If a codefendant accepts a plea deal, pleads guilty, and implicates you, you might understandably be worried about what that means for your case and defense, which our lawyers can explain.
If your codefendant accepts a plea deal in this case, they are removed from the case. The prosecution will most likely continue pursuing charges against you, but might update them based on information provided by your codefendant. A codefendant accepting a plea deal doesn’t mean you have to do the same or that you will automatically be found guilty, even if they testify against you. Our lawyers will have the chance to cross-examine them and question their credibility on the stand in front of the jury.
Get a free case assessment from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
What Happens to Your Charges if Your Codefendant Accepts a Plea Deal?
If you are facing charges alongside a codefendant who accepts a plea deal before or during your trial, you need to know how their decision might affect your case and defense.
If a codefendant accepts a plea deal, nothing automatically happens to the charges filed against you. The prosecution might update them depending on new information, but will not drop the charges unless your codefendant’s confession exonerates you.
What Happens to the Prosecution’s Strategy if Your Codefendant Accepts a Plea Deal?
When a codefendant accepts a plea deal from the prosecution, they typically agree to provide incriminating evidence about the other codefendant, which might impact the prosecution’s strategy and approach when trying the case.
If a codefendant accepts a plea deal, the prosecution only has to prove guilt beyond a reasonable doubt for one person: the remaining codefendant, now the sole defendant.
Because of this, they might update witness lists, prioritize certain evidence, and even present a vastly different case to the jury than they would if both codefendants remained in the case the entire time.
Will You Be Found Guilty if Your Codefendant Accepts a Plea Deal?
While learning that a codefendant has accepted a plea deal can be extremely discouraging and anxiety-inducing, it doesn’t have to negatively affect your case or lead to your conviction.
The fact that a codefendant admitted to a crime or even implicated you in an offense is not sufficient evidence to prove that you committed a crime beyond a reasonable doubt.
The codefendant’s guilty plea and admission of guilt are their own and do not guarantee a conviction. However, it could significantly strengthen the prosecution’s case against you, depending on the information they provide as part of the deal.
Will Your Codefendant Testify Against You if They Accept a Plea Deal?
While your codefendant accepting a plea deal does not guarantee you will be found guilty or that you need to change your plea, it does likely mean your codefendant will give the prosecution evidence against you and has already agreed to testify.
Testifying against a codefendant is a common stipulation of plea deals offered by prosecutors. The prosecution may put your previous codefendant on the stand to describe what happened during the offense and testify against you. Depending on their credibility as a witness, a codefendant’s testimony could be very compelling for a jury.
What Happens if a Codefendant Testifies Against You as Part of Their Plea Deal?
While it can be daunting to know that a codefendant who has accepted a plea deal from the prosecution will testify against you in your criminal trial, it doesn’t guarantee a negative outcome for your case.
If a codefendant testifies against you as part of their plea deal, our lawyers will have an opportunity to question them during cross-examination. We can ask direct questions about the plea deal they accepted. We can show the jury that they have reason to lie because they are being given something for their testimony against you.
How Will You Know if Your Codefendant Accepts a Plea Deal?
You should learn whether your codefendant has accepted a plea deal as soon as possible so you can start preparing for how that decision might affect your case and how the prosecution tries it.
Our criminal defense lawyers can monitor court docket entries and updates and alert you if a codefendant exits the trial by accepting a plea deal and updating their plea to guilty. Without our lawyers to monitor changes that might affect your case, it might take you far too long to learn about a codefendant’s plea deal.
What Should You Do if Your Codefendant Accepts a Plea Deal?
Your response to a codefendant accepting a plea deal can make all the difference in its impact on your case. Most importantly, don’t panic, and regroup with our lawyers to determine your next steps.
If your codefendant accepts a plea deal, you should not panic or react impulsively and change your plea, confess, or accept a plea deal. While accepting a plea deal yourself might be on the table if your codefendant does, this is not something you should rush into by any means, and always something you should discuss with your lawyer.
What Happens if You Accept a Plea Deal as a Codefendant?
If you are a codefendant in a criminal case and are considering accepting a plea deal for lesser charges, you need an experienced lawyer in your corner who can make sure that the deal legitimately benefits you.
Prosecutors almost always want something in return when they offer a codefendant a plea deal, so it is important that the defendant who accepts the plea also gets something that benefits them, such as reduced charges and less serious consequences.
Contact Our Lawyers for Help with Your Criminal Case
Call the Wildwood, NJ criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 for your free case analysis.
Being arrested alone can affect child custody decisions in New Jersey, so a parent’s conviction can have an even greater impact.
Criminal charges and convictions can affect child custody decisions and agreements. While any offense might have an effect, domestic violence-related charges, sexual offenses, and offenses directed at children are most likely to impact child custody arrangements. The right attorney might be able to mitigate the negative effect of criminal charges on child custody decisions by negotiating a plea deal, defending you against the charges, and helping you pursue expungement.
Call the Law Offices of John J. Zarych’s New Jersey criminal defense lawyers at (609) 616-4956 for your free case review.
Can Criminal Charges Affect Child Custody Decisions in New Jersey?
Criminal charges and convictions can affect child custody decisions, and often do. Even if charges are dropped and never go to trial, simply having an arrest on your record might affect child custody decisions made by a family court judge.
Can Getting Arrested Affect Child Custody Decisions in New Jersey?
When making custody decisions, family courts focus on the child’s best interest. You don’t have to be formally charged or convicted of a criminal offense for it to impact child custody decisions; an arrest alone can do that.
Our lawyers may be able to prevent an arrest by providing clarifying information to law enforcement on your behalf and preventing you from making self-incriminating statements.
Do Criminal Charges Automatically Affect Child Custody Decisions in New Jersey?
Having a criminal record doesn’t automatically affect child custody arrangements. You will not automatically lose your parental rights if you are arrested or convicted of a crime in New Jersey.
