It is never too late to seek remedy for excessive sentencing
10/23/2024 Two days after an appellate court wrote that his case had “slipped through the proverbial cracks for nearly 30 years,” 58-year-old Mark Sette was released from prison, where he had been serving a life sentence for a 1988 murder in Plainfield.The appellate court had said:“On direct appeal, we a...
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First convection under the new police accountability law
10/03/2024 According to the report by USA Today, Francine Martinez is the first former Colorado officer to be convicted by a jury for failing to intervene when another officer choked a man and beat him with a gun during an arrest in 2021.Martinez was fired after an internal investigation found she violated sev...
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What is an Indictment in New Jersey?
08/27/2024 An indictment in New Jersey is a formal accusation that a person has committed a crime, typically a serious offense such as a felony. The indictment process is a key part of the criminal justice system, ensuring that there is enough evidence to bring someone to trial.Here’s how the indictment proc...
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Should You Accept a Plea Bargain?
07/16/2024 A plea bargain is an agreement, between the defendant in a criminal case and the prosecutor, to resolve the case before it reaches trial. Usually, the defendant agrees to plead guilty in exchange for a lesser charge, a more lenient sentence, or dismissal of certain charges. Usually, prosecutors and...
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What Types of Criminal Charges Are You Facing in New Jersey?
07/08/2024 Joel Silberman, the criminal defense lawyer at The Law Offices of Joel Silberman, LLC, will fight for you.Secure your compensation today!Call us +1 201-420-1913 Now! Visit our website https://www.joelsilbermanlaw.com/...
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Sentencing Consequences in a Drug Offense in New Jersey?
05/22/2024 In New Jersey, sentencing consequences for drug offenses can vary depending on the specific circumstances of the case, including the type and quantity of drugs involved, the defendant’s criminal history, and other factors. However, New Jersey has enacted certain sentencing guidelines and laws that...
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When your rights are violated
03/22/2024 If you believe your rights were violated, you have to take the necessary steps immediately to get justice.Miranda warning and your right to remain silent and have a lawyerIf you were arrested by the police without having your rights read to you or interrogated without a Miranda warning, your legal r...
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Cocaine and Other Drug Offenses
02/19/2024 Every guilty person must be punished, and every innocent person must not be condemned.In 1895, the U.S. Supreme Court stated, “it is better to let the crime of a guilty person go unpunished than to condemn the innocent.” While the criminal justice system must ensure that the guilty are punished...
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Innocent Unless and Until Proven Guilty
02/09/2024 A defendant is presumed innocent unless and until proven guilty. So, you have right to defend yourself and prove your innocence if a criminal charge is brought against you. Having said that, take the charge seriously. You need to prove it to law officers and/or court.Criminal charges are serious, it...
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Understanding DWI/DUI Refusal Laws in New Jersey
01/25/2024 Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious offense in every state, and New Jersey is no exception. In addition to the standard penalties for DWI/DUI, New Jersey has strict laws regarding breathalyzer test refusal. This article will provide an overview of DWI/DU...
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Joel Silberman: Your Choice for Murder and Manslaughter Defense in New Jersey
01/04/2024 The law of murder and manslaughter in the state of New Jersey is a complex and crucial aspect of the legal system. These offenses involve the unlawful taking of another person’s life and carry severe penalties. It is vital to understand the nuances of these laws, including potential defenses and w...
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Thank you Super Lawyers!
06/06/2023 For nearly two decades, Joel Silberman has dedicated his practice to criminal defense and civil rights litigation and has built a reputation for treating his clients’ fights as if they were his own.Mr. Silberman is respected both in and out of the courtroom. His clients, which have included profes...
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You have to fight for your freedom and justice
04/17/2023 When you are charged with a crime, it is not good enough to be innocent. You have to prove your innocence to ensure your freedom and the justice you deserve.Even if you are innocent, the evidence may be against you, and witnesses might implicate you for a crime you never committed. A genuine or deli...
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Aggravated Driving While Intoxicated
02/10/2023 Aggravated Driving While Intoxicated (DWI) is a category of DWI but has higher penalties, different plea-bargaining restrictions and is considered a more serious crime than a regular DWI. New York State enacted a new law in 2007 that created the Aggravated DWI charge.Aggravated DWI is a misdemeanor....
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When your rights are violated
01/30/2023 If you believe your rights were violated, you have to take the necessary steps immediately to get justice.Miranda warning and your right to remain silent and have a lawyerIf you were arrested by the police without having your rights read to you or interrogated without a Miranda warning, your legal r...
