Categories
Criminal Law

Understanding the Penalties of a Forgery Charge in New Jersey

Is forging a signature a crime? Absolutely — and it can result in serious consequences. All states have their own forgery laws, and New Jersey is no exception. If you’re interested in learning more about the state’s penalties for forgery and why forging a signature is a crime, here’s what you need to know.

Categories
Criminal Law

Understanding Sexual Assault Charges in New Jersey

In New Jersey, sexual assault is a felony with varying consequences and fines depending on the nature of the offense. If you’ve been charged with sexual assault in New Jersey, it’s important to understand the situation you’re facing and what you can do to prepare. It’s also wise to get a hold of a criminal defense attorney in NJ that can give you the right legal advice to prepare for your case. Take advantage of the knowledge of The Law Offices of Zapicchi and Liller to help you understand what to do if you’re up against NJ’s sexual assault laws.

Categories
Criminal Law

Understanding Drug Charges in New Jersey

To deter individuals from using, creating, and distributing illegal substances, felony drug charges are a serious offense in New Jersey. However, there isn’t a single penalty for every drug offense. Many nuances that can alter the severity of a sentence for drug charges. Here’s a look at the NJ drug laws and penalties and the factors that influence them.

Categories
Criminal Law

What Happens If You Use an Illegal Gun to Defend Yourself in New Jersey?

In instances where a defendant proves they hurt someone out of self-preservation, they can plead for self-defense. However, what happens if the gun they used to defend themself was illegal? Many firearms are not permitted for civilian use and have been outlawed, meaning that those who are found to have used them can be severely punished. To understand this unusual legal puzzle, here is everything you need to know about using illegal guns in self-defense.

Categories
Criminal Law

What to Do if You’ve Been Charged With Resisting Arrest

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.

Categories
Criminal Law

What to Know if You’re Charged With a Crime in New Jersey as a First-Time Offender

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!

Categories
Criminal Law

The Difference Between Assault and Battery in New Jersey

Many people who have watched Law & Order or any other crime drama have heard of “assault and battery” charges but probably don’t understand what they mean. Just because you hear it on the television doesn’t necessarily mean that you have a comprehensive understanding of the criminal law itself. 

Categories
Criminal Law

A Brief Rundown of the Penalties for a Gun Charge in NJ

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.

Categories
Criminal Law

What to do if You’re Accused of Shoplifting in New Jersey

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.

Categories
Criminal Law

What You Should Be Looking for in a Criminal Defense Lawyer

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!