Common Criminal Charges That Affect Child Custody
Convictions for domestic violence-related offenses, child abuse or neglect, sexual offenses, violent offenses, or any offense that directly threatens a child’s safety are more likely to affect child custody decisions than low-level drug charges for first-time offenders or white-collar crimes.
How Do Sexual Assault Charges Affect Child Custody Rights in New Jersey?
In New Jersey, anyone convicted of sexual assault against a victim under the age of 13 may not be awarded visitation rights or custody of any minor unless they can present clear and convincing evidence that doing so would be in the best interest of the minor.
How Can Criminal Charges Affect Child Custody Decisions in New Jersey?
Your criminal record could affect almost all child custody decisions, from whether or not you can have unsupervised or supervised visitation with your child, whether you can contact them at any time or if there are strict limits to communication, and whether or not you even retain any parental rights.
Don’t underestimate how criminal charges can affect child custody decisions, no matter how far in the past you were convicted.
What Criminal Charges Are Less Likely to Affect Child Custody Decisions?
Not all criminal charges have a profound effect on child custody decisions, especially those that do not raise major concerns about your ability to care for your child and provide a safe space, such as low-level financial crimes.
That doesn’t mean white-collar crimes and other non-violent and non-sexual low-level offenses cannot affect child custody decisions, as any arrest, charge, or conviction could.
How Can You Mitigate the Effect of Criminal Charges on Child Custody Decisions in New Jersey?
Whether by proving your case at trial, negotiating a plea for lesser charges, convincing the judge to dismiss the charges, or pursuing expungement on your behalf, our lawyers may help mitigate the effect of criminal charges on child custody decisions.
Prove Your Defense at Trial
If you win your case, there is no conviction to use against you. This is not easy and requires help from our experienced criminal defense lawyers to identify an appropriate defense, gather evidence, and present your case to the jury to create reasonable doubt.
Accept a Plea Deal to Reduce the Charges
If you are very concerned about how criminal charges might affect custody decisions, you might not want to go to trial and risk a guilty verdict on serious charges. If our New Jersey criminal defense lawyers can negotiate a plea deal with the prosecution, you may be able to plead guilty to lesser charges that are less likely to affect custody decisions.
Get the Charges Dismissed
Just because charges are filed against you doesn’t mean the prosecution will get to see the case through. If we file a successful motion to dismiss charges because of a lack of evidence, constitutional rights violations, or procedural errors by the prosecution or the court, the charges are dismissed.
However, the prosecution can refile charges if they get additional evidence, there is still time under the statute of limitations, and the charges were not dismissed “with prejudice.”
File for Expungement
If you are concerned that your criminal record might be used against you in child custody proceedings, you should learn more about the expungement process. When a criminal conviction is expunged, it is erased from the public record. This can help parents with old criminal records.
Even if the opposing party mentions previous behaviors, the fact that they were expunged may stop a judge from using them against you. Even so, not all charges are eligible for expungement.
Can Child Custody Violations Lead to Criminal Charges in New Jersey?
Criminal charges can not only affect child custody arrangements, but child custody violations can also lead to criminal charges for interference with custody or even kidnapping, which can have an even more profound effect on child custody decisions and may even lead to the termination of parental rights.
Get Help with Your Criminal Charges in New Jersey
Contact the Law Offices of John J. Zarych for a free case analysis by calling our New Jersey criminal defense lawyers at (609) 616-4956.
Anyone facing criminal charges involving a complaining witness who is released on bail may be released under a “no-contact condition,” and violating it could bring serious additional consequences.
A no-contact condition is a bail condition that prohibits direct or indirect contact with the alleged victim or another witness involved in the case. The no-contact condition lasts for the duration of a criminal case, and violating it at any point could lead to your arrest and the revocation of your bail. You might even face additional criminal charges for violating a no-contact order, and the judge should explain the consequences of a violation when setting this as a condition of your release.
For a free case discussion with our New Jersey criminal defense lawyers, call the Law Offices of John J. Zarych at (609) 616-4956.
What is a No-Contact Condition in New Jersey?
A no-contact condition is a very common pre-trial bail condition in New Jersey that restricts contact between a defendant and an alleged victim or another witness involved in a case.
If there is a no-contact condition as part of your bail, which is often the case, you may not contact the specific individual in person, online, or over the phone. Any and all contact is expressly prohibited, both digital and physical, including indirect contact through third parties.
How Long Does a No-Contact Condition Last in New Jersey?
If you are currently restricted by a no-contact condition as part of your bail while awaiting criminal charges in New Jersey, you need to know how long this restriction lasts so that you don’t unintentionally violate it.
Generally, a no-contact condition lasts for the duration of a criminal case unless a judge intentionally lifts or modifies it prematurely. The no-contact condition may be lifted automatically if the charges are dismissed or the defendant is acquitted.
If the defendant is convicted, the no-contact condition may remain in effect until the case is over, and might become a condition of probation or sentencing.
What Charges Involve a No-Contact Order for Bail?
No-contact conditions are not part of bail in every criminal case, and are more likely for offenses involving a specific victim.
Judges typically make no-contact conditions part of bail terms in cases involving domestic violence-related offenses, sexual offenses, harassment, stalking, and witness intimidation.
How Do No-Contact Conditions Differ from Temporary Restraining Orders in New Jersey?
No-contact conditions and temporary restraining orders serve similar purposes, but they are obtained and granted much differently.
Judges order no-contact conditions during criminal proceedings, typically as a bail condition. On the other hand, temporary restraining orders are part of civil proceedings, and they do not require a criminal charge to obtain.
No-contact conditions are typically broader, easier to obtain, and longer-lasting than temporary restraining orders, which require a pre-existing domestic relationship and last only 10 days, at which point a hearing for a formal restraining order is required.
How Do Defendants Learn About No-Contact Conditions in New Jersey?
If you are facing criminal charges in New Jersey, you need to know whether your release on bail includes a no-contact condition and what specific conduct it prohibits.
The judge will tell you if there is a no-contact condition included in your release on bail when bail is set. You may feel overwhelmed at this court appearance and struggle to remember the terms of a no-contact condition, which is why it is important to have our Brigantine, NJ criminal defense lawyers present so we can remind you of the terms throughout your case.
