Immediately after charges get pressed against your child, call us. New Jersey’s process for juvenile delinquency cases differs from its process for adult criminal trials, and we can explain what that means for your child’s case.
Parents can call and hire our lawyers for their children following an arrest. The sooner you do this, the better, especially if your child is being detained. We will provide in-depth explanations of the charges cited in the delinquent complaint and determine whether your child may be required to attend court, as some delinquency cases can be resolved without court hearings.
Get a free case assessment from the Law Offices of John J. Zarych when you call our New Jersey criminal defense lawyers at (609) 616-4956.
Who Should I Call if Someone Presses Charges Against My Child in New Jersey?
If a police report is filed against your child and they are subsequently arrested in New Jersey, you may be at a loss for what to do. Instead of panicking, call our lawyers, and we can advocate for your child.
You may get a criminal defense attorney for your minor child. Conversations between our lawyers and your child will remain confidential, however, unless they make you privy.
Don’t call anyone other than our lawyers if someone reports your child to the police and presses charges against them. Discussing your child’s arrest with anyone else might jeopardize their defense, so only discuss these matters with our lawyers.
If you are present when your child is arrested, advise them to stay silent and invoke their right to an attorney. Stress the importance of remaining quiet as much as possible. Then, call us immediately so that our Atlantic City criminal defense lawyers can quickly get up to speed on the situation.
What Should I Learn About the Charges Pressed Against My Child?
If someone presses charges against your child and a delinquent complaint is filed in New Jersey, we will explain all you need to know about those charges and the potential consequences they carry.
First, understand that your child’s case will likely be held in the family division of the New Jersey Superior Court, not the criminal division. You should also know that a judge decides a delinquent juvenile’s fate, not a jury.
If the judge decides your child violated the law, they will be an adjudicated delinquent, which is not the same thing as being convicted of a crime. Court records for juvenile proceedings are generally safeguarded; however, they are not automatically sealed from public access in New Jersey.
After we assess the charges, we will explain the likely consequences upon conviction so that you and your child fully appreciate the situation. Detention is possible for serious offenses, although it is generally not the first resort when it comes to addressing adjudicated delinquents.
Will My Child Go to Court if Someone Presses Charges Against Them in New Jersey?
Even if someone presses charges against your child and the police file a delinquent complaint against them, they may not go to court.
New Jersey offers several alternatives to resolving juvenile delinquency cases that do not require court involvement or a judge’s presence. Some cases are diverted to juvenile conference committees, court intake services conferences, and juvenile referees, which may yield compromises and conditions the complaining witness, you, and your child feel comfortable with.
Serious charges generally proceed straight to court hearings before judges, and your child’s case may go to court if they violate juvenile conference committee conditions.
We can anticipate whether or not your child’s case will go to court and be heard by a judge. Your child’s case will most likely stay in juvenile court, although they could be charged as an adult if the case meets certain criteria and the prosecution successfully makes motions to move the case to criminal court.
Going to court is stressful for adult defendants, let alone juveniles. We’re here to help you and your family navigate juvenile hearings and prepare for all possibilities.
What if the Accuser Drop Charges Against My Child in New Jersey?
While complaining witnesses cannot force prosecutors to drop charges, they can weaken cases by ceasing to cooperate with the investigation.
After all, even when the witness files a police report, it’s the prosecution’s decision whether or not to file charges. So, it follows that it’s also the prosecution’s decision whether or not to drop those charges.
We can motion to dismiss juvenile cases in New Jersey, especially if complaining witnesses no longer want to press charges. Without a complaining witness, there may be little to no evidence against your child, and the prosecution might drop the charges as a result.
What to Do to Expunge Charges from My Child’s Record in New Jersey
If someone pressed charges against your child and a judge found them delinquent, they may be eligible for expungement sooner than you think.
Generally speaking, adjudicated delinquents must wait three years to get their records expunged. During those three years, juveniles may not have been convicted of a crime or found delinquent again, or they may not qualify for expungement.
Your child may need to meet additional criteria to have their record expunged, and we can determine if they qualify in New Jersey. Juvenile records are typically inaccessible by employers, though there are other reasons your child may want to expunge a teenage mistake.
If you want your child to pursue expungement, call our lawyers. We can prepare the expungement petition and explain why that case no longer reflects who your child is. It may help your child’s self-confidence to file for expungement as soon as possible, so reach out to see if they qualify.
Call Our New Jersey Defense Attorneys for Help Today
Get a free case evaluation from the Law Offices of John J. Zarych by calling our Ocean City, NJ criminal defense lawyers at (609) 616-4956.
Forensic evidence involves applying scientific methods to criminal investigations. While the field of forensic science has been around for quite some time, it is constantly changing as technology advances. Today, forensic evidence often involves collecting and testing DNA, blood, hair, fingerprints, and other evidence.
Forensic evidence is often regarded as very powerful evidence, and it can be difficult to refute in court. However, forensic evidence is not perfect, and testing mishaps or contaminated samples may make the evidence untrustworthy. We can challenge forensic evidence if it is tainted or if testing procedures were not properly followed. Forensic evidence may not be relevant in your case, depending on the situation, but we should still be prepared.
Get a free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our New Jersey criminal defense attorneys.
What is Forensic Evidence?
Forensic evidence involves using scientific methods to collect and test evidence. While the field is more technologically sophisticated today, it is not exactly new. Even basic fingerprinting, which has been around for many years, is a part of forensic science.
Forensic evidence may encompass a broad spectrum of techniques, skills, and study. As mentioned, dusting for fingerprints and comparing those prints to a database is a form of forensic evidence. More advanced techniques may involve testing biological samples for DNA that might be matched to a suspect.
Forensic evidence is constantly changing and evolving. As scientific methods and technology improve, investigators may be more able to collect incriminating evidence. In the past, DNA evidence was somewhat shaky, as the skills and technology required were still in development. Today, the science has vastly improved, and DNA is regarded as some of the strongest evidence possible.
