Criminal Lawyers Newark NJAs our criminal lawyers in Newark understand, if you’ve recently been charged with a crime, you will likely be assessing your options. You are probably imagining the worst-case scenario that you could be faced with if convicted. When facing criminal charges, the thought of a conviction and a subsequent prison sentence can be nerve-wracking. You’ll want to set yourself up for the best possible outcome by working with criminal lawyers in Newark who are on your side. At Rispoli & Borneo, P.C., we have over 20 years of experience representing clients who have been charged with crimes. We are eager to review the details of your case and begin a trusting relationship with you.
Table Of Contents
- Criminal Lawyers Newark NJ
- Consequences of a Criminal Conviction
- The Miranda Warning
- The 5 Stages of a Criminal Case
- 3 Reasons a Proven Attorney Is an Advantage
- 5 Things That May Happen After You Are Arrested In New Jersey
- Newark Criminal Law Infographic
- Criminal Justice
- Defenses To Criminal Charges
- Some of the Defense Strategies We Use in Court
- Newark Criminal Law FAQs
- Why You Should Hire Rispoli & Borneo, P.C. as Your Criminal Lawyer
Consequences of a Criminal ConvictionEnduring a prison sentence can be difficult in a variety of ways — but it’s not the only potential outcome of a criminal case. If you’re wondering what penalties you might be facing, the truth is that this depends very heavily on the circumstances of your case. Misdemeanors tend to result in lesser penalties than felonies because misdemeanor crimes are, in theory, less serious.
The Miranda WarningMost people know what the Miranda Warning is. By law, any peace officer who arrests a suspect on a criminal charge must “read them their rights.” Failure to do so means evidence may be inadmissible during the trial; in some situations, the case may be dismissed altogether. Regardless of whether you were Mirandized or not, anything you say can and will be used against you, even if it’s just a spontaneous outburst. That can make your defense more difficult, so the best thing you can do when arrested is to say nothing before you’ve spoken to Criminal Lawyers in Newark.
Where the Miranda Warning Came FromMiranda’s rights have existed almost as long as the Constitution itself; they are enshrined in the Fifth and Sixth Amendments. The Fifth Amendment means you do not have to incriminate yourself (this is what it means to “plead the Fifth”), while the Sixth grants every suspect the right to legal counsel. However, it was not until the 1966 case, of Arizona v. Miranda that the Supreme Court ruled that a suspect must be made aware of those rights; otherwise, they are meaningless.
Remaining SilentThe right to remain silent means that you do not have to answer any questions at the time of the arrest. The arresting officer cannot use your silence as evidence of guilt. There have been situations in which an officer has made observations about the suspect’s behavior or demeanor that may suggest guilt. However, this is not valid evidence in a court of law.
Exercising Your Miranda RightsThe most effective way to use your Fifth Amendment right is to let the arresting officer know in no uncertain terms that you have nothing to say until you’ve spoken to Criminal Lawyers in Newark. Many suspects waver or vacillate, which can make it more difficult to build a defense.
Your Right to CounselThe court is indeed required to provide every suspect with an attorney, regardless of ability to pay. Public defenders are dedicated, hardworking individuals, but typically have very heavy caseloads; in most cases, all they have time for is to secure a plea deal. On the other hand, one of the Criminal Lawyers in Newark is able to focus on your case and give it the time and attention it deserves. In any event, unless you confess, you are still legally innocent until a court of law proves otherwise.
The 5 Stages of a Criminal CaseA criminal case goes through the court system via several stages, and our Criminal Lawyers in Newark from Rispoli & Borneo, P.C. are dedicated to helping clients every step of the way. After an arrest, charges are brought forth, and the court process can begin. A case can end at any stage due to events such as the dismissal of a case, admission of guilt, or acceptance of a plea bargain. However, cases that go through the entire judicial process will follow the five basic stages: arraignment, preliminary hearing, pre-trial hearing, trial, and sentencing.
