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Anyone facing criminal charges of any severity has an uphill battle ahead of them. Conviction of a criminal offense can result in jail time, substantial fines, community service, loss of certain freedoms, and a variety of other devastating outcomes. While it’s sometimes possible to avoid the worst of these penalties, a conviction will still result in a criminal record that follows you for the rest of your life. Both Superior and Municipal Court cases leave defendants wondering what they should do in their situation. Edison criminal defense lawyers may be able to guide you through these challenges.
At The Hernandez Law Firm, P.C., the legal professionals at our law offices are committed to securing the best possible outcomes for our clients. From traffic offenses to homicide cases, the reality is that a conviction can be disruptive. And while the potential penalties for conviction will vary significantly by the severity of an offense, an unfavorable experience with the criminal justice system will always have lasting ramifications. If you were to speak with all the best criminal defense lawyers in New Jersey, none of them could guarantee a specific outcome in your case.
However, our law firm does guarantee that we’ll work tirelessly to build an aggressive defense and secure a favorable outcome on your behalf. Contact us today for a free consultation.
How Serious Are the Charges Against You?
Those who find themselves in the criminal justice system can have very different experiences. Perhaps the biggest effect on a person’s experience will depend on the level of crime they’re alleged to have committed. A criminal charge classified as an indictable offense could result in years of prison time. Crimes classified as disorderly persons offenses are less severe, but they still carry an extensive maximum jail sentence that could snatch a person out of their lives for months at a time. It’s critical to understand the criminal case against you.
Indictable Offenses
Sexual assault, murder, aggravated assault, burglary, and most crimes classified as felonies in other states are known as indictable offenses under New Jersey law. If charged under any of these statutes, you will find yourself in Middlesex County Superior Court. This is a scary place to be, particularly for those who don’t have an Edison criminal defense attorney on their side. Individuals convicted of these criminal charges will face a minimum prison sentence of one year, but the potential of decades incarcerated is possible in many cases.
Disorderly Persons Offenses
A disorderly persons offense is essentially what a misdemeanor is defined as in other states. Those who are charged under these statutes will have their cases heard in Edison Municipal Court. While this is far less daunting than the Superior Court, any experienced criminal defense lawyer in Edison can attest to the fact that penalties can still be severe. Being convicted can result in six months of incarceration. If there are additional crimes charged or aggravating circumstances, this time could easily compile and result in significant jail time. Don’t make the mistake of thinking this criminal process is minor in nature.
What About “Wobbler Offenses”?
One of the most important reasons to work with an Edison criminal defense law firm — even if the charges against you seem minor — is the potential for “wobbler offenses.” These are criminal offenses that can be charged as either an indictable offense or a disorderly persons offense. In the New Jersey criminal process, prosecutors will try to convince the defendant to plead guilty regardless of the crime they’re charged with.
They’ll often do this with the threat of more serious charges — such as aggravated assault instead of assault — if the accused doesn’t accept the “deal.” Other wobbler offenses include marijuana possession, theft, violation of a protective order, violation of bail, and violation of probation. DWI charges are also wobblers, so it’s important to work with DWI certified criminal trial attorneys.
Do You Need Criminal Defense Lawyers for a Favorable Outcome?
If you’re charged with an Edison disorderly persons offense or indictable offense, you’ll likely eventually ask yourself whether you need an attorney. There are many who believe the obvious answer to this question is “yes,” but it’s understandable if you have reservations. Perhaps you believe that a conviction is unavoidable, and the prosecutor has said you can make your own plea bargain without spending money on an attorney. Maybe you’re fine with a public defender, and you honestly believe they can offer a solid and strategic defense. Then again, you might just believe that the jury will clearly side with you.
Unfortunately, each of these assumptions can lead to unnecessarily negative outcomes. For instance, a prosecutor is going to overstate the strength of their case — regardless of the legal matter in front of them. The reality is that there’s no such thing as an “open and shut” case in Edison Township. Even if the evidence against you is undeniably overwhelming, the reality is that this doesn’t guarantee a conviction. Errors on the part of police, investigators, evidence technicians, prosecutors, and others can result in damning evidence being declared inadmissible.