While forensic evidence can be difficult for defendants to refute, it is not infallible. If investigators do not use the correct methods or if evidence is damaged or tainted, the results may not be trustworthy.
How DNA Evidence May Affect Criminal Cases in New Jersey
Perhaps the most well-known form of forensic evidence is DNA.
DNA evidence has not been around nearly as long as people think. It has only been used in criminal investigations since about the late 1980s. Today, it is often considered the holy grail of evidence, as it can pinpoint one specific person as being at a crime scene.
However, DNA evidence is not as definitive as many believe. While it can be hard to refute when DNA testing is performed correctly, investigators can make mistakes. If a DNA sample is tainted with someone else’s DNA, which is common, our Ocean City, NJ criminal defense lawyers can argue that the results should not be trusted.
DNA evidence often makes headlines when it is applied to older cases from before the technology was available. While testing old DNA samples can provide new insight into old cases, it is not always conclusive. Old DNA samples may be too degraded to render accurate test results.
How Forensic Evidence is Collected
How investigators collect forensic evidence varies based on what kind of evidence is being collected and the testing that needs to be done.
If a victim fought off an attacker, they may have the attacker’s DNA under their fingernails or elsewhere on their body. In sexual assault cases, victims may be tested for other bodily fluids exchanged during sex.
Evidence might not always come from a person’s body. Instead, much evidence may be collected from clothing. Blood stains and hair samples stuck to clothes at a crime scene can be tested for DNA matches.
Fingerprinting is a classic example of forensic evidence still in use today. Additionally, investigators may apply forensic methods to the scene itself. Depending on the condition of the scene, they may determine whether a struggle occurred, the number of people involved, and whether weapons were used.
How to Challenge Forensic Evidence in a New Jersey Criminal Case
Forensic evidence is not perfect, and we might have good reason to challenge it in your case.
First, we should demand to know the chain of command. The chain of command is an official list of people who have had control over or access to the evidence. If evidence is checked out for testing for investigative purposes, it must be logged.
If anything is wrong in the chain of command, or the whereabouts of the evidence cannot be accounted for, we may have room to challenge it. It could have been tainted or even lost.
We should also challenge anything where forensic testing results are inconclusive. Evidence should be as close to definite as possible. Exactly what “inconclusive” means will depend on what kind of evidence is involved and how it is tested.
We should also question the techniques used in gathering and testing the evidence. If procedures were not followed, evidence might have been tainted, and testing might not be trustworthy.
Does Forensic Evidence Come Up in All Criminal Cases?
To a certain extent, forensic evidence is present in many cases, but not every case requires in-depth scientific testing.
Some forensic evidence is relatively low-tech. Just taking fingerprints is part of a forensic investigator’s job. If they cannot match the fingerprints to anyone, it is not good evidence and likely will not be used in court.
Many cases do not need forensic evidence because other, strong evidence is available. For example, a prosecutor may not need to match DNA evidence to the defendant if multiple witnesses and security camera footage can confirm that the defendant was present at the crime scene.
If forensic evidence does come up, it can be refuted. We must remind the jury that forensic evidence can seem impressive, but it is not perfect, and there may be room for reasonable doubt.
Contact Our New Jersey Criminal Defense Attorneys for Help Now
Get a free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our Atlantic City, NJ criminal defense attorneys.
Exercising your rights during a police interrogation can prevent you from self-incriminating and ensure police officers don’t abuse their power. We can advocate for and assert those rights during police questioning, so call us if you are arrested in New Jersey.
You have the right to remain silent, meaning you do not have to answer any questions from law enforcement during an interrogation. You also have the right to an attorney; therefore, tell the police that you want to call our lawyers immediately. We should be present during interrogations; otherwise, police might coerce you or otherwise violate your rights to get evidence. The remedy for violation is suppressing illegally obtained evidence, potentially leading to charges being dismissed.
For a free case assessment, call the New Jersey criminal defense attorneys of the Law Offices of John J. Zarych now at (609) 616-4956.
What Rights Do I Have in a Police Interrogation in New Jersey?
You have specific rights during a custodial interrogation, and invoking them can safeguard you after an arrest in New Jersey. These are known as your “Miranda rights” because of the Supreme Court’s decision in the landmark case Miranda v. Arizona.
The Right to Remain Silent
The Fifth Amendment gives you the right to not self-incriminate, so you don’t have to answer any questions or speak during a police interrogation. Our New Jersey criminal defense attorneys can answer questions on your behalf, ensuring you do not misspeak.
Exercising your right to remain silent is one of the best things you can do for yourself after an arrest and during an interrogation. To exercise this right, you first have to say it out loud. Although being arrested is shocking and upsetting for many, arguing with the police or having an emotional outburst might hurt you.
After an officer reads you your rights, they will ask whether or not you still want to speak to them. Invoke your right to remain silent out loud and refuse to engage in any further discussion, even if officers seem on your side.
The Right to Hire an Attorney
Everyone has the right to an attorney under the Sixth Amendment, and law enforcement officers must inform you of that right after an arrest and at the beginning of a custodial interrogation. While you have the right to an attorney, if you waive that right, police can continue questioning you. Any statements you make may be admissible since you were informed of your right to an attorney, but you kept speaking.
You also have the right for an attorney to be appointed to you. This would be a public defender, who may have many other responsibilities at the time in addition to your case. To best exercise your right to an attorney, call our skilled criminal defense lawyers if the police arrest you.
Do Officers Have to Read You Your Rights Before a Police Interrogation?
You are also entitled to be read your rights any time police question you while you are in custody. If law enforcement officers do not inform you of your right to remain silent or have an attorney, you may not know those rights exist.
Tell us what happened during the arrest, like if you recall the arresting officer telling you that you have the right to remain silent and warning you that if you don’t, anything you say might be used against you at trial.
When officers are done reading you your rights, they should ask whether or not you understand them and if you need them repeated. If you require further explanation and law enforcement officers fail to provide it, please let us know.
Not reading your Miranda rights accurately and completely is a big mistake on law enforcement’s part, so tell us what you can remember.