What is an Arraignment?Arraignment refers to the defendant’s first court appearance. Here, a judge will list the charges filed and the defendant can choose to plead “guilty” or “not guilty.” They also have the option to choose “no contest,” where the defendant accepts the punishment but does not admit guilt. Often, a judge will set bail at the end of the arraignment.
What is the difference between a preliminary hearing and versus grand jury indictment?Federal cases all proceed with grand jury indictments, whereas states have the option to choose a preliminary hearing. During a preliminary hearing, a judge determines if there is a probable cause based on witness testimony and the arguments of the prosecutor and defendant. With an indictment, a grand jury only decides to pursue a trial based on evidence that the prosecutor provides. The grand jury also has the option of requesting more witness testimony or investigatory work.
What is decided at the pre-trial hearing?At this point in the process, the prosecution and the defense come together with the judge to discuss the admissibility of certain evidence. Here, the defense may settle or enter into a plea bargain based on the status and projected result of the case. It will be imperative that you have reliable legal representation. Our Newark Lawyers for Criminal cases can stand by you and watch out for your best interests.
At what stage is evidence presented?During the trial, each party will make statements, present evidence, and examine witnesses to convince a judge or jury. After each side has stated their case, the jury has to come to a unanimous verdict. If they fail, the judge will either reappoint a new jury or declare a mistrial, the latter of which would mean the case is dismissed and the prosecutors will have to start from the beginning.
What punishments may I face for a conviction?After the defendant is determined to be guilty or not guilty, sentencing occurs. Some crimes have minimum and maximum sentencing requirements, but the specifics of the punishment will be affected by multiple variables such as the type of crime, the severity of the crime, the defendant’s criminal record, and the judge’s analysis of the defendant as a person. Anyone facing trial for a crime has the right to an attorney and should seek the counsel of an experienced criminal justice lawyer before going into court. Lawyers will help their clients navigate the complexities of a criminal case. Reach out to our Newark Criminal Lawyers from Rispoli & Borneo, P.C. today for further insight.
3 Reasons a Proven Attorney Is an AdvantageLife is complicated and full of unforeseeable circumstances. Whether you’re the victim of a false accusation, an unfortunate accident, or a regrettable decision, finding yourself up against the legal system is never a task you should handle alone. You need Criminal Lawyers In Newark to handle your case in service of your freedom and your future. The experienced attorneys at Rispoli & Borneo, P.C. have the knowledge, expertise, and relationships to handle your case with care. Consulting with them will significantly increase your chances of your case resolving favorably. If you’ve ever wondered what benefits a proven attorney can provide, here’s what you should know.
Attorneys Know the SystemWhen it comes to something as complex as our legal system, you want someone who has seen it all. While the uncertainty of a brush with the law is frightening, it is highly unlikely that the attorneys at Rispoli & Borneo, P.C. are unfamiliar with cases like yours. Their experience will equip you with the advice and strategic insight necessary to increase your chances of success.
Attorneys Have RelationshipsWhen it comes to Criminal Lawyers in Newark, relationships carry currency. The legal world is a small one, and defense attorneys spend lots of time around prosecutors, judges, and clerks. The lawyers at Rispoli & Borneo, P.C. have decades of combined experience within the courts and behind the scene. With this experience comes relationships. Rispoli & Borneo, P.C. are well acquainted with key decision-makers within the local court system. This makes them well equipped to assess your case’s potential outcomes and puts them in a strong position for negotiation. While it is natural to imagine a system that is totally fair and impartial, the reality is that a lawyer with the right relationships is a huge advantage in any case.
An Attorney is Your Constitutional RightThe Sixth Amendment of the United States Constitution guarantees defendants the right to an attorney. Do not take this right for granted, doing so would be unwise. Not only do Rispoli & Borneo, P.C. carry the benefits of experience and relationships, they also increase your credibility in the eyes of the court. If you want your case to be taken seriously and considered with care, you want someone in your corner who has the expertise to do so. Hiring Criminal Lawyers in Newark from Rispoli & Borneo, P.C. will give you peace of mind as they work to resolve your case favorably.