What Are Common No-Contact Condition Violations?
Even something that seems insignificant may violate a no-contact bail condition, so defendants should familiarize themselves with the most common violations to avoid them.
Any direct communication, such as phone calls, text messages, emails, or social media direct messages, is prohibited when bail terms include a no-contact condition.
Indirect communication is also prohibited, including any attempts to contact you through a third party or social media.
A no-contact condition might also prevent you from visiting certain locations that a witness frequents, so keep that in mind when you are out on bail and awaiting trial.
Can You Be Arrested for Violating a No-Contact Condition in New Jersey?
Violating the terms of a no-contact condition can have almost immediate ramifications for you, even before your criminal trial really begins.
You can be arrested for violating a no-contact condition in New Jersey, held in contempt of court, and have your bail revoked for the rest of the trial. If your bail is revoked, you don’t get the bail money you deposited back.
Can You Face Additional Charges for Violating a No-Contact Condition in New Jersey?
Violating a no-contact condition not only complicates your current case and charges, but might also lead to additional charges for contempt of court and extra penalties.
Furthermore, if you commit a separate criminal offense while violating a no-contact condition, such as stalking, harassment, or witness intimidation, you can be charged for that offense in addition to being held in contempt for violating the no-contact condition.
Can a Judge Lift a No-Contact Order During a Criminal Case?
While no-contact orders typically remain in effect for the duration of a criminal case, there are rare situations when a judge might lift a no-contact condition prematurely.
If a no-contact order is especially unfair to you, in that it effectively displaces you from your home or separates you from your children, our lawyers may file a petition to lift or modify bail conditions.
Judges rarely lift no-contact orders prematurely, but may do so at the request of an alleged victim who has recanted their story.
Discuss Your Case for Free with Our Criminal Defense Attorneys
For a free case review from the Cape May, NJ criminal defense lawyers at the Law Offices of John J. Zarych, call us today at (609) 616-4956.
Police officers use many different tactics to elicit confessions during interrogations, one of which is lying to a suspect about the evidence they have or the seriousness of the situation. As a defendant, you need to know if this tactic is legal and how it might affect your case.
New Jersey police officers can lie about certain things during an interrogation, but not about others. For example, officers can claim they have physical evidence tying you to an offense, even if they do not. Still, they cannot lie to you about your constitutional rights while reading Miranda warnings. If, while lying to you during an interrogation, police officers also use physical force or threats of force, your responses may be inadmissible. If you are being questioned, never assume that the police are being honest with you and invoke your right to counsel right away.
For a free case assessment from our New Jersey criminal defense lawyers, call the Law Offices of John J. Zarych at (609) 616-4956.
Can New Jersey Police Lie to You During an Interrogation?
If the police in New Jersey ever interrogate you about your involvement in an offense, do not assume that they are telling the truth, whether about incriminating evidence or being “on your side.”
In general, police officers in New Jersey may lie during custodial interrogations. Officers can use deception during interrogations to obtain confessions, as long as a suspect’s information or confession is still given voluntarily. If a confession is not voluntary, it should not hold up in court.
Why Would Police Officers Lie to You During an Interrogation?
Often, police officers use deceptive tactics during interrogations to elicit information that can help them close a case.
The main goal of a police officer when lying during an interrogation is to convince the person they are questioning to confess to the offense or provide useful information. If they confess to an offense after police lie to them during a custodial interrogation, their confession can still likely be used against them at trial.
Can Police Lie Before Arresting You?
Police can lie to you before an arrest to try to get you to confess information during a traffic stop or investigation. For example, they may lie to you about the speed they caught you going or the posted speed limit.
Can Police Lie to Courts?
No. Police are under oath when testifying, and lies would be perjury.
Showing a judge they would lie to them would also hurt their trustworthiness in future cases, and reflect poorly on the entire police department.
What Are Common Lies Police Officers Tell During Interrogations?
Police officers might lie about many different things during interrogations, from having evidence that incriminates you to promising you that they can help you if you confess.
Incriminating Evidence
One of the most common lies police officers tell during custodial interrogations is that they have evidence that they in fact do not.
For example, in an attempt to elicit a confession or useful information, the police might claim that they have your DNA or fingerprints, surveillance footage, or eyewitness statements that implicate you, even if they do not actually have this evidence.
Co-Defendant Confession
A police officer might lie and tell you that an alleged accomplice has already confessed to a crime and told the police about your involvement in it. Officers do this to make you feel like you have no choice but to confess, but it is not necessarily true that a co-defendant has confessed, even if officers say they have.
Minimization
Sometimes, police officers will minimize the seriousness of an offense, offer leniency they cannot, or pretend to be friendly with a suspect they are questioning. When officers downplay the offense, a suspect might think they will not face major consequences if convicted or that the police will vouch for them with the prosecutor or judge, leading to their confession.
Exaggeration
Other times, police officers will overly exaggerate charges to intimidate you and claim that by confessing, you may be able to mitigate the consequences you experience. Don’t take law enforcement at their word about sentences or possible penalties.
Are There Limits to How the Police Can Lie to You During an Interrogation in New Jersey?
Although police officers may use deceptive tactics there are limits.
- Confessions must still be voluntary; otherwise, they are inadmissible.
- Police officers can’t lie to you about your constitutional rights while reading Miranda warnings. They must accurately tell you about your right to remain silent or your right to an attorney
- They can’t use physical force or threats of violence to intimidate you into confessing.
What Can Happen if the Police Lie to You During an Interrogation?
If the police lie to you during an interrogation, and you believe them, you could seriously compromise your case and future defense.
When police lie to you during an interrogation, their goal is to elicit a confession. Believing a police officer’s lies can lead to self-incriminating statements that will be in court.
What Happens if the Police Cross the Line When They Lie During Interrogations?
If you think police officers crossed the line when lying to you during an interrogation, tell our Atlantic City, NJ criminal defense lawyers immediately so that we can challenge illegally obtained evidence.