What if My Rights Are Violated During a Police Interrogation in New Jersey?
If your rights were violated during a police interrogation in New Jersey, call our lawyers right away. Any evidence officers obtained through violating your rights may be inadmissible in court, potentially destroying the prosecution’s case. Prevent these situations to the best of your ability by continuing to invoke your right to remain silent, even if officers keep pestering you.
Examples of violating your rights include refusing to let you contact our lawyers or failing to read you your Miranda rights. After initial rights violations, police officers might continue to overstep, such as by threatening you or using physical force to coerce a confession.
We can file motions to suppress coerced confessions or any other illegally obtained evidence. If inadmissible evidence from an illegal interrogation is most of the prosecution’s case, getting that evidence suppressed may be enough for the prosecution to drop the charges.
How Can I Protect My Rights During a Police Interrogation?
To protect yourself during a police interrogation or informal questioning, have our lawyers present. In addition to reminding you and law enforcement of your rights, we can also ensure you do not unintentionally self-incriminate or otherwise misspeak.
Our experience in the criminal justice system prepares us for formal interrogations with law enforcement. We can speak for you, answering or refusing to answer police officers’ questions. We can also learn more about the reason for the arrest and possible incoming charges at this time.
We can identify police conduct that violates your rights, like officers wrongfully detaining you.
You should consider protecting yourself and your rights, even during informal conversations with law enforcement officials. If law enforcement asks you to come in for questioning willingly, it may not seem like an official interrogation. Things can change quickly during police interviews, and we can pick up on shifts in attitudes from law enforcement or common tactics used to gather information.
Whether or not you’ve been read your rights, you can and should still invoke your right to remain silent.
Call Us for Help with Your New Jersey Criminal Defense
For a free case evaluation, call the Atlantic City, NJ criminal defense attorneys of the Law Offices of John J. Zarych today at (609) 616-4956.
Resisting arrest or eluding police officers carries consequences, which defendants may face in addition to penalties for other convictions. Contact us immediately so we can mitigate the consequences you experience and possibly help avoid them altogether.
Depending on the circumstances, consequences for resisting arrest may end in jail time or hefty fines. Resisting arrest can be charged as a disorderly persons offense or as a second-degree crime in New Jersey. Reducing the charges may also alleviate the consequences. To avoid convictions for all the charges you face, let our lawyers work on your defense. We can argue that you were defending yourself against excessive force, the officers did not identify themselves, or that the arrest was unlawful, so the charges against you should be dropped.
Call the Law Offices of John J. Zarych now at (609) 616-4956 for a free and confidential case assessment from our New Jersey criminal defense attorneys.
What Are the Potential Consequences of Resisting Arrest in New Jersey?
Resisting arrest can be charged in various ways in New Jersey, depending on specific circumstances. Consequences vary based on the severity of the charge and bring the risk of jail time, fines, and other penalties. These consequences may be in addition to any you face for the initial charges or reason for the arrest.
Disorderly Persons Offense
Purposely preventing or attempting to prevent a police officer from making an arrest is a disorderly persons offense, generally. There is a potential risk of up to six months in jail for disorderly persons offenses, along with fines of up to $1,000.
Fourth-Degree Crime
Fleeing to purposely prevent or attempt to prevent an arrest is a crime in the fourth degree. This is punishable by up to 18 months in prison and fines of up to $10,000.
Third-Degree Crime
Using or threatening violence or physical force against a police officer or someone else to avoid arrest is a crime in the third degree, as is doing anything else that creates a very high risk of injury to others.
The maximum penalty for a third-degree crime is five years in prison and fines that may not exceed $15,000.
Second-Degree Crime
Fleeing the police using a motor vehicle on land or a boat on the water is a crime in the second degree if the flight creates the risk of injury or death to someone else.
Defendants charged and convicted of this degree might also lose their driver’s license for between six months and two years. The possible prison sentence upon conviction is five to ten years, with fines of up to $150,000.
How Can I Avoid Consequences of a Resisting Arrest Conviction in New Jersey?
If you are charged with a disorderly persons offense, fourth, third, or second-degree crime, for resisting arrest in New Jersey, call our lawyers to mitigate or avoid the consequences.
Stop Talking to Police
If your arrest is hectic, and officers warn you they intend to charge you with eluding a police officer in addition to potential other charges, stop talking to them. Do not try to explain yourself, argue with the police, or point out that they were aggressive or otherwise acted inappropriately.
Start Talking to Our Lawyers
Instead of trying to explain yourself to the police, call our lawyers and tell us what happened. Charges for resisting arrest sometimes arise from complete miscommunications, which our Atlantic City criminal defense attorneys can help resolve. Tell us if police officers were physical or aggressive with you or if they did not properly identify themselves, and that is why you resisted.
Can I Get a Conviction for Resisting Arrest Expunged in New Jersey?
You may get your conviction expunged to avoid the long-term consequences of resisting arrest. Disorderly persons offenses are eligible for expungement within five years, sometimes within three.
That is the same waiting period to get a fourth or third-degree crime expunged. If you have multiple indictable offenses or felonies, you may not be able to get a third-degree conviction erased from your criminal record. Some convictions have higher standards to qualify for expungement.
You may only expunge up to three disorderly persons offenses, which is important to keep in mind moving forward.
Getting these and other convictions expunged removes them from your criminal record. That means charges and convictions won’t appear on background checks when you apply for a job or housing. With expungement, you can avoid the long-term consequences of having a criminal conviction.
What Are Defenses to Resisting Arrest in New Jersey?
Let us prepare your defense against charges for resisting arrest in New Jersey. While we do, we can also defend you against the other charges you may be facing, which led to your arrest in the first place.
Excessive Force
Tell us if police officers used excessive force when arresting you and if you were simply defending yourself. The medical evidence of physical injuries you sustained during the arrest, eyewitness statements, and other evidence may confirm your defense.