5 Things That May Happen After You Are Arrested In New Jersey
1. First AppearanceAfter you have been arrested, a first appearance will be scheduled within 48 hours. At this appearance, the judge will set conditions for your release, set bail or order you to be detained until your trial. Criminal lawyers in Newark can help you prepare for what will happen at this appearance.
2. Pre-Indictment ProceedingsAfter your first appearance, the prosecutors will review your case and decide if they have enough evidence to warrant proceeding further. The prosecutor may decide to recommend that your charges be dismissed, reduce your charges or pursue the charges that have been filed against you. Criminal lawyers in Newark can attempt to convince the prosecution to offer lesser charges or dismiss the charges.
3. Plea BargainingCriminal lawyers in Newark can attempt to negotiate a resolution to your case without a trial. Depending on the severity of the charges against you and how confident the prosecutor is that those charges can be proven, your attorney at Rispoli & Borneo, P.C. may be able to achieve one of several outcomes:
- Less severe charges
- Establish a maximum potential sentence
- Reduce the amount of time you spend on probation or in jail if you plead guilty
- Get some or all of your charges dismissed
4. Indictment and ArraignmentIf you do not agree to a plea bargain before going to trial, you will appear before a grand jury. The 23 grand jurors will review the evidence and decide if it is enough to justify moving forward with the case. If the grand jury thinks it is, then they will indict you and an arraignment will be scheduled within 14 days. You may continue to attempt a plea bargain until your trial begins.
5. Criminal Trial and SentencingIf you have not resolved your case by your trial date, then the trial will begin. During the trial, the prosecution will present its case and then you or your attorney will present your defense. If you are convicted, the judge will order a pre-sentence investigation and then impose a sentence based on that investigation. If you are found not guilty, then you will be released.
Newark Criminal Law Infographic
Criminal JusticeOne of the most recognized facts that holds true in criminal defense cases is that the defendant’s choice in attorneys can make or break his or her case. Rispoli & Borneo P.C. understands the importance of quality representation. That is why we pride ourselves on diligently fighting for every client that walks through our doors. We understand the value of a thorough and open-minded investigation phase of the criminal process and we are experienced in providing a skilled defense that reflects our unwavering ethics. Rispoli & Borneo P.C. is ready to guide you through this very difficult time. We will explain your options and advise you toward the best possible outcome.
Understanding the Facts and ProsecutionOur attorneys have been practicing law, specifically, criminal defense, for over 20 years. Due to the longevity of our firm, we have quite a history with the prosecutors in our jurisdiction. We understand their methods and usual tactics with how the prosecutors formulate and present a criminal case. This can prove to be beneficial from the very early stages of planning our defense. The fact is, there are many ways to relay the facts of a case. The details of the truth are often interpreted differently, based on how they are explained. While maintaining clear ethical boundaries, the Newark criminal lawyers at Rispoli & Borneo P.C. are skilled in developing and delivering a favorable view of our clients and the circumstances of each case.
Plea OptionsThere are basically three options when it comes to choosing how to plead: not guilty, no-contest, and guilty. Rispoli & Borneo P.C. will be able to advise the defendant on his or her options based on the details of the case. In addition to explaining the plea options, Rispoli & Borneo P.C. will go through the possibilities of settling out of court, agreeing on a plea bargain, or going to trial. Each case is unique and there are usually pros and cons for each strategy.
Involuntary vs. Voluntary IntoxicationNewark criminal lawyers have the right to use the involuntary intoxication defense route if their client committed a crime when they were involuntarily under the influence of drugs or alcohol. The drawback is that it can be challenging to prove that someone was under the influence against his or her own accord unless there are pictures or videos found. Examples include:
- Being forced to take drugs or alcohol
- The unknown consumption of drugs or alcohol
ManslaughterBeing intoxicated when a crime is committed is not a solid defense by itself to escape responsibility. However, in situations where a person is killed without forethought or premeditation, manslaughter may be an appropriate charge. For example, if a drunk driver were to hit and kill another person, the result may be manslaughter, which is a murder charge of a lesser degree. Although a manslaughter charge is serious, the repercussions are far less than a first-degree murder charge. Meaning, a first-degree murder charge could result in the death penalty whereas a manslaughter charge will not. Criminal lawyers Newark defendants trust can provide you with more information specific to your case, but there are two types of manslaughter:
- Voluntary is when a person claims that they were justified in committing the act. For example, when a person claims self-defense against their attacker for why they killed them.