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Defend Traffic Tickets with the Help of a Traffic Ticket Lawyer
12/02/2022 Traffic tickets will result in hefty fines and may cause points to be lost on your driving record. If there are numerous traffic tickets on your driving record, then you may be subject to a suspension of driving privileges for a significant time.If you have been issued a traffic ticket, it may be di...
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Choosing the Right DWI Defense Attorney
08/31/2022 If you have been arrested or charged with a DWI, you may be facing serious consequences. Getting the help of a competent and experienced DWI defense attorney is in your best interest. However, choosing the right attorney can be challenging. The right attorney will play a major role in your case.Here...
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Refuting False Sexual Assault Charge
08/12/2022 Motives behind a false sexual assault chargeIt is not uncommon to see false sexual assault charges being made in ongoing divorce or child custody battles, failed or troubled relationships, with the intention of extorting money and blackmailing the accused for some personal gain. The charge could be...
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When police interrogators lie when questioning suspects
08/03/2022 If investigating officers have lied to you during interrogations, you may have a case to get your conviction overturned or reviewed.Laura Gonzalez’s conviction overturnedThe New Jersey Supreme Court on February 8, 2022, in State v. Laura Gonzalez (A-47-20) (085132), overturned the conviction of th...
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Miranda Rights: Right to remain silent and right to an attorney
06/24/2022 Decided on February 8, 2022, in State v. Laura Gonzalez (A-47-20) (085132), the court held that defendant Laura Gonzalez’s question about the attorney was an ambiguous invocation of her right to counsel. The judge overturned the conviction of the defendant, who was earlier found guilty of assaulti...
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When the charges are serious and you are likely to be convicted, you can accept a plea bargain.
04/29/2022 What is a plea deal?According to https://www.justice.gov/usao/justice-101/pleabargaining:When the Government has a strong case, the Government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a more lengthy sentence.A defendant may only plead guilty if they actua...
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A Dependable and Experienced Criminal Defense Attorney
04/08/2022 If you are accused, charged, or arrested for criminal charges in New Jersey, you will need an experienced and aggressive New Jersey criminal defense attorney. A criminal defense lawyer specializes in the defense of individuals, companies and entities charged with criminal conduct.The involvement of...
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When police interrogators lie when questioning suspects
03/21/2022 If investigating officers have lied to you during interrogations, you may have a case to get your conviction overturned or reviewed.Laura Gonzalez’s conviction overturnedThe New Jersey Supreme Court on February 8, 2022, in State v. Laura Gonzalez (A-47-20) (085132), overturned the conviction of th...
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The Top 6 Questions to Ask Your DUI Defense Attorney
02/17/2022 If someone has been charged with a DUI, consulting a good DUI defense attorney is the most important decision you can make. Most DUI defense attorneys offer a free initial consultation. Make sure you compile a list of questions to ask before you hire an attorney.Here are the top six questions to ask...
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Expunging Your Court Record
02/08/2022 In New Jersey, a person with a criminal record can ask the court to expunge or seal the record under the circumstances specified by law. It helps the person to in getting better employment, securing loans, or even a gun permit.An expungement is the removal, sealing, impounding, or isolation of all r...
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The New Jersey Domestic Violence Act
02/02/2022 Domestic violence is a serious crime against society, in which there are thousands of individuals in the United States who are regularly beaten, tortured, and in some cases even killed. It is therefore the intent of the Legislature to assure the victims of domestic violence receive maximum protectio...
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The Top 6 Questions to Ask Your DUI Defense Attorney
01/26/2022 If someone has been charged with a DUI, consulting a good DUI defense attorney is the most important decision you can make. Most DUI defense attorneys offer a free initial consultation. Make sure you compile a list of questions to ask before you hire an attorney.Here are the top six questions to ask...
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What Does a DUI Defense Attorney Do?
01/19/2022 A DUI (Driving Under the Influence) offense can result in serious penalties. It can involve hefty fines, loss of driving privileges and jail time. DUI law is very complicated, and the facts of every case are different. A person who doesn’t have any legal training or experience may not know the via...
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What To Do If You Are Falsely Accused of Domestic Violence
11/22/2021 Domestic violence is a serious crime, and false accusations can have serious consequences. It can affect every aspect of a person’s life, including his or her reputation. If you have been falsely accused of domestic violence, there are specific things to do to protect your freedom and reputation....