Unlawful Arrest
We may also show that the attempt to arrest you was unlawful itself. This would mean your rights were already violated and that there was no reason for officers to detain you. Examples of unlawful arrests include arresting someone without probable cause or a warrant.
Lack of Knowledge
If a police officer does not properly identify themselves to you, you may not immediately comprehend the situation. If a police officer is not in uniform, you are in a crowded or dark space, or other circumstances affect your reaction, tell us. We can explain where police officers went wrong and that you would not have resisted had you known they were law enforcement.
Call Our Criminal Defense Lawyers for Help in New Jersey
Call the Law Offices of John J. Zarych at (609) 616-4956 for help with your case from our Ocean City, NJ criminal defense attorneys.
Burglary is a serious criminal offense that might lead to years behind bars, depending on the circumstances. While most people understand that burglary involves breaking into someone else’s property, they might not realize how complex the law surrounding burglary charges can be. If you are facing such charges, call a lawyer for help immediately.
Generally, to be charged with burglary, one must enter or try to enter a structure or building where they are not authorized to be, and they must intend to commit a crime once inside. Defenses to burglary charges are often rooted in undermining these criminal elements. For example, if there was some confusion about who owns the building, and it turns out you own it or had permission to be there, you should not be charged. Alternatively, if a defendant did not have any intention of committing a crime once inside, they should not be charged. If burglary involves a private dwelling or home, the charges might be for a home invasion burglary, and the potential penalties are worse.
For a free, private case review, call the Law Offices of John J. Zarych at (609) 616-4956 and talk to our Atlantic City, NJ burglary defense lawyers.
When a Person May Be Charged with Burglary in New Jersey
Charges for burglary are explained under N.J.S.A. § 2C:18-2(a). Contrary to popular belief, burglary charges apply when a person enters a structure or building other than a residential home or dwelling. More specifically, a person must first enter a structure or research facility – not a home or dwelling – or remain inside such a place surreptitiously, or trespass on the property where notice prohibiting entry is publicly posted or the area physically closed off to intruders by walls, fencing, or something similar.
Second, that person must have the intent to commit a crime once inside the structure, building, or facility. People often forget about the second element of burglary. If the defendant neither commits nor intends to commit a crime after entering, there is no burglary.
According to subsection (b) of the law, burglary may be charged as a second-degree indictable crime (similar to a felony) if the defendant is believed to have recklessly, knowingly, or purposely inflicted or attempted to inflict bodily harm on anyone or if they are armed with what appears to be a deadly weapon or explosives.
Burglary requires that the suspect enters a structure other than a residential dwelling or home. When a home is involved, the charges may be for home invasion burglary, as described in greater detail below.
Defense Strategies in New Jersey Burglary Cases
Review the details of your case with our New Jersey burglary defense lawyers to determine what defense options you might have and how best to employ them. You might have numerous defense strategies worth exploring, but some might be more effective than others.
Lawful Entry
At the very core of burglary charges is unlawful entry onto property or into a building where you are not supposed to be. What if you were allowed to be there? Can you still be charged with burglary? The answer is usually no. If you are authorized to be in a certain place, you cannot be charged for “breaking in.” Talk to your attorney about who owns the building you entered and how you know you were authorized to be there.
One possible example is that you own the place. Maybe you own a business and were trying to get inside after hours. Someone might have seen you entering the obviously closed storefront and called the police. Rest assured, you cannot be criminally charged for entering a building or property that you own or lease.
Another possibility is that the property owner permitted you to be there. Maybe the store owners asked you to water the plants while they were away on vacation. Perhaps someone saw you going inside the building and because suspicious. If the store owner who allowed you to enter the home can explain the situation, your charges might be quickly dropped.
Lack of Intent
The second element of burglary is the one most people forget about. The defendant must be proven to have had the intent to commit a crime once inside the building. If someone breaks in but has no intent to commit a crime, burglary charges would be inappropriate. However, intent is not easily proven and may be open to interpretation. The authorities might argue that just because the defendant did not commit a crime does not mean they did not intend to. They may point to the totality of the circumstances to prove their point, but so can we.
For example, an unhoused individual might break into a building because they need a warm place to sleep for the night. They might have no intention of committing a crime once inside. The police and prosecutors often look for the presence of weapons or certain tools often used to commit certain offenses. For example, suppose a defendant is found inside a business after hours without permission to be there. Next, suppose they did not commit a crime, but the police found tools often used to break into cash registers, bags to carry away money or stolen goods, and ski masks or face coverings to obscure their identity. This evidence together might indicate some sort of criminal intent.
Plea Agreements
Another option is to work out a plea agreement with prosecutors. This may involve pleading guilty to reduced charges and avoiding harsher penalties. For example, suppose prosecutors have flimsy evidence to prove that the defendant planned to commit a crime after breaking in. In that case, they might agree to reduce the charges to something like unlicensed entry of structures or defiant trespassing under N.J.S.A. § § 2C:18-3(a)(b). Plea agreements are not always available, and you do not have to accept if one is offered. They may also be negotiated, and your attorney can help you get the best deal possible.
How a Home Invasion Differs From Standard Burglary Charges in New Jersey
Home invasion burglary is described under N.J.S.A. § 2C:18-2.1(a) and is not the same as ordinary burglary charges. First, the defendant must be found to have entered a residential dwelling, home, or accommodation without any legal authorization. Second, the defendant must be found to have knowingly, purposely, or recklessly inflicted, attempted to inflict, or threatened to inflict bodily injury. Third, the defendant must be found to have been armed with what appeared to be a deadly weapon or explosives.
The grading of this offense is harsher because it involves breaking into someone’s private home. Home invasion charges may be for first-degree indictable crimes. If you are facing such charges, contact an attorney for help immediately.
Call Our New Jersey Burglary Lawyers for Help if You Are Facing Criminal Charges
For a free, private case review, call the Law Offices of John J. Zarych at (609) 616-4956 and talk to our New Jersey burglary defense lawyers.
