(732) 582-5076Experienced Legal Professionals Fighting for the Rights of Our Clients
Being charged with criminal offenses can be devastating to a person’s life. Unfortunately, such devastation is occasionally a surprise to those who face it. After all, prosecutors frequently say they’ll offer leniency. However, a criminal record for even minor offenses can affect a person’s ability to obtain employment, housing, education, and even new personal relationships. Put simply, anything from simple assault to homicide can have lifelong repercussions on a person’s life. Fortunately, there is another way. Middletown criminal defense lawyers may be able to help.
At The Hernandez Law Firm, P.C., we’ve seen how badly criminal charges can affect a person’s life. New Jersey law is incredibly strict, and individuals charged with even the most minor crimes could find themselves incarcerated, facing significant fines, unable to drive, and dealing with many other legal penalties. When you’re up against a system that’s focused on making you a convict, it’s absolutely critical to have a skilled criminal attorney on your side. No law office can guarantee a specific outcome, but our legal team promises to provide dedicated advocacy and to always work in your best interests.
If you’re facing a criminal charge, contact us today to schedule your free consultation.
Do You Actually Need a Middletown Criminal Defense Attorney?
A skilled defense attorney in Middletown Township offers a variety of benefits for individuals facing criminal charges. From handling plea negotiations to building a defense strategy for trial, these legal professionals are often well worth the investment. However, there are those who question whether they need an attorney. Perhaps you’re not accused of major crimes, and the prosecutor promises leniency. Then again, maybe you’re just convinced that a conviction is unavoidable — and in these situations, can’t you accept a plea deal just as easily as an attorney can?
In reality, these lines of reasoning frequently result in unnecessary consequences for defendants in Middletown, NJ. Regardless of the evidence secured in criminal matters, there is no guarantee that the prosecutor can prove their case. In many instances, simple errors by police officers or prosecutors can make evidence inadmissible. Unfortunately, those who accept plea deals without the help of a Middletown criminal defense attorney may find themselves facing the harshest penalties — completely unaware that they were entirely avoidable.
There are also individuals who believe that the evidence alone will secure their freedom. They’re convinced that the prosecution’s case is weak, so they believe a jury will decide in their favor. Unfortunately, these are the individuals most likely to face jail time. Wrongful convictions are a major problem in America, and when defendants make prosecutors take a case to trial, those prosecutors will frequently seek the most severe penalties possible. Even if you’re not accused of violent crimes, the government will come down hard. An experienced criminal defense lawyer can help fight back.
What Should You Do After Being Arrested?
If you’re facing serious criminal charges, you’re likely to be arrested. This begins a long and scary process that will either result in conviction or exoneration. The latter can come in many forms, ranging from charge dismissal to a not-guilty verdict at trial. However, all the criminal defense attorneys in Middletown, New Jersey will tell you that the eventual conclusion of your case can heavily depend on what you do immediately after arrest. The prosecution will jump at any chance to take advantage of your mistakes, so it’s important to avoid making them.
There are several steps you can take after an arrest to accomplish this:
- Remain calm and cooperate
- Always exercise your right to remain silent
- Do not resist arrest, even if you’re innocent
- Immediately ask for an attorney
- Document everything you remember about the arrest
- Avoid discussing your case with anyone, including cellmates and family
- Understand the charges against you
- If possible, gather contact information for witnesses
- Follow the legal advice of your attorney
- Attend all court appearances as required
Drug offenses, sex crimes, homicide, and other serious crimes lead to serious consequences. However, seemingly minor offenses can also be disruptive. Making a mistake after being arrested can increase the odds of facing such serious penalties. In some instances, these errors may even result in increased charges. While there are important steps you need to take on your own, an experienced criminal defense lawyer in Middletown, NJ can guide you through this process and make sure you’re taking the right steps.
Contact The Hernandez Law Firm today for a free case evaluation.
How Does the Severity of a Criminal Offense Affect the Process?
When someone is accused of a crime in Middletown Township, there are two courts they might find themselves in. The first is Middletown Municipal Court. This is where disorderly persons offenses end up. Unfortunately, you might also find yourself in Monmouth County Superior Court. Crimes handled here are more serious indictable offenses. Unfortunately, New Jersey criminal charges can fluctuate based on the circumstances of a crime. Prosecutors can often charge the same offense as either indictable or a disorderly persons offense.
Upgrading charges is a common tactic in criminal cases to secure a plea deal. Regardless of how your crime is charged, it’s important to understand what you’re up against.
Indictable Offenses
Criminal law in most other states would refer to these as felony offenses. When Monmouth County prosecutors opt to charge someone with an indictable offense, it’s because they’re seeking the harshest penalties possible. Murder, child pornography, rape, aggravated domestic violence, and other serious offenses fall into this category. A criminal conviction under these charges could result in decades of prison time.
