as your defense.

Know What Will Not Help Your Attorney

While several key details can help in dropping the charge of resisting arrest, several factors will not. Below are some facets of the incident that can not be used in your defense.

• An unjust arrest does not eliminate a disorderly person’s offense. For instance, even if you can prove you legally purchased an item with a receipt when you were arrested for theft, resisting arrest is still a crime because the law discourages potential escalation in violence.
• If police use excessive force, it can be justified if it was necessary to subdue a defendant who resisted arrest.

If you need the assistance of DUI lawyers in Burlington, NJ, or other parts of The Garden State, contact The Law Offices of Zapicchi and Liller LLP today.

Have you found yourself accused of a crime you didn’t commit or in a situation where you ended up in jail but don’t quite understand why? Unfortunately, through misunderstandings or non-thorough investigations, bystanders and completely innocent individuals can end up wrongfully accused of a crime. Believe it or not, it happens more often than you might think, and the best way to be aware is to be prepared. As a result, we’ll review what you can expect and what you should know if charged with a crime in Burlington County, NJ, or the surrounding areas. 

After Being Charged, What Can I Expect? 

Once you have been charged, the next steps vary depending on the type of criminal complaint received. Whether you get a warrant or summons complaints is important, for each will have a different effect on the following circumstances. 

Typically, in cases of no criminal history or minimal criminal background, the police officer may file the summons’ complaint. Fortunately, this can mean you are free to go and are simply expected to report to the court on your noted date. At this time, you can anticipate more information from the judge, including your next court date, what your rights are, and what the charges are against you. 

On the other hand, if you find yourself in a situation where the complaint is filed as a warrant, you will not be immediately released. Rather, prepare to go to the county jail and be brought before the judge within the following one to two days, on average. At this time, bail will be determined. 

What Happens When You First Get Arrested? 

Before even being arrested by the police, know that it must be under probable cause. “Probable cause” is defined as reasonable conditions where you are being suspected of illegal activity. As a result, there may be “probable cause” to detain or arrest you. 

Once arrested, the booking process starts. Here’s what it should include: 

These steps are most fundamental to the process, but there are more that you may encounter. Most are paperwork-related, such as recording your name and the alleged crime from the start. Also, the arresting officer may check for any other warrants on your record. In essence, this helps determine what the next steps look like depending on whether it comes back clear or not. 

Additionally, a health screening may occur with other inmates and employees’ safety and health in mind. This can incorporate testing such as bloodwork or X-rays. Likewise, a DNA sample may be collected, but this is entirely situational. However, as of a 2013 Supreme Court decision, police officers are allowed to ask for a sample during this booking process. 

What Are My Rights?  

As a citizen or documented immigrant of the United States, you always have the right to an attorney. During your arrest, you should be Mirandized, where your rights are explained to you. This also includes the right not to speak without your lawyer present. 

In most circumstances, it is advisable to hire a criminal lawyer or DWI lawyer, depending on the crime in which you were accused. Ultimately, the Law Offices of Zapicchi & Liller LLP will represent you and your interests best in court while working towards the optimal outcome for your case. After all, our practice has over 20 years of combined experience, so we can be trusted to fight for you in a criminal law case based in Monmouth County, NJ. Contact us today for more information!

New Jersey is known for its strict gun laws. If you are accused of illegally possessing a gun or another weapon, it’s important to proceed carefully. Some of the penalties can be severe, so it’s a good idea to work with an attorney knowledgeable about criminal law in Monmouth County, NJ, and the surrounding areas.

Being detained for shoplifting in New Jersey is a stressful situation, and many people feel the need to take action immediately. However, if you’re accused of shoplifting in Monmouth County or the surrounding areas, it’s important to be careful about how you handle the situation.

A criminal charge is a serious offense, and not all lawyers have the experience and skills to get you out of jail. Choosing the best defense lawyer is critical to your acquittal or exoneration, but where do you start looking? Right here!

Area of Specialty

The right attorney should specialize in criminal law. Check the law firm’s website to determine the kind of services the lawyer you intend to hire offers. An attorney who is regularly involved in criminal law understands the legal system and has vast experience handling similar cases.

Choose Someone Experienced in Local Courts

In addition to the specialty area, you should also hire an attorney who has vast experience working with the local courts. Such an attorney has built reliable local connections and relationships that can help you fight a criminal charge. Having insights into how the court operates can help you create a bulletproof defense strategy.

Check Customer Reviews

You can gain important insights about an attorney by checking client reviews available on the internet. Ensure you are using only reputable sources such as the websites of state bar associations. Also, check whether the lawyer is licensed and if they have any formal discipline issues on their record. Websites like Facebook don’t allow lawyers to remove bad reviews, which can be an ideal starting point.

Need Help with a Criminal Case?

If you are looking for experienced criminal lawyers in Hamilton Township, NJ, contact the Law Offices of Zapicchi & Liller LLP. We strongly believe that the legal system should work for the people, and our criminal law legal teams are committed to standing up for your rights no matter what charges you’re facing. We’ll fight for you — and win!

Typically, burglary does not involve violence, but robbery does. According to New Jersey law, if you use threat or force to steal from someone else, it’s considered robbery. Burglary is theft without violence. If you face burglary or robbery charges, we have the best team of criminal lawyers in Hamilton Township, NJ.

Being accused of a robbery in New Jersey is a serious matter. You’re facing severe penalties if you’re convicted. Because of this, it’s imperative that you have a criminal lawyer on your side to protect your rights.

In New Jersey, robbery is split into two degrees: first degree and second degree. Both of them come with the possibility of time in prison and fines, but first degree is a much more serious charge. Criminal law in New Jersey stipulates that a theft that occurs using violence or a threat of violence is robbery, and robbery in the second degree is the default charge for it unless there are extenuating circumstances.

When is Robbery in the Second Degree Increased to Robbery in the First Degree?

Robbery in the second degree increases to a first degree if there is a weapon involved or if there is a threat of using a weapon. It will also increase if there’s an attempted murder or if bodily injury is inflicted upon the victim.

What are the Penalties for Robbery?

Robbery in the second degree carries penalties of incarceration of 5 to 10 years, and robbery in the first degree carries penalties of incarceration of 10 to 20 years.

If there is a weapon used in the robbery, a state mandate requires that the person serve at least 3.5 years in prison. This typically applies to robbery in the first degree.

What Does the Prosecutor Need to Prove?

In order to launch a successful case for robbery, the prosecution has several points they need to prove. These include proving that:

• The defendant intended to commit the crime
• The defendant did commit or attempt to commit a theft
• The defendant used or threatened to use force during the robbery or while leaving the robbery

It’s imperative that anyone who’s facing a robbery charge contact one of our criminal lawyers in Hamilton Township, NJ, to explore defense options. These vary based on the circumstances of the charges, so be sure that you discuss the entire case with one of our attorneys to find out what options you have. Contact us now to learn more!

Possession with Intent to Distribute in New Jersey?

More often than not, simply getting caught with any type of drugs on your person, even recreational marijuana, can land you a drug possession with intent to distribute charge in New Jersey. How? Law enforcement officials may not have any solid evidence that you did, in fact, intend to distribute, but that won’t stop them from increasing the severity of the charges against you. 

While the ability to be armed is protected under the Second Amendment, it’s still important for New Jersey weapon owners to understand local laws that restrict weapon usage and accessibility. New Jersey is well-known for having some of the toughest weapon charges, so knowing the law and choosing an experienced lawyer to help you is essential in making it through the case without massive fines or jail time, or avoiding a weapons charge in the first place.