Criminal Lawyer Newark

Know Your Rights Before an Arrest

Criminal Lawyer Newark

A criminal lawyer Newark, New Jersey residents call when they have been accused of a crime, may be the best defense you have against a conviction. At Rispoli & Borneo, P.C., we believe that our lawyers have a responsibility to protect people’s rights. This is especially true when law enforcement and government agents overreach their power and violate the rights of a client. Rest assured we aim to ensure the rights of our clients are respected and that they are treated fairly during any proceedings.

If you have been arrested and charged with a crime, don’t hesitate to call Rispoli & Borneo, P.C. to speak with a criminal lawyer Newark locals recommend and who you can trust.

The Importance of Knowing Your Rights

As a seasoned criminal lawyer in Newark can tell you, the US criminal justice system is complex, continually evolving, and potentially intimidating. All too often a person who is arrested believes they will certainly be convicted and sentenced. This can make them vulnerable and prone to incriminating themselves by law enforcement officers who have one goal in mind: to prove guilt. Knowing your rights and insisting they are respected by law enforcement officers can make a huge difference in your case and its outcome. Sometimes, this knowledge can allow you to avoid being arrested or charged. But never hesitate to call a Newark criminal lawyer from Rispoli & Borneo, P.C. who can oversee events and protect your best interests.

Before You Are Arrested

Due to emotions, adrenaline, and confusion, it is easy to give up your rights during a police stop or arrest without even realizing it. To make matters worse, police might say things in an attempt to convince the suspect to make self-incriminating statements. Evidence could be exaggerated, the officer might lie and tell the suspect that another person has implicated them, or they might insist that he or she will be treated easier if they consent to a search or confess to the crime.

Unfortunately, the court system has called these deceptive interrogation tactics as being acceptable. However, you do not have to fall victim to them. In fact, the only legal thing you need to provide the police with is your identification. You do not have to subject yourself to questioning unless you are subpoenaed by a judge.

For instance, if you are approached by law enforcement on the street and they want to know what you were doing in the last hour, you are not obliged to answer. Should they have reasonable suspicion that you were involved in a crime, they might ask to take you to the police station. You can now ask them whether or not you are under arrest, and you should. Unless you are under arrest, you do not have to go.

It is important that you remain polite and do not scream, shout, make threats, or become violent. You are better off contacting criminal lawyers Newark respects rather than resisting arrest.

Your Rights Following an Arrest

If you have been arrested, you have Miranda Rights which give you a snapshot of what can and cannot be done upon arrest. It also notes what powers the authorities have and do not have against you. Unlike in the movies, you might not be read your Miranda Rights until you are at the police station. This will be dependent on the circumstances. Your Miranda Rights are as follows:

  • You have the right to remain silent.
  • Anything you say can and will be held against you in a court of law.
  • You have the right to an attorney; if you cannot afford an attorney, one will be provided for you.
  • You may choose to have your attorney present during interrogation.

Once these rights have been read, police are obligated to respect them. They cannot order you to answer questions or force you to sign a confession or anything else. You also have the right to call a lawyer, a family member, or a friend. Keep in mind that it is not legal for police to listen to phone calls between you and a lawyer, but they can do so when you are calling friends or family.

Things to Consider

Although the aforementioned is generally true, there could be special circumstances that apply to your situation. Your state laws might also vary, but what always remains true is your Miranda Rights. Our criminal lawyer in Newark can provide you with more detailed information specific to your unique situation.

When Police Request a Blood Test

An experienced Newark, New Jersey criminal lawyer will call law enforcement actions into action when they violate the rights of a client. At Rispoli & Borneo, P.C., we do this on a regular basis because it’s a sad fact that without quality legal representation, justice may not be served. We have served the Newark community since 1994 and continue to successfully guide the accused through the complex and troubling legal system. If you were charged with a crime, contact us. We may be able to help you as well.

Our Newark criminal lawyer can meet with you in person or over the phone to learn about your case. We do not charge for the initial consultation. At that time you can gain a clearer understanding of how Rispoli & Borneo, P.C. can protect your rights. Do not agree to anything until you have first spoken with our criminal lawyer in Newark.

State Laws Regarding Requirements to Submit to Blood Test

Across the U.S., state laws vary when it comes to a private citizen’s legal requirement to submit to a law enforcement officer’s request for a blood test. Even within the same state, it can vary depending on the scenario and circumstances. Due to these discrepancies, it’s not uncommon for a police officer or law enforcement agency to overstep their legal bounds. A Newark criminal lawyer can either prevent these unlawful actions or else prevent tainted evidence from being used against you. In rare cases, it may also be prudent to seek legal recourse against a law enforcement agency from false imprisonment which may be based in part from illegally gained results from a blood test.