Of course, not all criminal charges in this category will result in prison terms of 10 years or more. In fact, judges have a significant amount of discretion when it comes to sentencing. In many cases, they’ll take the prosecutor’s recommendation, which is one reason plea negotiations are often used. However, these crimes typically do come with a minimum prison sentence of one year. More serious charges will have more substantial minimal incarceration terms.
If you want to avoid such an outcome — potentially having charges reduced or thrown out altogether — it’s important to speak with Middletown criminal defense attorneys.
Disorderly Persons Offenses
When the Monmouth County Prosecutor’s Office charges someone with a disorderly persons offense, they’re essentially accusing them of a misdemeanor crime. NJ criminal law treats these allegations as less serious than indictable offenses, but that doesn’t mean the consequences of a conviction won’t be serious. After all, some of these crimes can result in jail time of up to six months. Can you imagine what that amount of time spent incarcerated can do to a person’s life? Unfortunately, a conviction can disrupt someone’s life even without jail time — so make sure you have a legal advocate on your side.
When Is Accepting a Plea Deal the Right Decision?
What you’ll find at many law firms is that criminal lawyers frequently engage in plea negotiations. This can be a good thing — or it can be extremely negative. In some instances, a lawyer may truly believe that negotiating a plea deal is in their client’s best interest. In other situations, a legal professional may have minimal experience as a criminal trial attorney, so they might prefer to get a plea deal and move on with their lives. The latter of these situations is a terrible outcome, and it’s exactly why you should always work with a trial attorney.
However, just because a lawyer has experience at trial doesn’t mean a trial is the right decision. When someone is accused of a criminal offense and a conviction is clearly unavoidable, plea negotiations offer the opportunity to avoid the most severe consequences. This might be a wise decision if there’s clear video evidence of a crime and police officers did their jobs “by the book.” However, you should never assume that a conviction is imminent. By allowing a Middletown Township criminal defense attorney to review your situation, they can identify potential weaknesses in the prosecution’s case.
There are several things that plea negotiations can accomplish. For one, it may be possible to have charges reduced. The difference between assault and aggravated assault could be a reduction in fines, reduced probation, and even the avoidance of time spent incarcerated. It’s also possible to negotiate a more beneficial sentence. For instance, aggravated sexual assault can be punished with 5-10 years in prison. While a lengthy prison sentence is never ideal, isn’t five years far preferable to ten? Plea negotiations are a powerful tool, but our law firm will work to have charges dismissed.
What Legal Defenses Do Criminal Defense Lawyers Use?
When you work with a Middletown, NJ criminal defense attorney, there are various legal strategies they might use. In reality, such strategies can be used even by individuals who decide to represent themselves. Unfortunately, this often results in negative outcomes. There’s an old saying that states, “A person who represents themselves has a fool for a client.” This is why even attorneys who are charged with criminal allegations will hire a lawyer for their case. Still, it’s essential to understand the potential legal defenses available to you.
Many of these defenses will work for crimes ranging from traffic tickets to homicide, but they are not one-size-fits-all:
- Defendant has an alibi
- False allegations
- Statute of limitations has expired
- The alleged act was an accident
- Involuntary intoxication
- Insanity defense
- Constitutional violations
- Lack of probable cause
- Entrapment
- Lack of intent
- Self-defense or defense of others
- Insufficient evidence
- Mistaken identity
- Crime of necessity
- Failure to read Miranda Rights
Whether charged with a Superior or Municipal Court offense, a solid legal defense strategy is critical for avoiding the most severe consequences. However, you can’t simply bring up all these defenses at trial and hope for the best. This is why working with Middletown criminal defense attorneys is so important. A legal professional can review your case and identify the best possible legal strategy. Police officers, prosecutors, and the entire trial division are focused on convicting anyone charged with a crime. It’s important for you to have a dedicated legal advocate on your side.
Contact our law firm today for your free initial consultation.
Contact a Middletown Criminal Defense Lawyer Today
Whether you’re charged with traffic offenses, sexual assault, murder, or anything in between, it’s important to understand what you’re up against. While it’s admirable to put trust in the system, former Monmouth County prosecutors can attest to the fact that justice is not always served. Innocent people go to prison, evidentiary rules are violated, judicial misconduct occurs, and, put simply, unfair outcomes happen all the time. Anything from indictable to disorderly person offenses can create repercussions that last a lifetime, but you don’t have to face these difficulties alone.
At The Hernandez Law Firm, P.C., our legal team has seen the best and worst of the legal and court system. Legal travesties happen with both adult and juvenile offenses, and the simple fact is that the deck is stacked against individuals accused of crimes. That’s why our law offices are committed to helping those who are up against the system. Unlike many other Middletown criminal defense lawyers, our law firm offers a free initial consultation so you can get a better idea of what you’re up against. No one should have to make life-altering decisions without first consulting with a legal professional.
Contact us at (732) 582-5076 for your free consultation. Our criminal attorneys are here to assist.