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How a Criminal Defense Attorney Can Help You
11/09/2021 Many people think that once you have been charged for a criminal offense, there is not much that a criminal defense attorney can do to reduce the sentence. However, hiring an experienced attorney could be in your best interest. Not only can an attorney get your sentence reduced and protect you from...
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Potential Defenses to Domestic Violence
10/04/2021 Domestic violence charges are very serious and its conviction can carry serious consequences. If you have been wrongly accused of committing an act of domestic violence, a strong domestic violence defense is essential in protecting your reputation and freedom. Here are some potential defenses to dom...
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Conviction of an alien unlawfully present in the United States for unlawful firearms possession
08/23/2021 In case of Rehaif who entered the United States on a student visa and later lost his immigration status, the Supreme Court held that the Government therefore must prove both that the defendant knew he possessed a firearm and also that he knew he belonged to the relevant category of persons barred fr...
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Domestic Violence Charges
08/10/2021 Domestic violence is defined as an action taken by one partner in a relationship to control or hurt the other. Family courts and criminal courts have concurrent rules over “family offenses” such as assault, sexual misconduct or abuse, stalking, menacing, and strangulation. Anyone performing thes...
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Criminal Justice Process
07/19/2021 In the USA, the criminal justice process varies from state to state unless the case is federal. There are several steps involved in the criminal justice process, beginning with a criminal investigation and ending with conviction or acquittal. This system involves a set of investigation agencies, sev...
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Discretions of a Criminal Lawyer
07/13/2021 Criminal Lawyers, also known as criminal defense lawyers, defend individuals, organizations and entities that have been charged with a crime. They are responsible for providing the defendant with legal advice, counsel and representation during a criminal trial. Many criminal defense lawyers become i...
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How to Avoid Getting a DWI or DUI
07/06/2021 DWI or DUI is a traffic offense in New Jersey. The consequences of a DWI or DUI can be life-changing. The simplest answer as to how to avoid a DWI or DUI is to avoid drinking or being intoxicated in any way when driving. There are many other behaviors that you should do before, during and after a DW...
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Reasons for Hiring a Criminal Defense Attorney
06/29/2021 There are many reasons why hiring a criminal defense attorney is beneficial for you. They understand the law better, have invested years of education in criminal justice and earned their experience in courtrooms. Regardless of whether they to help lower your penalties or avoid any other consequences...
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Penalty for a DUI Charge
10/14/2020 Like any other criminal charge, a person charged with driving under the influence (DUI) is presumed innocent until he/she is proven guilty. If you are found guilty, the penalty will depend on the state law, as well as on any other circumstances, e.g., if there was an open bottle of liquor in the car...
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When facing a criminal charge in New Jersey
02/06/2020 Proving that you aren’t guilty of a crime is extremely hard, even if you feel that you have not committed the crime. To prove that you aren’t guilty of a crime, you need to take time and do thorough research of your criminal case.Tips to prove that you are not guilty of a crimeCollect all the pa...
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New Jersey’s expungement process to be one of the most progressive in the nation
01/02/2020 Restore voting rights to residents on probation or parole, allowing them to fully participate in our democracyNew Jersey Governor Phil Murphy said after signing the new expungement law on Dec 18, 2019, “I am proud to sign one of the most progressive expungement laws in the nation, which will allow...
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Jersey City Wrongful Death Lawyer Joel Silberman
12/12/2019 Wrongful death of your loved one: You deserve a closure and financial compensationDealing with the loss of your loved ones can be one of the hardest times of your life. If your loved one’s death was caused by someone else’s negligence or wrongdoing, you deserve justice. You have the right to fil...
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How to Hire a Good Criminal Defense Lawyer in Jersey City, NJ?
12/03/2019 If you are arrested for committing criminal acts, then you may face serious charges which might require you to spend years in jail, pay hefty fines and register as criminal offender. Hiring a criminal defense lawyer can help you out of these charges or at least reduce the intensity of charges.If you...
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What Does a DUI Defense Attorney Do?
10/22/2019 A DUI (Driving Under the Influence) offense can result in serious penalties. It can involve hefty fines, loss of driving privileges and jail time. DUI law is very complicated, and the facts of every case are different. A person who doesn’t have any legal training or experience may not know the via...
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The Right to Evidence Disclosure in Criminal Discovery
10/10/2019 When a person is accused of criminal charges, the justice system has procedures and protocols in place that govern the way in which the accused is determined to be guilty or not guilty. In addition, there is a rule that makes the person who has been formally accused of a crime entitled to disclosure...
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