- 2 Involuntary is when a person is killed unintentionally due to the criminal negligence of another. For example, if a person is driving while intoxicated and hits a person crossing the street.
Defenses To Criminal ChargesAlmost anyone who has faced criminal charges has asked themselves whether there are actually any defenses that work when going to court. The truth is, it is almost always going to depend on the circumstances surrounding your criminal charges, what kind of evidence there is, and whether you have a lawyer. Many people think a criminal conviction automatically means going to jail, but that is not all a criminal conviction can do to your life. It can mean:
- You are going to pay very hefty fines
- You may not be able to see your children or you may have custody revoked
- You may not be able to get certain jobs you love or are qualified for
- You may not be able to live in certain areas
Defenses That Your Lawyer May UseThere are different types of defenses that your lawyer may choose to use when fighting on your behalf.
- An affirmative defense. With an affirmative defense, this means you are essentially admitting that you committed the crime—to a degree. However, you are stating that you committed a crime unintentionally. This could be because of self-defense or because you were defending someone else, insanity, or duress.
- They did not meet the burden of proof. When a criminal case comes to court, the prosecution will have the (often) difficult task of proving that the defendant committed the crime beyond a reasonable doubt. If they are unable to prove this, your lawyer should see this as an opportunity to have the case excused. This means your lawyer could state the prosecution failed to meet the burden of proof
- Your rights were violated. This is also known as a constitutional defense. Even if the prosecution could prove that you committed a crime, if they did so using unlawful means (violating your Fourth Amendment rights, for example) then it is possible the case could be thrown out.
Some of the Defense Strategies We Use in CourtThe criminal lawyers at Rispoli & Borneo, P.C. are very experienced in dealing with criminal cases. We know some of the best strategies against criminal offenses, and will go over several with you for your case. You do not have to use everything we suggest, but we will highly recommend listening to our experienced criminal defense lawyers. They have done so many cases, so you can trust that you are in good hands. Sometimes, you may be accused of a crime you did not even commit. If this is the case you need to declare your innocence, and we will put together a defense that shows there was no way for you to have committed the crime you are being accused of. Giving an alibi is always one of the best things to do in a criminal case to show you weren’t at the place a crime was committed, but all is not lost if you do not have one. We know plenty of other ways to prove your innocence in court. Other times, crimes that were committed were unintentional. If this is the case, we need to show that you did not realize what you were doing was wrong, or that whatever happened was an accident or misunderstanding. We may call in expert witnesses to do so, or have you speak about the incident with a statement that we approve beforehand. Either way, it is crucial that we show you did not have malicious intent behind your actions. You may not completely get off from committing the crime, but this could definitely lessen your sentence or charges. Finally, if it is clear that you intentionally committed a crime, it may be in your best interest to plead guilty if you are able to make a bargain with the prosecution. This may also lessen the charges being filed against you, and if there is not a good chance that you will win in court, this could be the best approach to take. No matter what, our experienced lawyers will help you do what we think is ultimately best for a positive outcome in your case.
Contact Respected Criminal Lawyers in NewarkIf you have committed a crime and are in need of legal representation, contact a criminal attorney today at Rispoli & Borneo, P.C. for a free consultation. Their knowledge will be vital because the laws regarding intoxication and criminal offenses can vary depending on the state in which you live. Call (908) 353-0800 to speak to one of our criminal lawyers Newark respects from Rispoli & Borneo, P.C.
