(732) 582-5076Aggressively Defending Our Clients to Secure Favorable Outcomes in Court
If you’re facing criminal charges, you’re probably wondering what comes next. Should you agree to a plea deal? Do you need an attorney? Is there any way to avoid conviction for criminal offenses? These are all important questions, and how you answer them could affect the trajectory of your life. Even if you’re able to avoid the most severe legal penalties, a criminal record can disrupt everything you’ve worked for and the potential you have in your life. Fortunately, this is not a fate you have to accept. Ocean County criminal defense lawyers may be able to assist.
At The Hernandez Law Firm, our dedicated legal team handles a variety of criminal matters. We’ll review your case and help you decide how to move forward. When you visit our law offices, you’ll immediately know that you have a tireless advocate on your side who will fight to secure a favorable outcome on your behalf. Prosecutors are going to try to make your life difficult. Even if they promise leniency, the reality is that they’ll typically try to maximize any potential penalties you’ll face. Our New Jersey law firm will fight to prevent this — both in and outside of court.
Contact us today for your free initial consultation.
Why Do You Need a Criminal Defense Attorney in Ocean County?
When you look at the statistics, one may question how criminal lawyers stay in business. After all, up to 90% of defendants accused of misdemeanor and felony offenses use public defenders. Of course, this may also explain why over 90% of criminal convictions occur due to plea deals rather than losses in court. Still, there are many reasons to question whether you should hire an Ocean County criminal lawyer. Perhaps you’re certain that a conviction is unavoidable, so you’re willing to accept a plea deal from the prosecutor. Then again, maybe you’re certain that you’ll win in court due to a lack of evidence.
The reality is that both of these assumptions will typically prove incorrect. Even if prosecutors seem to have an overwhelming amount of evidence against you, there’s no guarantee that they can win their case. In many instances, this is exactly why they offer plea deals in the first place. If your legal representation can identify a single oversight by police or prosecutors, it’s possible that none of their evidence will matter. That’s why you should consider hiring an experienced attorney in the private sector who will work to defend you.
What if you’re in a situation where you’re certain that the evidence against you cannot secure a conviction? Unfortunately, this often will not matter. Did you know that some estimates put the number of wrongfully convicted individuals at 15% in America? This is a terrifying statistic that takes a significant human toll. People have been known to sit in prison for decades for crimes they did not commit. Fortunately, this risk is greatly reduced for those who work with an Ocean County criminal defense attorney. Contact our law firm today for a confidential consultation.
Will Your Case Be Heard in Ocean County Superior Court?
If you’re arrested in Toms River Township or the surrounding area, there are two courts where your case might be heard. This will differ for juvenile offenses, but individuals charged with adult criminal acts will either go to Municipal Court or Superior Court. A bit of internet research will show significant differences between these two. While both can result in severe consequences, Superior Court is where the most serious cases are heard. When speaking with former prosecutors, one quickly learns that the state often uses the threat of more serious allegations to secure plea deals.
How the prosecutor decides to charge the alleged offense will dictate which court your case is heard in:
Indictable Offenses
These are the most serious crimes under New Jersey law. In other states, these would be referred to as felony offenses. When charged with an indictable offense, your case will be heard in Superior Court. Such crimes could include robbery, homicide, rape, domestic violence with a weapon, and other crimes that would fall under the felony category in other states. If a violation of U.S. law occurs during the commission of a crime, these cases can result in far more severe penalties in federal courts.
Disorderly Persons Offenses
New Jersey law defines misdemeanor offenses as disorderly persons offenses. These allegations are certainly less serious than indictable offenses, but they can still result in significant penalties. In fact, a conviction for such a crime could result in jail time of up to six months. That’s why you should consider hiring a criminal defense lawyer in Ocean County before making any important decisions. With potential jail time, fines, probation, social stigma, and other potential outcomes of a conviction, there really is no such thing as a “minor crime” under New Jersey law.
What Are Legal Defenses for Criminal Allegations?
Whether you find yourself in Ocean County Superior Court or Municipal Court, it’s important to understand that you have rights. One of these rights is due process, and that means the government must let you present a legal defense. Unfortunately, many people choose to take on this monumental task on their own — and they often do this based on a misunderstanding of the law. For instance, it’s not uncommon to see defendants claim they shouldn’t be charged with criminal offenses because they were not read their Miranda Rights.
While this might work in police drama television shows, it’s typically not effective in real life. The Miranda Warning is usually only necessary if police plan on questioning you. While Miranda Rights violations can sometimes result in a case being thrown out, many other legal defenses may prove more effective in your case:
- No probable cause for arrest
- Mistaken identity
- Insufficient evidence to secure a conviction
- Improper arrest procedures
- Constitutional rights violations
- Self-defense and defense of others
- Entrapment
- Coercion and duress
- Insanity defense
- Lack of intent
- Defense of property
- Diminished capacity
- Alibi
- Statute of limitations expiration
- False allegations
Each of these legal defenses has proven successful at defending individuals charged with both minor and serious crimes. From traffic citations to first-degree murder, the burden of proof always rests on the government. Some people may view Ocean County criminal defense lawyers in a negative light because they believe attorneys help guilty people get away. This isn’t the case at all. It’s a lawyer’s job to ensure the government proves its case, and if it cannot effectively do so, then a conviction is not appropriate. This protects the rights of everyone — guilty and innocent alike.
At The Hernandez Law Firm, we take our commitment to our clients and the sanctity of the justice system seriously. New Jersey law can be strict, but we’re here to fight on your behalf. Reach out to our law offices today to learn how we can help.
Contact an Ocean County Criminal Defense Lawyer Today
When the Ocean County Prosecutor’s Office decides to press criminal charges, things can quickly get difficult for their target. Without a criminal defense team on their side, defendants are often left with overworked public defenders representing them. In the overwhelming majority of these cases, defendants accept a plea deal along with whatever punishment the state deems appropriate. Any former prosecutor will tell you that this is a recipe for significant disruption to your life and livelihood. That’s why hiring a criminal lawyer is so important.
At The Hernandez Law Firm, it bothers us when we see attorneys trying to rush through cases so they can move on to the next one. While this tactic may increase their law firm’s profit margins, it doesn’t typically result in the best possible outcome for their clients. When you visit our law office, you’ll meet with an aggressive criminal defense attorney in Ocean County whose primary focus is securing an outcome that’s in your best interest. From criminal mischief to homicide cases, we’re here to fight on your behalf. Contact us at (732) 582-5076 for your free consultation.