Typical Scenarios in Which a Blood Test May Be Requested by Police

Our criminal defense attorney stays abreast of all current and impending changes to state and federal legislation that dictates an individual’s rights, as well as the recognized rights of law enforcement. Depending on the current laws of the state of New Jersey, law enforcement agencies may be authorized to request a blood test in any of the following circumstances:

  1.       When an individual is suspected to have operated a motor vehicle while driving under the influence (DUI) and has been admitted to a hospital or other type of medical facility, a police officer under these circumstances can request a blood test if a urine or breath test is not practical or possible.
  2.       When an individual was the driver of a vehicle involved in an accident and:
  3.       Their healthcare provider who was treating them took a blood test that indicates a blood alcohol content (BAC) higher than the legal amount and;
  4.      They notified the police, then
  5.       A police officer can request a blood sample from the driver of the vehicle.
  6.       When an individual was the driver of a vehicle involved in an accident and the police determine that driver caused the serious injury or death of another individual as a result, that driver may be compelled to comply with a blood test.
  7.       When an individual is suspected to have been DUI and they consent to a blood test.

Before you consent to a blood test, contact Rispoli & Borneo, P.C. and speak to a criminal lawyer Newark clients recommend about how we can protect your rights.

Protecting Your Rights

It will be important to retain a criminal defense lawyer who can guide you through the process. One of our attorneys can build your defense, negotiate the charges against you, and protect your rights. For a free consultation with a criminal lawyer Newark offers from Rispoli & Borneo, P.C. call today for a free initial consultation.

What is a Plea Bargain?

Criminal Lawyer NewarkA criminal lawyer Newark defendants turn to from Rispoli & Borneo, P.C. may be able to reduce your charges through plea bargaining. Plea bargaining is a fairly controversial part of the criminal justice system, but there are many reasons why many defendants seek them. In certain cases, a plea bargain can be beneficial for all parties involved. However, it’s important to know that there are serious consequences involved with any plea bargain. If you’re facing criminal charges and you’re considering a plea bargain, you’ll likely want to talk with a criminal lawyer in Newark from our firm for more information about how it could affect your future. In the meantime, here’s a brief look at what the plea bargaining process entails.

Plea Bargains: What Are They?

A plea bargain is essentially an agreement between the criminal lawyer Newark locals choose to represent them and the prosecution before a case goes to trial. In a plea bargain, the defendant pleads guilty (or “no contest”) to the charges, and the prosecuting attorney gives the defendant something in exchange, such as dropping one or more of the charges or reducing one or more of the charges. The exact exchange depends heavily on the circumstances of the case. You will need to consult a Newark criminal lawyer to learn more about the possibility of a plea bargain for your case.

Why are plea bargains arranged?

There are several reasons why defendants and prosecutors may choose to engage in plea bargaining. A criminal case can take weeks, months, or even years to go to trial. Once it goes to trial, the case can last for days, weeks, or months. All of this costs a great deal of time and money for both sides. For a prosecutor, a plea bargain is a way to save time and money while still obtaining a guilty verdict which is a win for them.

Plea bargains may also be beneficial for defendants who know that they are guilty of the charges and do not wish to go through a court trial. Defendants facing multiple charges and/or serious sentencing might find that a plea bargain is beneficial. While legislation dictates how plea bargains are made, the exact terms of the agreement are up to the discretion of the defense and prosecuting attorneys.

Are there drawbacks to plea bargains?

Plea bargains are clearly beneficial for prosecutors, but they might not always be beneficial for defendants. One of the biggest criticisms of plea bargains is that innocent defendants might be persuaded to agree to a plea bargain. Despite the fact that the Constitution guarantees all Americans the right to a speedy trial, the current criminal justice system is very backed up and it can take years for a case to go to trial. Defendants who cannot post bail can end up spending those years in jail — despite their innocence — and pleading guilty could allow them to get out of jail sooner than awaiting trial. Unfortunately, though they might ultimately spend less time in jail, they also end up with a criminal record that they do not deserve.

What are the consequences of a plea bargain?

As an experienced criminal lawyer Newark community members rely on might tell you, a plea bargain is not something to enter into without considering all of your options. If you are certain that you would end up with a guilty verdict in a courtroom case, a plea bargain might be a wise choice. However, it’s important to remember that it will result in a criminal record. Before agreeing to any plea bargain, be sure to contact a criminal lawyer Newark residents recommend for legal counsel. If you are innocent, you certainly do not deserve to have these charges on your record. Call Rispoli & Borneo, P.C. at (908) 353-0800 to speak with a criminal lawyer Newark offers and who can provide you with a free consultation.

Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.