Newark Criminal Law FAQs
What Are Some Examples of Criminal Charges?You will know if you are charged with a criminal offense. Some of the most common offenses include:
- Theft of someone else’s property
- Assault, domestic violence, or violating a restraining order
- Driving under the influence of alcohol or drugs
- Possession or distribution of marijuana or other drugs
- Sexual assault crimes
- Traffic violations
How Can A Criminal Lawyer Help Me?Criminal cases put you at risk of serious and severe consequences, such as lengthy prison sentences and a criminal record that you might not be able to get sealed or expunged. Our Newark criminal lawyers can explain what all you stand to lose, the seriousness of your charges, what defenses are at your disposal, and help you decide whether you would like to take the matter to trial or take a plea bargain. But criminal lawyers do so much more than handle your charges. We:
- Comfort you
- Break it to you plainly and simply
- Fight to get your charges dropped
- Fight to get your charges reduced
- Subpoena credible witnesses to your testimony
- Poke holes in the prosecutor’s theory
- Gather evidence
- File the appropriate documents in a timely, orderly manner and so much more
When does a case go to trial?Generally speaking, a case may go to trial when the defendant pleads not guilty. If the defendant is innocent, the trial may be the only option to prove that he or she is wrongly accused of the crime. If the defendant chooses to plead no contest or guilty it will not go to trial since that plea ultimately resolves the case for the prosecution. There are times when a plea bargain is offered in exchange for a guilty plea. The benefit of accepting a plea bargain is that the prosecution will likely be offering a reduced sentence in exchange for the guilty plea. Rispoli & Borneo P.C. will thoroughly explain the options to each client based on the details of his or her case. In addition, our attorneys will go to great lengths to investigate the evidence and negotiate the case with the prosecution long before the case gets to the trial phase, if ever.
How Does Being Under the Influence Impact Criminal Charges?At Rispoli & Borneo, P.C., the criminal lawyers Newark locals recommend from our firm understand that when an individual is intoxicated it is more likely that he or she will make bad decisions due to poor judgment. Being under the influence can result in a diminished mental capacity and increase the likelihood that a person will commit a crime. Many wonder if it is possible to receive a reduced or lesser sentence if a person committed a crime when under the influence of drugs or alcohol. The answer to this question varies because the prosecution must prove that a person is guilty beyond a reasonable doubt. This means that they must be able to convince the jury that a person is guilty based on the case that they present. Criminal lawyers Newark residents choose must try to raise doubt in any number of ways, depending on the available evidence. When a defendant is intoxicated at the time the crime was committed, it can raise a reasonable doubt that they acted of their own volition and of free will or in a premeditated way.
Why Choose A Criminal Lawyer Over A Public Defender?Public Defenders are thorough, tactful lawyers who are as credible as committed as criminal defense lawyers. Yet, public defenders are often bogged down with so many cases that they cannot give you the time that you might require. Your files might get lost in their stack, and it might seem nearly impossible to get ahold of a public defender to see how your case is moving along. You may even encounter a public defender getting your case file mixed up with someone else’s. These are just some of the reasons why it is worth it to pay for a Newark criminal lawyer from a private law firm. A private criminal lawyer can devote more time to your case and has more resources and assistants to ensure that your case file is organized properly and will never get lost in the stack.
Hiring an AttorneyGoing to prison for a criminal conviction can be a terrifying prospect. By hiring experienced criminal lawyers in Newark, New Jersey to represent you, you can take solace in knowing that you aren’t facing the criminal justice system alone. There are a number of reasons why you’ll want to hire a criminal defense lawyer to represent you if you have been charged with a crime:
- Lawyers know the ins and outs of the legal system. A criminal defense attorney can help you navigate through the complexities as they arise. They will be vital in educating you so that you understand the process that you are engaged in.
- Hiring an attorney who is local or familiar with the courts in your area can prove to be beneficial. They may have relationships with court staff and will have a clear idea of what you are up against.
- They will help manage law enforcement during questioning and can counsel you against saying anything that might incriminate you.
- Criminal lawyers are trained to look at all possible legal options. They can help you weigh your options and develop legal strategies that may be beneficial to your case.
- An attorney may be able to obtain a reduction in charges or even a case dismissal.