Human trafficking is one of the most serious crimes you can be accused of, potentially leading to years in prison. If you have been falsely accused of and are now facing human trafficking charges, our experienced attorneys can help you challenge the state’s charges and build your defense.
Human trafficking typically involves enticing or coercing individuals to provide services to others. These services can range from general labor to sexual activities. Some victims are abducted and forcibly trafficked, while others are drawn in with the promise of money or drugs. Human trafficking can occur in various situations, which will influence the charges you face. Perhaps you were not aware that you were part of a trafficking operation. It is also possible that you were a victim yourself, being compelled to cooperate. In any case, our lawyers are here to help you challenge the charges.
For a free and confidential case review with our human trafficking defense attorneys in New Jersey, call the Law Offices of John J. Zarych today at (609) 616-4956.
What Should I Do if I Have Been Falsely Accused of Human Trafficking?
An arrest for human trafficking almost always results in pretrial detention and potentially a criminal trial, even if you are falsely accused. The first thing you should do if you have been falsely accused of human trafficking is to hire an experienced lawyer. Our human trafficking defense attorneys in New Jersey can reduce not just the duration of your detention, but also the likelihood of a conviction that may lead to imprisonment. Our team has significant experience in representing clients accused of human trafficking and similar crimes. Having our skilled attorneys defend you against this charge can be extremely beneficial, which is exactly what our attorneys can provide you.
In some cases, human trafficking involves kidnapping, though not always. While some individuals are taken against their will and trafficked, others are deceived into participating or choose to go along willingly. In many instances, these individuals are involved because traffickers provide them with drugs or they are misled.
Individuals can also be abducted or recruited into a trafficking operation where they are given or sold to others for labor or sexual services. Human trafficking is often featured in the media as large operations or trafficking rings with national and international actors involved. While this is one example of human trafficking, it is not the sole scenario.
A person might face charges if they are falsely implicated in much smaller operations. For instance, an individual might be charged with human trafficking if they allegedly coerce even a single person into involuntary labor or sexual exploitation. If you are facing such allegations, our human trafficking attorneys can evaluate the evidence and assist you in exonerating yourself.
How is Someone Charged with Human Trafficking Crimes?
Human trafficking charges are some of the most complex for those accused to understand. While many cases involve several suspects and alleged victims, some people are charged without even being aware that they were involved in a human trafficking operation. Understanding how these crimes are charged is the first step to identifying how to defend your case.
An individual can be charged with a first-degree felony under N.J.S.A. § 2C:13-8 if falsely accused of any of the following three forms of human trafficking:
Knowingly Trafficking Another Individual
A person commits the crime of human trafficking when they knowingly hold, recruit, lure, entice, harbor, transport, provide, or obtain another individual, through any means, to engage in sexual activities or to work by inflicting or threatening serious bodily harm or physical restraint against that individual or anyone else, according to § 2C:13-8(a)(1). This crime can also occur through schemes or patterns designed to manipulate the victim into believing that they or another person would face serious harm or confinement.
Additionally, actions like destroying, hiding, removing, confiscating, or possessing any passport, immigration-related documents, or other identification from a governmental agency that could help verify someone’s identity, age, or other personal information are also crimes.
Moreover, human trafficking can involve abuse or threats of abuse regarding legal matters, as well as deceitful practices or misrepresentation aimed at the individual. Facilitating access to drugs or dangerous substance analogs also falls under this crime.
Organizing, Financing, or Supervising a Sex Enterprise
Under § 2C:13-8(a)(2), an individual can be prosecuted for human trafficking even if they are not directly engaged in the abduction or transportation of victims. You might face false charges if you take part in a broader trafficking operation as an organizer, manager, supervisor, or financial backer. However, it is common for individuals to discover that they have unintentionally contributed to a human trafficking operation, which could be a single act where they had no idea what they were contributing to.
Trafficking Children
Unfortunately, vast amounts of trafficking victims are children, making it one of the most heinous crimes one can be accused of. According to § 2C:13-8(a)(3), if a defendant knowingly traffics a child under the age of 18 for the purpose of sexual activities, they can be charged with human trafficking. These charges apply even if the defendant mistakenly believed that the child was an adult, regardless of whether that belief was reasonable.
What if I Was Also a Human Trafficking Victim?
It is typical for traffickers to exploit victims to advance their human trafficking operations. For instance, a trafficker might force an existing victim to attract or entice additional victims into the network. If you were also a victim of human trafficking, you possess a strong defense to your charges.
Under § 2C:13-8(c), being a victim during the time of your alleged crime serves as an affirmative defense to human trafficking charges, providing a legal justification or excuse for your actions. In many instances, prosecutors are willing to grant immunity to victims who provide testimony against the actual leaders of the trafficking operation.
Call Our Human Trafficking Defense Attorneys in New Jersey Today to Get Your Defense Started
For a free, confidential case assessment with our Atlantic City, NJ human trafficking defense attorneys, call the Law Offices of John J. Zarych today at (609) 616-4956.
Human trafficking charges carry significant penalties. Those accused of human trafficking can face decades in prison and overwhelming fines, making the need for a robust defense paramount.
Human trafficking cases are difficult not simply because of the serious punishments involved but because the lines between victims and perpetrators are not always clear. Many individuals are trafficked only to be turned to trafficking others. Our team can use this as a defense in your case if you were also a victim of trafficking. In other cases, people are mixed up in situations where they have no idea they are involved in a trafficking operation. These can be used as defenses to avoid the worst penalties under New Jersey law. If we cannot get the case dismissed, we might be able to negotiate the charges from first-degree to second-degree.
For a free, confidential case assessment with our New Jersey criminal defense attorneys, call the Law Offices of John J. Zarych today at (609) 616-4956.
Understanding New Jersey’s Penalties for Human Trafficking
Human trafficking is one of the most serious crimes a person can be accused of in New Jersey, but it is also one of the most complex to understand. Individuals can be implicated in human trafficking in numerous ways, but some are completely unaware that they are part of a trafficking ring. The penalties reflect the severity of the crime, which is why you should contact our New Jersey human trafficking defense lawyers so you do not spend years in prison for a crime you did not commit. Penalties for first-degree human trafficking include potentially decades behind bars without any hope for parole. Second-degree charges can also result in considerable time incarcerated and substantial fines.
