The criminal justice system is not something that should be taken lightly. If you have been accused of a crime, the accusation can have huge impacts on your life. Even minor crimes can carry penalties that significantly restrict your freedoms.
Fortunately, our attorneys can help guide criminal defendants through the legal system. Our experienced legal team will fight to protect the rights and liberties of the accused.
Reach out to our experienced team of criminal defense attorneys at the Law Offices of John J. Zarych today by calling (609) 616-4956.
Why Hire Our Lawyers for Your Criminal Defense Case in Cumberland County, NJ?
Technically, you may represent yourself in a Cumberland County criminal case. However, defending yourself against a criminal accusation can be very difficult without help from our lawyers.
Complex Criminal Procedures
If you choose to represent yourself, you will be held to the same standards as attorneys who have spent years studying case law, analyzing legal rules, and practicing courtroom etiquette. You must understand how to talk to a judge, communicate with opposing counsel, receive discovery, write motions, and file various documents. All the pressure will be on you.
By hiring our criminal defense lawyers, you will receive crucial support and guidance in navigating the legal process. During your free case assessment, our team can explain the proper course of action in your case. Afterwards, our attorneys will help analyze evidence, build your defense, and negotiate with other parties.
Assessing Evidence and Facts
When building your case, your attorney will need to assess all the facts and evidence. This can be a large, complex task, and you may not be equipped to handle it on your own. Not only may your attorney gather evidence themselves to fight the charges, but they may also need to review all the evidence they obtain during the discovery phase.
During the discovery phase, both parties must share all relevant evidence and information. This allows everyone to build the strongest cases possible. This is a crucial step in the trial, and your attorney should know what to do.
Applying the Law to the Facts of Your Case
Not only should your attorney have the experience to know what kind of evidence to look for and how to use it, but they should also know how to apply the relevant law to the facts of your case. Each case is unique, and how the law applies to each case may vary based on the facts and circumstances. Understanding how the law applies to your case is key to developing the most effective defense strategy.
Get a Lawyer Before Talking with Police in Cumberland County
If you were arrested for a crime in Cumberland County, then you will likely be transported to a nearby police station, where you will be detained and potentially questioned.
Custodial Interrogation
While questioning by the police can be intimidating, you should not lose your composure. You may feel obligated to answer all their questions and comply with their requests, even though you do not have to.
Your Miranda Rights
Accordingly, you should call our criminal defense lawyers as quickly as possible after being arrested in Cumberland County, NJ. You do not have to say anything to the police without your lawyer present. After arriving to assist, our attorneys can help protect your interests and explain the appropriate steps to take. Our experienced legal team can also help prevent you from providing self-incriminating information while detained.
Ways You Can Challenge Criminal Charges in Cumberland County, NJ
Your defense should be tailored to your needs and facts, but some defense methods are so effective that they come up in many different cases.
Undermining Criminal Elements
When prosecutors present their evidence, they must prove each criminal element of each charge beyond a reasonable doubt. This is a very high burden of proof and not easy to meet. If we believe there is any criminal element, even just one, that cannot be sufficiently proved, we may focus our defense efforts on that.
Pre-Trial Motions
We might also focus on steering the case by filing pretrial motions. These motions may be used to convince the court to prevent certain evidence from being used against you, especially if it was seized illegally or does not conform to the New Jersey Rules of Evidence. Filing pretrial motions may help us gain greater control over the case and build a stronger defense. Remember, the prosecutor will be working against us every step of the way.
Plea Bargains with Prosecutors
If we cannot overcome the evidence, we might instead focus on reducing charges and penalties through a plea agreement. In exchange for a guilty plea, the prosecutor may offer to reduce the charges. This way, you plead guilty to a lesser offense and may receive a more lenient penalty.
Charges Our Criminal Defense Attorneys Can Fight in Cumberland County, NJ
Our criminal defense lawyers can help defendants fight charges for many different crimes. The following are examples of charges our attorneys can defend against in Cumberland County.
Driving While Intoxicated (DWI)
Driving While Intoxicated (DWI) is a common charge filed against defendants in Cumberland County. Those charged with such a crime may face criminal penalties, including fines and license suspensions. Certain offenders may even face jail time.
Even when you think you are sober, an officer’s breathalyzer test may determine otherwise. There are also separate offenses that can be filed against those who refuse breathalyzer tests.
Disorderly Conduct
Disorderly conduct is another charge frequently filed against defendants in Cumberland County. Generally, this offense is applied to cases where defendants are accused of engaging in activities that disturb the peace. Such behavior may include actions that are considered offensive, boisterous, loud, or dangerous. For example, someone who inappropriately sets off fireworks inside a hotel may be charged with disorderly conduct.
In most cases, disorderly conduct charges will constitute disorderly persons offenses. These charges are slightly less serious than charges for indictable crimes. However, an accusation of disorderly conduct can still seriously disrupt your life.