Of course, there will be instances where a conviction might be unavoidable. Having an Edison criminal defense attorney represent you in these cases can still prove beneficial. Legal professionals know how plea negotiations work, and at The Hernandez Law Firm, we’ll fight for the most favorable outcome when a conviction is unavoidable. However, such convictions are often avoidable — but for those who opt to take on the government by themselves, criminal cases typically end badly. Innocent people go to jail all the time, so make the right decision and work with an experienced attorney.
Should You Accept a Plea Deal?
If you’re arrested for a crime in Edison, New Jersey, there’s a high probability that the Middlesex County Prosecutor’s Office will offer you a plea deal. In courtroom drama and police procedural television shows, this is often an in-depth negotiation that takes place behind closed doors. In real life, it’s sometimes nothing more than the prosecutor telling the defendant in court that they’ll charge them with assault instead of aggravated assault if they simply agree to plead guilty. Often, they’ll make these deals seem too good to pass up — particularly for violent crimes. So, should you accept?
If you do a bit of research, you’ll find that the overwhelming majority of criminal cases are resolved with plea negotiations. This is a common reality in the criminal system. However, former Middlesex County prosecutors can tell you that such deals are not always fair. In some cases, prosecutors will overcharge an individual to scare them into accepting a guilty plea for a lower-level offense. After all, the difference between a third-degree and first-degree crime could be the difference between years in prison or years on probation. It’s important that you don’t fall for such tactics.
When plea deals are appropriate, it’s advisable to have Edison criminal defense lawyers handle negotiations on your behalf. They can make sure the prosecutors do not take advantage of you. However, don’t fall into the trap of thinking that a plea deal is your only option. As it turns out, an experienced criminal defense attorney in Edison can utilize a variety of different legal strategies to help defendants avoid convictions.
What Strategies Do Edison Criminal Defense Attorneys Utilize?
When you schedule a free consultation with our law office, we’ll explain the process that’s ahead of you. We’ll touch base on everything from your preliminary hearing to potential penalties. However, one of the most important things we’ll discuss is your legal defense strategy. New Jersey courts are meant to ensure justice is served, but far too often, they seem more like conviction mills. That’s why it’s critical to pay attention to the potential defense strategies that could result in charges being dropped or thrown out at trial.
Some of the most common defenses — for everything from an ordinance violation to sex crimes — include the following:
- Lack of probable cause for arrest
- Problems with evidence collection
- Constitutional violations
- Consent of the alleged victim
- Coercion or duress
- Entrapment
- Alibi
- False allegations
- Improper arrest procedures
- Problems with the testing of evidence
- Self-defense or defense of others
- Failure to read Miranda Rights
- Lack of criminal intent
- Diminished capacity
- Statute of limitations expiration
While each of these defense strategies can be effective at avoiding a conviction, you should never forget that they’re not one-size-fits-all. Far too many defendants do a quick internet search and think, “Hey, they didn’t read me my rights — so they have to drop the charges!” Unfortunately, this is not always accurate. In fact, many of the assumptions that people have about the justice system are based on half-truths and misinformation.
The simple fact is that Edison criminal defense attorneys are experienced and knowledgeable in identifying the right legal strategy for specific cases. At The Hernandez Law Firm, we will work hard to build a solid legal defense — and for many cases, we offer flat fees rather than hourly charges. Our focus is justice; not trying to get rich. Contact us today to discuss your case.
Contact an Edison Criminal Defense Lawyer Today
From traffic offenses to drug crimes and from simple assault to homicide, the New Jersey criminal justice system is quite complex. Offenses can fall into a variety of categories, and some may even fall under multiple categories. All Edison criminal attorneys can attest to the fact that navigating the system is challenging, but those who choose to do so without an experienced criminal defense lawyer will frequently find themselves on the wrong side of a conviction. The reality is that public defenders are overworked and underpaid, so working with a private law firm is advisable.
At The Hernandez Law Firm, P.C., we understand the difficulties and stressors that you’re experiencing. We handle criminal defense cases every day, so we know what it takes to win. Our law offices are filled with dedicated legal professionals whose primary goal is serving the best interests of our clients. There will be times when plea negotiations are appropriate, and if that’s the case, we’ll fight to secure the best possible deal on your behalf. However, we’ll never accept an unfair deal just to get your case resolved quickly. Our goal is to get a favorable outcome for each of our clients.
Contact us at (732) 582-5076 to schedule your free consultation.