First-Degree Human Trafficking
An individual can be charged with a first-degree indictable crime under N.J.S.A. § 2C:13-8(b) if found guilty of one of three forms of human trafficking. An “indictable” crime in New Jersey is equivalent to felony charges in other states. This includes holding, recruiting, luring, enticing, harboring, or transporting people for the purpose of engaging in sexual acts. Additionally, it applies to those acting as organizers, supervisors, financiers, or managers of a sex enterprise, as well as individuals who cause a child to participate in sexual activities.
According to § 2C:13-8(3)(d), an individual convicted of a first-degree crime faces a minimum mandatory prison sentence of either 20 years, during which they will not be eligible for parole, or a designated term ranging from 20 years to life imprisonment. In the latter case, the person must serve a minimum of 20 years before becoming eligible for parole.
Further, a conviction for a first-degree crime carries a mandatory fine of at least $25,000, which will be paid to the Department of the Treasury and allocated to the NJ Human Trafficking Survivor’s Assistance Fund.
Moreover, anyone found guilty of first-degree human trafficking will be required to provide restitution to any victims involved. The court will determine the restitution amount, ensuring that the victim receives either the greater of the gross income or value of their labor or services to the defendant or the value of those labor or services as defined by the New Jersey Prevailing Wage Act.
Second-Degree Human Trafficking
An individual can also face charges for a second-degree crime related to human trafficking under § 2C:13-9. This type of offense occurs when someone offers services, resources, or assistance while knowing that these are intended to support the commission of human trafficking.
A person is also deemed guilty of this second-degree crime if they procure or attempt to procure someone to engage in sexual activity or to provide labor or services, whether for themselves or someone else. This applies when the person knows that the individual being recruited is a victim of human trafficking or when a reasonable person would recognize a significant chance that the person involved is a victim of trafficking.
Just like first-degree human trafficking, New Jersey law imposes stricter penalties for second-degree offenses. Typically, second-degree crimes carry a penalty of five to 10 years in prison, according to § 2C:13-9(c). Additionally, offenders must serve a minimum period of parole eligibility equal to one-third of the imposed sentence or a minimum of three years, whichever is greater. Fines for these offenses can also reach up to $15,000.
How Can I Defend Against Human Trafficking Charges in New Jersey?
In a criminal trial, prosecutors must prove their case beyond a reasonable doubt, a significant hurdle that demands substantial evidence. If we believe the evidence falls short, we can file a motion with the court to dismiss the case due to insufficient proof. Even if the judge decides to proceed with the trial, we can still raise the issue of the lack of evidence to the jury in hopes of persuading them to acquit.
Another important factor to consider is your intent concerning the alleged crime. For a conviction to stand, it must be shown that you knowingly participated in a human trafficking scheme. If you were unaware that the services or financial support you provided were being misused for human trafficking, we can establish that you had no knowledge of the situation.
It is also not uncommon for traffickers to exploit their victims to further their operations. For instance, a current trafficking victim might be coerced into luring or enticing new victims into the scheme. Under N.J.S.A. § 2C:13-8(c), though, it is an affirmative defense to human trafficking charges if you were being trafficked at the time the alleged offense occurred. This defense can justify or excuse your actions from a legal standpoint. In many situations, prosecutors might even be open to offering immunity to victims willing to testify against the real masterminds behind the trafficking operations.
Contact Our New Jersey Human Trafficking Defense Lawyers Today for Help Defending Your Case
For a free and confidential case review with our Atlantic City human trafficking defense attorneys in New Jersey, call the Law Offices of John J. Zarych today at (609) 616-4956.
If you have been watching the news lately, you have likely heard about the shooting of Brian Thompson, the CEO of UnitedHealthcare. While such an event is tragic, this shooting has sparked a nationwide debate about the healthcare and insurance industries. Many are sympathizing with the alleged shooter, Luigi Mangione. Some even believe that, if a criminal trial comes to pass, he might be acquitted through jury nullification.
Jury nullification occurs when a jury in a criminal trial acknowledges that the prosecution has met its burden of proof and that the defendant is legally guilty. However, the jury chooses to find the defendant not guilty because they believe the law is unfair or unjust, or they want to send a message regarding a larger social issue at the heart of the case. While this outcome should not be ruled out in Mangione’s case, defense attorneys likely cannot argue for jury nullification. Many judges forbid even the smallest mention of jury nullification, but the jurors may come to this conclusion on their own.
If you or someone you know is facing criminal charges, call our criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 for a free, private case evaluation.
Is Jury Nullification Possible in the United Healthcare CEO Assassination Case?
In a criminal trial, the word of the jury is final and cannot be overturned. On top of that, jurors are protected no matter what the verdict is. While most juries do their best to apply the laws to the facts of the case, others have different ideas. Jury nullification may happen when a jury decides to find a criminal defendant not guilty despite all the evidence proving otherwise. This often occurs when juries believe the law they must apply to the case is unfair or that applying it would in some way be unjust. Other times, it is because of larger social issues surrounding the case, and the jury wants to send a message to the courts, legal system, and the general public.
Jury nullification is not illegal and is a real possibility. However, it is rare and does not happen all that often. However, considering the social and political issues surrounding the shooting of the UnitedHealthcare CEO, many wonder if jury nullification is more possible than we realize, at least in this particular case.
Although the case is still unfolding, many suspect that the CEO of UnitedHealthcare was assassinated because of unfair business practices within the insurance industry. While insurance has always been difficult to deal with, the shooting has sparked a greater interest in how insurance companies often hurt millions of Americans. Some are arguing that the shooter should be acquitted, regardless of what the evidence says, to send a message to insurance industry leaders.
How Does Jury Nullification Work?