If a police officer lies to you in a an impermissible way, such as misrepresenting your Miranda rights, our attorneys can file a pre-trial motion to suppress a confession or other self-incriminating statements.
How Do You Know When the Police Lie to You During an Interrogation?
Knowing when the police are lying or misrepresenting a situation can be challenging, which is why having an attorney present is essential.
Our lawyers may be more familiar with the evidence that the police have, as well as common police tactics, enabling us to identify lies.
Call Us About Your New Jersey Criminal Charges
For a free case review from the Ocean City, MD criminal defense lawyers at the Law Offices of John J. Zarych, call us today at (609) 616-4956.
Sometimes, alleged victims change crucial aspects of their stories or recant allegations altogether, putting criminal cases in an odd situation that could have several different outcomes.
If the alleged victim changes their story before charges are filed, law enforcement can continue its investigation, and the prosecution could bring charges, with or without a complaining witness. If the alleged victim’s story changes after charges are filed, charges are not automatically dropped. We can file a motion to dismiss the charges in this situation, which the judge might grant if the alleged victim’s statement was the foundation of the prosecution’s case against you.
Get a free case evaluation from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
What Happens if the Alleged Victim Changes Their Story Before Charges Are Filed in a New Jersey Criminal Case?
If an alleged victim reports a crime to law enforcement and then changes their story or recants it entirely after an arrest is made but before charges are ever filed, does that mean the defendant doesn’t have to worry about an ongoing investigation or possible criminal charges?
Investigations Can Continue
The prosecution has the independent authority to charge the defendant in a specific instance, not the alleged victim. A complaining witness recanting or changing their story before charges are filed doesn’t immediately stop a police investigation. Law enforcement can continue investigating and searching for evidence that implicates you, whether or not the alleged victim continues to cooperate with them.
Charges Can Still Be Filed
You might still be at risk of facing criminal charges, even if the victim changes their story before the prosecution files charges against you. Even if charges have not been filed yet, don’t risk having any conversations with law enforcement without our Wildwood, NJ criminal defense lawyers present. Don’t think you cannot be charged in the future if more evidence is found, with or without the alleged victim’s cooperation.
Are Charges Automatically Dropped if an Alleged Victim Changes Their Story in a New Jersey Criminal Case?
An alleged victim changing their story or recanting allegations altogether typically comes as a relief to criminal defendants on trial. However, the victim isn’t the one who decides whether charges are filed or pursued, and cannot force the prosecution to drop charges for any reason.
Charges are not automatically dropped if the alleged victim in a case recants a previous statement or changes their story in any way. Prosecutors don’t necessarily need a victim’s cooperation to bring criminal charges; other evidence, such as security camera footage, body camera footage, 911 audio, and photographs, might be enough to prove a case, with or without testimony from the complaining witness. Don’t assume that the charges will be dropped just because the alleged victim changed their story.
While criminal charges aren’t automatically dropped if an alleged victim recants accusations, prosecutors who lack the support of a complaining witness may not continue to pursue charges, depending on the specific charges and circumstances of a case.
What Can You Do if the Alleged Victim Changes Their Story in a Criminal Case?
If the alleged victim in your criminal case changes their story, we may file a motion to dismiss the charges and challenge the complaining witness’s credibility on cross-examination if the trial continues.
File a Motion to Dismiss the Charges
Especially if the alleged victim recants accusations entirely, our lawyers can file a motion to dismiss the charges against you because there is no evidence without the alleged victim’s statement. If the judge grants our motion, the charges will be dismissed, but this doesn’t stop the prosecution from refiling charges against you if they find new evidence, regardless of the alleged victim’s cooperation.
We can also file a motion to dismiss if the complaining witness’s story changed in some way, but they are still accusing you of a crime, although motions are rarely granted in these situations.
Question the Victim’s Credibility
If the alleged victim changes their story in a criminal case and it doesn’t result in the prosecution dropping the charges or the judge dismissing them, our lawyers can expose inconsistencies in the alleged victim’s statements during our cross-examination when they testify. We can highlight discrepancies between depositions and testimony, calling a witness’s credibility into question before jurors.
Does an Alleged Victim Changing Their Story Create Reasonable Doubt in a New Jersey Criminal Case?
If the alleged victim involved in your criminal case changes their story during the trial, the jury should be made aware. While the prosecution can continue a case as long as a judge does not grant the defense’s motion to dismiss, they may have a far lower chance of getting a guilty verdict.
Exposing that an alleged victim has changed their story may be enough to create reasonable doubt in a New Jersey criminal trial. Reasonable doubt is all that jurors in New Jersey need to find a defendant not guilty, and highlighting discrepancies in witnesses’ statements and accounts of the alleged offense can help create it.
Are There Legal Consequences for Alleged Victims Who Change Their Story in New Jersey?
Even when alleged victims make false allegations, they might not recant accusations for fear of facing legal repercussions for making a false report or lying on the witness stand.
Alleged victims who are revealed to have made false reports to law enforcement or perjured themselves on the witness stand while testifying in a trial can face criminal charges themselves. These consequences might prevent an alleged victim from admitting they made a false report, which might explain why the alleged victim in your case has not yet recanted or changed their story, despite your innocence.
Get Our Help with Your Criminal Case in New Jersey
Call the Hamilton, NJ criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 for your free case analysis.
Many people are unfamiliar with the concept of a grand jury and don’t understand how it works or what its purpose is. The grand jury plays a crucial role in many New Jersey criminal proceedings, and our lawyers can explain that role when we handle your case.
The grand jury’s role is to review witnesses and evidence presented by the prosecution and decide whether there is probable cause to issue an indictment. The defense is not present during grand jury proceedings, and neither is the judge. Grand juries are required for all indictable offenses in New Jersey, and at least 12 jurors must agree that there is probable cause to issue an indictment. If the grand jury doesn’t indict a defendant, the prosecution cannot prosecute you for that specific crime.