Drug Crimes
Additionally, our lawyers can assist defendants in drug crime cases. There are many different types of drug crimes that people can be accused of. For example, you can be charged with simple possession for having drugs on your person. You can also be charged with drug crimes like manufacturing, distributing, and smuggling.
The criminal penalties you face for a drug crime can vary depending on several circumstances surrounding your actions.
Resisting Arrest
Resisting arrest is another criminal charge that our legal team can help defend against. This accusation is typically made against people who fail to comply with police officers’ directions or requests during arrests. For example, someone may be charged with resisting arrest if they tried to pull away from an officer while the officer attempted to apply handcuffs.
Officers often classify many actions as resisting arrest, even when they are natural in the circumstances, so these charges are often added to other charges in surprising situations.
What to Do After Being Charged with a Crime in Cumberland County, NJ
After you are charged with a crime, contact a lawyer immediately and review your situation with them to start building a solid defense.
Contact a Lawyer
If you were charged with a crime in Cumberland County, NJ, you should seek assistance from our local attorneys. Hiring our attorneys will be advantageous because our team is familiar with the local regulations applicable to criminal cases. Our team can efficiently and effectively build your case and present your defense.
Out-of-State Defendants
Furthermore, you should contact our attorneys if you were charged with a crime in Cumberland County while an out-of-state resident. Each state certifies its lawyers independently. If a lawyer does not have a license to practice in New Jersey, then they cannot represent criminal defendants in our state’s courts. Our lawyers are likely more familiar with local judges and court rules than out-of-state attorneys.
Our experienced criminal defense lawyers are qualified to handle cases filed in both state and federal courts. If you were accused of a crime in Cumberland County, then you should call our law firm for help fighting your charges.
FAQs About How to Fight Criminal Charges in Cumberland County, NJ
What Happens During an Arrest?
When you are arrested, the police may take you into custody from almost anywhere. They may show up at your home, job, or even approach you in public. It is a good idea to cooperate, avoid resisting the arrest, and generally comply with the police. However, you should avoid answering questions from the police until your lawyer is present.
What if I am Arrested for a Crime I Did Not Commit?
Sometimes, the police mistakenly arrest the wrong person. You might know that you are innocent, but the police do not. In fact, they believe the opposite. Even if you know you are innocent, you must not resist arrest. Resisting arrest may only result in additional legal penalties. You should cooperate with the police and contact your attorney.
When Do I Need to Call a Criminal Defense Lawyer?
You need to call a criminal defense attorney as soon as possible. If you are arrested, call your lawyer before you answer questions from the police during custodial interrogation. If you have not yet been arrested but believe you may be soon, contact a lawyer now so they can help you prepare for what lies ahead.
How Do I Invoke My Right to Remain Silent After Being Arrested?
Your rights do not kick in automatically. You must assert them for them to be effective. It is important to be clear and direct when asserting your rights. Saying you think you might need a lawyer does not effectively invoke your right to an attorney. Do not be afraid to be loud and clear. State very clearly, “I want a lawyer, and I will not be answering any questions until they are here.”
When Will I Be Released After Being Arrested?
Generally, the police may not detain a suspect for more than 48 hours without prosecutors pressing charges. If this time passes and no charges have been filed, the police must release you. If you are charged, you must be brought before a judge within 48 hours of your arrest. If you are held longer than this, tell your attorney immediately.
Can I Fight Criminal Charges in Court?
Yes. When you are charged, the wheels of justice immediately begin to turn. Many hearings may be scheduled, including a trial. While your case might not necessarily end with a trial, you almost always have the option of fighting your charges in a trial.
What is a Diversion Program in Cumberland County, NJ?
There are various programs you may be eligible for, depending on your circumstances and charges. These programs are generally reserved for first-time offenders. You may be ordered to participate in certain rehabilitative programs, and if you complete them, your charges may be dropped.
How is Sentencing Determined in a Criminal Trial?
Sentencing is sometimes hard to predict because it may be somewhat adjusted for each defendant. While statutes may set specific sentencing requirements, state sentencing guidelines allow judges to adjust sentences based on a range of factors specific to each case. As such, sentencing can be complex.
Do Criminal Trials Take a Long Time to Complete?
Criminal trials are often faster than civil trials, which are known for taking a long time. A trial for relatively minor charges might be completed in a few days or a week. A more complex trial could take at least a week or even several weeks. Some rather high-profile trials have taken much longer, but these are outside the norm.
How Do I Get Criminal Charges Dropped or Dismissed?
Your attorney may help you have criminal charges dropped or dismissed if the evidence is insufficient to secure a conviction. Prosecutors may choose to drop the charges if they know they have a losing case. Similarly, a judge might dismiss the charges for insufficient evidence or because your rights were severely violated.
Call Our Attorneys for Help Fighting Criminal Charges in Cumberland County, NJ
If you were accused of a crime, seek support from our experienced criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