Jury nullification can be tricky to understand, as it is not an actual verdict that a jury may render. Instead, jury nullification occurs when juries decide to acquit criminal defendants despite sufficient evidence to the contrary. The point of jury nullification is that the jury understands that the defendant has been proven guilty beyond a reasonable doubt but enters a verdict of not guilty anyway. Again, the reasons behind jury nullification may vary and are not always clear. However, jury nullification is not the result of a misunderstanding of how the law should apply to the facts of the case. It is usually a deliberate choice made by the jury.
Are Attorneys Likely to Argue for Jury Nullification in the United Healthcare CEO Assassination Case?
Exactly how prosecutors and defense lawyers will handle the case of the shooting death of the CEO of UnitedHealthcare remains to be seen. The case is still unfolding, and an investigation will likely continue for some time. However, while jury nullification is possible, defense attorneys typically do not actively argue for it. While defense attorneys on this case will likely have many different legal strategies, jury nullification is probably not one of them.
Jurors must decide facts and apply the law to those facts. Arguing in favor of jury nullification gives jurors the power to decide both facts and law, which is not allowed. In many courts, judges forbid attorneys from even mentioning jury nullification. Additionally, there are arguments that it would be unethical as an officer of the court to try to get the jury to do something outside its prescribed duties. As such, it is unlikely that any lawyers involved with the case will actively or overtly argue in favor of jury nullification, whether in the press or in the courtroom.
Even so, this does not mean jury nullification is off the table. Remember, the jury’s verdict is final, and jurors are protected from legal repercussions no matter what the verdict is. If a jury decides to nullify, there is not much stopping them.
Why Jury Nullification Sometimes Happens
The reasons for jury nullification are not always clear, as jurors are not always forthcoming with their reasons behind the verdict. In many cases, jury nullification is linked to social issues surrounding a case, and jurors use the case to send a message they feel is bigger than the case itself. Considering the political and ethical debates sparked by the UnitedHealthcare case, this is not an unrealistic possibility.
After the shooting, people flooded the internet with stories about how UnitedHealthcare and other health insurance companies denied claims. Many stories describe people losing loved ones because insurance companies denied lifesaving medical care for seemingly arbitrary or bogus reasons. Others talk about how they endured pain, suffering, and a serious decline in their quality of life because health insurance companies refused to pay for medical care. As such, a lot of people are finding it hard to feel sorry for the victim of this tragic shooting, and they are hoping something like jury nullification may send a big message to insurance industry leaders.
Ultimately, we will have to wait to find out what happens with this case, as it is still unfolding, and more information is coming out every day.
Contact Our Criminal Defense Lawyers for Help
If you or someone you know is facing criminal charges, call our New Jersey criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 for a free, private case evaluation.
Many people living in New Jersey and some surrounding states have recently reported seeing drones in the skies. Many are frightened, as the source of so many drones remains unknown as of the writing of this article. Some people, including some elected officials, have encouraged people to shoot down suspicious drones, but this is not a good idea.
You should not shoot down drones, no matter how suspicious they seem. Drones range from small flying toy-like machines to large, sophisticated pieces of technology, and shooting them down comes with risks. Large drones might cause injuries when they crash, or you might miss the drone and accidentally shoot someone or something else. Drones may occupy airspace subject to federal regulation, and you could potentially face federal criminal charges for trying to shoot one down. It is also possible that the drone you shot down was authorized to be in the air, and you might be in big trouble. If you believe a suspicious drone is in your area, report it to the authorities. Do not take matters into your own hands. If you already have, call a lawyer for help.
Call our NJ criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 to get a free, private case review.
Can I Try to Shoot Down Drones with a Gun in NJ?
If you live in New Jersey or a neighboring state, you might have heard about the unidentified drones spotted in the sky. Many are concerned about where these drones are coming from and who is operating them. Some are calling for people to take matters into their own hands and shoot down suspicious drones. While this might be tempting for those who are worried about what the presence of the drones means, do not do it.
Attempting to shoot down or otherwise disable drones is a bad idea, regardless of who is operating the drone. Trying to do so might land you in legal trouble, even if the drone was illegally operated. Remember, there is a good chance the drone you want to shoot down is privately owned. While you might not want to see it in your area, you cannot purposefully damage someone else’s property in most circumstances without legal consequences.
Rather than try to shoot a drone, report it to the authorities. Drones must abide by certain regulations, and people who wish to fly drones often need authorization from the authorities. Report the drone so the police can check to see if anyone is authorized to fly drones in the area. If they are not, the police can take the necessary steps to determine who owns the drone and why it is flying in your neighborhood.
Risks of Shooting Down Drones in NJ
Shooting down drones is a bad idea for several reasons. First, if you manage to shoot down a drone, where will it land? Larger drones might crash and cause serious damage and injuries. You might miss the drone and strike an innocent bystander. The drone might be lawfully operated, and you might be responsible for covering the damages. Our NJ criminal defense attorneys can help you deal with legal consequences if you tried to shoot a drone.
Safety Hazards
If a large drone is shot down, it could cause damage or harm when it crashes. We often think of drones as if they are small toys, but this is not always the case. May drones are very large pieces of high-tech machinery.
You must think about the risk of uncontrolled drone crashes before deciding to shoot one down. Many drones are far larger than they appear when we see them in the sky. While some are about the size of a remote-controlled toy car, others are the size of real cars.
You must also consider where you are shooting. Many areas of New Jersey, particularly in northern New Jersey close to New York, are densely populated. If someone were to try and shoot down a drone, they might miss and hit a person.
Criminal Charges
The drone might be legally operated, and you might face charges related to the destruction of someone else’s property. Drones can be very expensive and often have high-tech equipment that is worth a lot of money.
In addition, you might face federal charges for shooting at aircrafts. Airspace is often heavily regulated by federal law. According to 18 U.S.C. § 32(a), a person who willfully tries to damage, destroy, disable, or wreck any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used for overseas, interstate, or foreign air commerce may be fined and sentenced to 20 years in prison.