Get a free case evaluation from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych today at (609) 616-4956.
What is the Grand Jury’s Role in New Jersey Criminal Prosecutions?
Before prosecuting a defendant in criminal court, New Jersey prosecutors often have to convene a grand jury. This can be a confusing and unfamiliar concept to defendants, especially if this is the first time they have been arrested for a high-level offense.
Review the Prosecution’s Evidence
The purpose of a grand jury proceeding is to determine whether or not the prosecution has enough evidence to prosecute a specific person. A grand jury is made up of 23 New Jersey residents, and its proceedings are held in private, unlike most criminal trials, which are public and have juries of 12.
In New Jersey, grand juries do not need unanimous decisions to indict defendants, and prosecutors may continue with the charges if just 12 jurors agree there is sufficient probable cause.
Decide if There is Probable Cause
After listening to witnesses, asking them questions, and reviewing all the evidence the state has compiled so far, the grand jury will decide whether there is probable cause to believe the crime occurred and that the specific defendant was involved.
What is Not Part of the Grand Jury’s Role in New Jersey Criminal Prosecutions?
In addition to knowing the purpose of the grand jury, it’s also important to know the extent of the grand jury’s role in your criminal case and what these jurors do not have any say in.
Different Jury than Trial Jury
After a grand jury issues an indictment, those jurors’ work is done. The same jurors who served on the grand jury for a specific case may not also serve on the jury for the criminal trial, as they have already evaluated much of the prosecution’s evidence and may have formed opinions about the case.
Grand Jury Doesn’t Find People Guilty
The grand jury has no say in the verdict at trial, either. That responsibility falls to the jurors assigned to the trial, and has nothing to do with the grand jury proceedings that took place before your criminal trial.
What is the Prosecution’s Role During Grand Jury Proceedings?
Defendants and their attorneys cannot be present during grand jury proceedings. We can explain what happens during the proceedings and the prosecution’s role, since you will not be there as the defendant to witness them yourself.
Leading Proceedings in Court
There is no judge present during grand jury proceedings, and it’s the prosecutor’s role to lead these proceedings in court. The prosecution may subpoena witnesses to testify before the grand jury and introduce physical evidence or documents for jurors to consider when making their decision.
Absent During Grand Jury Deliberations
The prosecution has no role in the grand jury’s decision-making process and may not be present when jurors discuss a case and decide the outcome.
What is the Defendant’s Role During Grand Jury Proceedings?
Grand jury proceedings decide whether or not you can be officially prosecuted for a serious criminal offense in New Jersey. They are immensely important proceedings in which defendants have no active role, which can be frustrating for those with their future on the line.
As the defendant, you and your attorney may not be present during grand jury proceedings. You won’t know what happened during a grand jury until it concludes and an indictment is issued or not. If the grand jury’s decision is “no bill,” there will be no indictment, and the prosecution may proceed with the charges. The prosecution can reconvene a grand jury to seek an indictment in the future if the statute of limitations has not expired and more evidence has been discovered.
Grand jury proceedings are very one-sided. Jurors only listen to information from the prosecution to make their decision and do not consider any arguments or evidence from the defense.
When Are Grand Juries Required in New Jersey Criminal Prosecutions?
Grand juries are only required for certain criminal offenses, and you should know whether one needs to convene before you can be officially prosecuted for a crime in New Jersey.
Crimes a Grand Jury is Required For
Grand juries are required for all indictable offenses in New Jersey, including all fourth-, third-, second-, and first-degree crimes, which are comparable to felonies in other states.
Grand juries are not required for disorderly persons offenses or traffic violations.
Grand Jury Indictment Can Be Waived
Defendants can technically waive their right to grand jury proceedings, but shouldn’t do so without discussing it with our Atlantic City, NJ criminal defense lawyers. If you waive this right, the prosecution might proceed with charging you immediately, whereas the grand jury might have disagreed and decided there was not enough probable cause to indict.
Grand Juries Are for Serious Crimes
If you are arrested and grand jury proceedings are required for the formal indictment, the charges are most likely serious, and you shouldn’t face them without the support of an experienced and skilled attorney.
Get Help with Your Criminal Case from Our New Jersey Defense Attorneys
Discuss your case for free with Ocean City, NJ criminal defense lawyers when you call the Law Offices of John J. Zarych at (609) 616-4956.
Even if you do not commit a crime yourself, aiding or assisting in its commission could lead to serious consequences for you, including criminal charges.
Not only can you face charges for aiding or assisting a crime you didn’t commit, but you can face the same exact charges as the individual who did commit the offense. You can be charged for soliciting a crime, aiding a crime, or failing to stop a crime you had knowledge of. You can also face additional charges for engaging in criminal conspiracy or being an accessory after the fact, and our lawyers can also help you if you are dealing with these kinds of charges in New Jersey.
Get your free case analysis from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
When Can You Be Charged for Aiding or Assisting in a Crime You Didn’t Commit in New Jersey?
Aiding or assisting in a crime can be considered just as serious as committing the offense yourself, and you may need to know what can happen if you find yourself in this situation.
Soliciting a Crime
Even if someone else actually committed the offense, a defendant can be charged with the same offense if they solicited the person to commit it. Solicitation can include directly asking, hiring, or encouraging someone to commit a particular crime.
In New Jersey, there is no distinction between committing a crime and soliciting it.
Aiding a Crime
You can also be charged with a crime you did not directly commit but were an accomplice to. You are considered an accomplice if you, with the purpose of assisting in the commission of the offense, solicit someone to commit it or help or agree to help with the planning or commission of the crime.
Aiding in a crime can include providing weapons or information, offering encouragement or advice, and providing transportation.
Failing to Stop a Crime
Individuals who have a legal duty to stop a crime before it occurs by reporting it to law enforcement and fail to do so can also be charged the same as the primary actor in the offense.
How Can You Be Charged for Aiding or Assisting in a Crime You Didn’t Commit?
You can be charged severely for aiding or assisting in a crime you did not commit yourself, so do not think being an accomplice and not the primary actor in an offense protects you from harsh consequences.
Same Charges as Primary Actor
Individuals who meet New Jersey’s definition of an accomplice in criminal law can face the same exact charges as the primary actor in a case.
For example, suppose you are arrested as an alleged accomplice in a robbery. The prosecution could charge you with the same first-degree robbery charge as the primary actor if you were an accomplice, even if you were not present during the commission of the robbery and did not commit it yourself.
Additional Conspiracy Charges
Defendants who aid or assist in a crime but do not commit it themselves may also face criminal conspiracy charges in New Jersey. Conspiracy charges arise from a mutual agreement between parties to commit or help commit a criminal act.
The severity of the conspiracy charge depends on the severity of the underlying charge. For example, conspiracy to commit murder would be charged as a first-degree crime, as murder is also a first-degree crime in New Jersey.
Additional Accessory After the Fact Charges
You could also face charges for aiding or assisting another person after they have committed a crime. Hindering apprehension or prosecution is typically charged as a second-degree crime, and includes harboring or hiding an offender, providing money, transportation, or weapons, destroying or concealing evidence, and warning the offender about law enforcement’s investigation.
How Can You Defend Yourself Against Charges for Aiding or Assisting in a Crime You Didn’t Commit?
The more our attorneys know about your involvement in an alleged offense, the better we can defend you against the charges you might face as an accomplice.
Duress or Coercion
If you are also a victim of the offense or were coerced into aiding or assisting a crime, you shouldn’t face criminal charges for your forced involvement. Even if the prosecution does file charges against you, our Atlantic City, NJ criminal defense lawyers can explain how you were coerced, forced, or threatened into participating in certain conduct, and how you would not have done so otherwise.
Lack of Knowledge
Lack of knowledge of a plan to commit a crime is a common defense that protects defendants from the consequences of accomplice liability. Tell our attorneys if you truly had no knowledge that a crime was about to take place when you provided the help or assistance you did.
No Intent
Our lawyers may also argue that you lacked intent when offering the assistance or help that you did, both to help in the commission of the crime and for it to succeed. If the prosecution does not prove intent, the defendant should not be convicted.
No Active Assistance
Simply being present when a crime occurs does not make you an accomplice. Our lawyers can emphasize the prosecution’s lack of evidence proving that you were involved in the planning or commission of the crime, only that you happened to be physically present at the specific location where the crime occurred.
Effective Withdrawal Before Commission of Offense
If, before the crime occurs, you effectively withdrawal from your involvement as an accomplice and take steps to inform law enforcement to try to stop the crime from being committed, you should not be convicted as an accomplice in New Jersey.
We Can Help if You Are Charged for Aiding or Assiting in a Crime You Did Not Commit
Call the Cape May, NJ criminal defense lawyers of the Law Offices of John J. Zarych at (609) 616-4956 for a free case assessment today.
The authorities may charge you for viewing illegal images. Some might argue that if the images are never actually downloaded, the person viewing them does not actually possess them. This is a tricky legal issue, and you should hire a lawyer immediately.
Whether you may be charged depends on several factors. Did you actively seek out the images, or did you accidentally stumble upon them and view them by accident? Did you have control over the images, even if they were not downloaded on a device that you own? It is almost impossible to view an image online without downloading it somewhere, and there is almost always a digital trail. Your best bet is to get a lawyer and fight the charges by highlighting flaws in the evidence against you.
For a free, private legal assessment from our Atlantic City, NJ child pornography defense attorneys, call the Law Offices of John J. Zarych at (609) 616-4956.
Can You Be Charged Just for Viewing Illegal Images?
While viewing online images often involves downloading them, you do not necessarily have to download an image to be in possession of it.
Did You Seek Out the Images?
One important factor to consider when facing charges for viewing illegal images is whether the defendant intentionally sought out the images.
If a defendant is found to have sought out the illegal images, they have the intent necessary to be charged with a crime.
Remember, the goal of the law is to stop people from feeding into the illegal production and consumption of illegal images, such as child pornography. Even just viewing these images keeps this black market alive.
Accidental Viewing
When navigating the internet, it is normal to stumble upon online content you normally would not seek out. People may accidentally find child pornography or other illegal images online without meaning to.
In such cases, there is a serious lack of criminal intent, and the authorities are unlikely to bring charges. In this situation, it is best to report the images to the police immediately.
Where Are the Images Maintained?
Viewing an image online almost always requires downloading it. Even if you do not download it onto your personal device, it is still downloaded in your web browser. You do not necessarily have to click “Save” or “Download” to actually download illegal images onto device and open yourself to potential charges.
Images downloaded onto another device or a shared network you have access to may also be considered to be in your possession.
Can You View Images Online Without Downloading Them?
Even if the files are not saved on your device, they may still be downloaded in your browser, and there is usually some digital trail for the authorities to follow.
Downloading in a Web Browser
It is difficult to view an image online without downloading it. When we navigate the internet, images and other online content are downloaded into a temporary cache. This is not a permanent download, and the files are not saved on your device. Even so, the police may see this data if they seize your phone to search for evidence.
Downloading Files to Your Device
When most people think about downloading an image, they think about saving a file permanently in a folder on their device where they may access it offline. If files of illegal images are downloaded into a permanent folder on your device, the authorities may have a much easier time proving possession. However, you do not necessarily have to download the file this way to face criminal penalties.
File Sharing Programs or Networks
Whether files are downloaded to a temporary cache or a permanent folder, you may access them through things like shared networks and file-sharing programs. The image is downloaded elsewhere, and you may access the image remotely from your device.
Even though the data might be elsewhere, there may still be digital evidence connecting your device to the illegal images, and you can be criminally charged.
How to Fight Charges for Downloading Illegal Images in NJ
If you are charged with possession of child pornography or other crimes related to the viewing of illegal images online, an attorney can help you review the facts and evidence and develop an effective defense.