Shooting Authorized Drones
You should also consider the possibility that the suspicious drone you want to shoot down is not suspicious at all. Drones are used all the time for legitimate reasons by law-abiding people and organizations. For example, some drones are operated by law enforcement and emergency responders, like search-and-rescue drones. Others might be privately owned drones used for legal, recreational purposes. Damaging these drones might make you legally liable for paying the damages.
What to Do if You Believe You See an Illegal Drone Over NJ
First, we must determine if the drone is illegal. Drones that make themselves clearly visible with operating lights are often not illegal. Drones are usually required to be lit if they operate at night, and drones that abide by this rule are more likely to be legally operated. What is the drone doing? If it seems to be hovering somewhere suspicious, it might be worth reporting to the authorities.
If you are concerned, report the drone. Contact your local authorities to report the drone, but avoid taking matters into your own hands. Do not try to shoot down the drone. It might be legally present and operated for a lawful purpose, and it might even be owned by the state or federal government.
Contact Our NJ Criminal Defense Lawyers
Call our NJ criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 to get a free, private case review.
When charged and facing a criminal trial, the prosecution must prove that you committed the crime you are accused of by introducing evidence of guilt beyond a reasonable doubt. However, defendants might be convicted with illegal evidence if they do not have an attorney to contest it.
Our defense attorneys can explain how the U.S. Constitution allows us to make “suppression” arguments that will keep the evidence out of court. You have a constitutional right against the police’s unreasonable search and seizure, and evidence taken in violation of them can bar the prosecution from using it in your case. Perhaps the police searched your home without a warrant or your car without probable cause. Other times, the police collect illegal evidence by questioning you about the crime without reading your Miranda rights. Our team can file motions with the court to suppress this illegal evidence so that it cannot be used against you.
For a free case review, contact our New Jersey criminal defense attorneys at Law Offices of John J. Zarych today by calling (609) 616-4956.
How Illegal Evidence Can Be Barred in a Criminal Case in New Jersey
The law must be followed by everyone, including the police and prosecutors trying to investigate and prosecute crimes. When they fail to follow the rules and violate your rights, illegal evidence can be kept out of your criminal case under a combination of constitutional and Supreme Court rules.
The 4th Amendment to the U.S. Constitution protects every person, regardless of citizenship, against unreasonable searches and seizures. If illegal evidence is seized during an unlawful search, our New Jersey criminal defense lawyers can argue for “suppression” so that the prosecution cannot use it. If the police did not have a warrant or a recognized exception to the warrant requirement, the judge in your case can suppress the illegal evidence obtained, barring it from being used.
The suppression rule, known legally as the “exclusionary rule,” is not actually stated in the 4th Amendment but was crafted from it by the U.S. Supreme Court in the 1961 case Mapp v. Ohio. The U.S. Supreme Court has also derived other significant rules from the Constitution that can be used to suppress the illegal evidence in your case, such as Miranda rights.
If the court agrees with our suppression arguments, the state will be unable to use the illegal evidence in its prosecution, possibly leading to the court throwing it out. After all, it is difficult to prosecute a drug possession case if the substances were illegally seized and suppressed from the case. Essentially, suppression of illegal evidence punishes prosecutors and the police for violating the accused’s due process rights.
When is Illegal Evidence Suppressed in a New Jersey Criminal Case?
To suppress the illegal evidence against you, we must assess the specific facts surrounding the seizure to determine what the police did or did not do that makes the evidence illegal. To balance the suppression rule, the U.S. Supreme Court has also carved out exceptions to the warrant and probable cause requirements in the 4th Amendment that allow the police to preserve evidence that otherwise would be illegal. However, the police only need to have “reasonable suspicion” to initiate a stop with a suspect. When reviewing your case, we will determine if the grounds discussed below can block the evidence from being used:
Illegal Stops
The police can stop and investigate someone if they reasonably suspect they are committing a crime. Reasonable suspicion is a lower standard than probable cause. The police need probable cause for a warrant and to arrest a suspect but only need to articulate a few facts that reasonably support their basis for a stop. For example, if the police notice someone driving close to the center line without going over, they likely do not have probable cause to stop them, but that might be enough to pull them over for reasonable suspicion of DWI.
If the police do not have at least reasonable suspicion to stop you, any evidence they gather should not be allowed in your case. This evidence is known as the “fruit of the poisonous tree.” The stop itself was illegal, so the evidence obtained from it was also illegal and should not be used against you.
Illegal Arrests
Like how a stop needs reasonable suspicion, an arrest needs probable cause. Without meeting this standard, police cannot legally arrest you or search you (aside from some exceptions). Like with the analysis above, arrests without probable cause can also yield illegal evidence, such as a confession obtained from an illegal arrest.
Warrant Violations Without Exceptions
The police generally need a warrant based on probable cause to search someone’s home. The warrant must also be specific and particularly describe the person to be searched, the places that will be searched, and what evidence they reasonably will be seized.
The only time the police can seize evidence without a warrant is if they have an established exception. The most common exceptions are the moveable property exception, which allows them to skip a warrant to search something moveable like a car or backpack, and “exigent circumstances,” which are emergency situations that make it unacceptable to get a warrant first. If the police heard gunfire in a house or chased a suspect to their door and needed to follow them inside, they can do so. Police can also break down a door and enter if they think evidence is being destroyed inside or someone is in danger.
Once lawfully inside, whether because of an exception or because they had your permission to enter, they can seize any evidence in plain view without a warrant.
Miranda Violations
In the 1966 case Miranda v. Arizona, the U.S. Supreme Court affirmed a suspect’s right to remain silent under the 5th Amendment and the right to an attorney under the 6th Amendment. They also created a requirement that police must warn you about these rights before a custodial interrogation. If they fail to read you your rights or violate these rules, prosecutors should not be allowed to use the evidence.
Call Our Criminal Defense Lawyers in New Jersey for Help Fighting Your Charges
Call the Law Offices of John J. Zarych at (609) 616-4956 for your free case review with our Atlantic City criminal defense lawyers.