Illegal Searches of Your Devices
Cases involving illegal images often hinge on digital forensic evidence. The police usually must seize the defendant’s devices and have them analyzed by a digital forensic expert.
Phones and similar devices fall under the Fourth Amendment, and the police must have a warrant to seize and search your phone or computer. If the police searched your phone without a warrant, our NJ child pornography defense attorneys should absolutely challenge the seizure and have the evidence excluded. Without this digital evidence, the charges against you may quickly fall apart.
Lack of Intent
We might also challenge your supposed intent. To secure a conviction, prosecutors must prove that you intentionally viewed the images. If you viewed the images by mistake or clicked a link without realizing it would take you to illegal images, we can challenge the alleged intent and fight the charges.
The Images Are Not Illegal
Another possibility is that the images you allegedly viewed are not actually illegal. Pornographic images can be divisive, but they are not inherently illegal. The authorities may have been mistaken about the content of the alleged images and charged you even though the images do not depict anything illegal.
Is It Possible to View an Image Online Without Downloading It?
When viewing an image online, it is almost always downloaded to a temporary cache or downloaded onto the device itself, even without clicking “Save” or “Download.”
What Evidence Will Prosecutors Use to Prove a Defendant Viewed Illegal Images?
Prosecutors are highly likely to use digital forensic evidence when dealing with illegal images online. Even if the files are not downloaded onto your device for offline viewing, there is still a digital trail connecting your device to the images, which forensic experts may find quickly.
Should You Delete Data That Could Be Used as Evidence Against You?
No. It might be tempting to wipe your device clean before the police take it, but this is not a good idea. You may be accused of destroying evidence and obstructing justice, and you could face additional criminal charges.
When Should You Call a Lawyer After Being Charged with Viewing Illegal Images?
Call a lawyer immediately. If you have been arrested, demand to call a lawyer and do not answer questions from the police about the alleged illegal images. If you have not been arrested but believe you might be soon, contact a lawyer now who can help you prepare for what is to come.
Ask Our NJ Child Pornography Defense Lawyer for Legal Help Immediately
For a free, private legal assessment from our NJ child pornography defense attorneys, call the Law Offices of John J. Zarych at (609) 616-4956.
Most people regularly carry or otherwise use a device to communicate and store information. The police may ask to talk to those they believe have illicit images on their devices. If this happens, get a lawyer immediately.
You do not have to speak to the police about anything if you are not under arrest. If you are asked for an interview, you are free to walk away. Even if you are placed under arrest, you do not have to answer any questions about an alleged crime. You have the right to remain silent. Never agree to talk to the police about supposedly illegal images on your device without a lawyer present. Even if you think agreeing to an interview with the authorities could help you, do not go alone. Get a lawyer first.
Ask our child pornography possession lawyers for a free, confidential legal assessment when you call the Law Offices of John J. Zarych at (609) 616-4956.
If Detectives Ask to Talk to You About Images on Your Device, Do You Have to Go?
If the police request an interview, you are allowed to refuse. Unless the police have enough probable cause to get an arrest warrant, you do not have to go anywhere with them.
Are You Being Arrested?
The first thing to consider if the police ask to interview you is whether you are being arrested. While the police may request an interview, you do not have to answer any questions or go anywhere with the police if you are not under arrest.
It is a good idea to ask, “Am I under arrest? Am I free to leave?” Do not agree to an interview about alleged images on your device.
Did the Police Already Seize Your Device?
Another important factor to consider is whether the police have seized your device. If they have, they may have already seen everything on it or are in the process of getting a warrant to search the phone.
You may feel compelled to agree to the interview so you can explain your side of the story, but this may not be a good idea. Anything you say to the police will be used against you. The less you say, the better.
Are You a Suspect?
You should also consider whether you are a suspect or if the police simply believe you can answer questions about another suspect. If you are not a suspect, it may be a good idea to cooperate with the police. Get a lawyer first, even if the police tell you that you are not being investigated or under arrest.
What Should You Do Before Talking to Detectives About Images on Your Device?
If you are considering talking to the police about alleged images on your device, approach the situation with caution. Know your legal rights and how to protect them.
Call a Lawyer
Your very first step should be to call a lawyer. Even if you are not placed under arrest, the fact that the police want to talk to you about alleged images on your device is a major red flag. You may be under criminal investigation, and you should call a defense lawyer immediately. Do not speak to the police without your lawyer present.
Plan a Defense Strategy
Before searching a device like a cell phone, the police must get a search warrant. Why do the police suspect there are illegal images on your device? Did they search it with a warrant? If not, any evidence they have may have been illegally seized, and our child pornography possession lawyers can immediately begin working on having it excluded so it is not used against you.
Preparing for Arrest
Before agreeing to an interview with the police, you and your attorney must come up with a plan for what to do if you are arrested. Immediate concerns include securing bail so you can be released from jail. Your attorney should also explain all your rights to you, so you know how to assert them and protect yourself while you are in custody.
How to Challenge Allegations About Images on Your Device
If you are arrested and charged in relation to alleged images on your device, your attorney can help you develop effective defense strategies to protect yourself and clear your name.
Do Others Have Access to the Device?
Did someone else download the images to your device? In that case, it may be best to cooperate with law enforcement and let them search your device if they have not done so already.
We need to prove that someone else is responsible for the images. If you know who is responsible for the images, talk to your lawyer, and they can help you inform the authorities.
Did You Knowingly Download the Alleged Images?
Maybe you downloaded the images by mistake. This can happen, especially when using a device that you are not completely familiar with. Talk to your attorney about where the images could have come from. Did you recently visit any unusual websites, open strange emails, or click links you were unsure about? If so, we may argue that you lacked any intent necessary to be charged with a crime.
Can You Talk to the Police About Images on Your Device?
Do not answer any questions without a lawyer by your side. If you are unsure what to do, refuse the interview with the police and call a lawyer for help.
Should You Consent to a Search of Your Device?
No. Do not consent to a search of your device under any circumstances. Unless you give permission, the police need a search warrant to look through the contents of a cell phone.
Should You Delete Data from Your Device?
No. If the police believe evidence of a crime is on your phone, you may face serious consequences for deleting it. If you delete any data from the phone, talk to your lawyer about it. Accidental deletions or deleting data before realizing you are under investigation should not be punishable offenses.
How Should You Prepare for an Interview with Police About Images on Your Device?
Talk to your attorney about what the police believe is on the device and whether it could lead to criminal charges. Determine whether voluntarily talking to the police is even a good idea.
If you choose to speak to the police, your attorney can advise you on what to say and what questions to avoid. Remember, the police cannot compel you to answer any question you do not want to.
Talk to Our Child Pornography Possession Lawyers About Your Situation Now
Ask our child pornography possession lawyers for a free, confidential legal assessment when you call the Law Offices of John J. Zarych at (609) 616-4956.
Charges related to child pornography among the most severe on the books in New Jersey. The legal system rarely shows leniency to such defendants, even first-time offenders, and there is a strong possibility that you will face jail time if convicted. Get help from a lawyer as soon as you can.
Sometimes statutes require jail time for all violations. The law requires jail for possession of at least 100 items of child pornography, and cases frequently involve much more. Even if jail time is not mandated by law, it is likely built into the New Jersey Sentencing Guidelines, and you would need to present deeply compelling mitigating factors to the judge to convince them to show leniency and reduce jail time.
Get a private, free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our Atlantic City, NJ child pornography defense lawyers.
Is Jail Time Required for First-Time Offenders in New Jersey Child Pornography Cases?
Criminal charges related to child pornography are some of the most serious charges on the books. It would be very difficult for a defendant to avoid jail time if convicted, even if they are a first-time offender.
Mandatory Prison Terms
The law requires mandatory prison time for defendants convicted of having at least 1,000 items of child pornography. Defendants would be required to serve one-third to one-half of the total sentence imposed by the court or 10 years, whichever is more. The defendant is ineligible for parole during this time.
This applies to first-time offenders. Subsequent offenders may face harsher mandatory prison terms.
Grading of Offenses Related to Child Pornography
Even if mandatory minimum jail time is not statutorily required in your case, jail or prison time is still likely part of the potential penalties.
Possession of child pornography may be charged as a crime of the first, second, or third degree. All these charges carry potential prison time. Even if a mandatory minimum prison term is not required, a third-degree crime carries a potential penalty of at least 3 years in prison, meaning some jail time is likely.
Suspended Sentences
A suspended sentence is one where a defendant is sentenced to prison or jail time, but they may remain free as long as they abide by rules and restrictions imposed by the judge. If the defendant breaks these rules, they may be sent to jail to finish out their sentence.
Now, the question is, can a first-time offender receive a suspended sentence? The answer is no.
Certain offenses are precluded from suspension of sentence and other non-custodial sentencing terms, including…
- Luring or enticing a child
- Luring an adult
- Sexual assault or criminal sexual assault
- Child endangerment (this includes possession of child pornography)
Additionally, possessing 100 or more items of child pornography triggers mandatory imprisonment.
How Can a First-Time Offender Avoid Jail Time for Child Pornography Charges?
Once convicted, a defendant facing child pornography charges is highly unlikely to avoid jail time. It is a stronger strategy to try to avoid the conviction altogether to avoid jail time.
Fourth Amendment Violations
Was evidence of the child pornography seized illegally? Searches of cell phones, computers, and other devices generally require a search warrant. However, warrantless searches are permissible, but only under very specific, limited circumstances.
If the police seized your devices and searched them without a warrant, we must make them prove that special conditions existed to allow the warrantless search. If they cannot prove that such conditions existed, we should challenge the evidence for being seized in violation of your Fourth Amendment rights.
Unintentional Possession
Simply viewing or downloading child pornography may not be enough to secure a conviction for possession charges. Defendants must have been proven to have the intent to possess the illegal images.
If you viewed child pornography by accident by clicking a suspicious link or because a computer virus downloaded the images, our New Jersey child pornography defense attorneys can argue that your possession was accidental rather than intentional.
Mitigating Factors
The judge considers the fact that a defendant is a first-time offender during sentencing as a mitigating factor. While we can highlight your lack of a criminal record during sentencing if you are convicted, child pornography cases also often involve many aggravating factors.
To avoid jail altogether, there would need to be extremely compelling mitigating factors other than the defendant’s lack of criminal history.
Will a Judge Show Leniency During Sentencing for a First-Time Child Pornography Offender?
It is unlikely that a judge will show leniency without highly compelling mitigating factors. The fact that a defendant is a first-time offender may be considered, but it is probably not enough to convince a judge to reduce prison or jail time.
Does it Matter if a Child Pornography Defendant Has a Clean Criminal Record?
A defendant’s criminal history is often considered during sentencing. Those with no prior criminal history may receive a somewhat more lenient penalty than those with more extensive records. However, child pornography cases are often rife with aggravating factors that may lead to increased penalties.
Can Someone Convicted of Child Pornography Charges Be Released from Jail Early?
Charges for the possession of child pornography are generally precluded from non-custodial sentencing, including suspended sentences, probation, and parole. As such, it is highly unlikely that a person convicted of possession of child pornography will be eligible for early release. In fact, if a defendant is convicted of having 1,000 items of child pornography or more, they must face mandatory minimum prison terms.
What Are Important Mitigating Factors in Child Pornography Cases
Important mitigating factors in a child pornography possession case may include, but are not necessarily limited to…
- The defendant’s criminal record
- Cooperation with law enforcement
- Low risk of reoffending
- Genuine remorse
- Proof of sexual addiction or trauma
Do First-Time Offenders Convicted of Child Pornography Charges Have to Register as Sex Offenders?
Yes. In New Jersey, those convicted of possessing child pornography must register for life as a sex offender. Failure to register may be charged as another criminal offense, and you could face further penalties.
Receive Legal Help Now by Calling Our New Jersey Child Pornography Defense Attorneys
Get a private, free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our New Jersey child pornography defense lawyers.
