Criminal Defense Lawyer in New Jersey
Being charged with a crime is one of life's most frightening experiences. Once you are arrested, your freedom is in jeopardy. People in this situation feel that they are at the mercy of the arresting officer and criminal court system. Most people do not know or understand how the process will proceed or what happens next. Unfortunately, for many people, this situation results in a bad plea deal, an excessive sentence, high fines, or even worse a wrongful conviction. If you are charged with a crime in New Jersey, it is imperative that you retain a New Jersey criminal lawyer immediately.
East Brunswick New Jersey Criminal Defense Attorney John B. Fabriele, III is here to help and aggressively protect the accused throughout our state. Call (732) 487-3388 today for your initial consultation.
Attorney John B. Fabriele will answer your questions and begin planning a defense strategy the instant that he is retained. He knows that this is the worst moment of your life, and he is committed to taking as much fear out of the process as possible. Once hired, he will immediately appear on your behalf, assist with the bail process, and begin any necessary investigation. Our office will keep you up to date on your case, and John is easily accessible so that he may answer your questions and deal with your concerns. John has been defending the rights of the accused for almost 20 years. He possesses the knowledge, passion, and dedication to protect your rights and freedom. His office is located in East Brunswick, and he is easily accessible to all counties in the state of New Jersey.
New Jersey Criminal Defense Overview
All crimes need to be established beyond a reasonable doubt. Crimes may be charged as misdemeanors or “indictable offenses,” which are called felonies in other states. Indictable offenses are more serious than misdemeanors, and they come in four degrees of varying severity. First-degree indictable offenses in New Jersey, for example, are the most serious and include murder, manslaughter, and rape. Certain crimes cannot be expunged from your record, including homicide, kidnapping, robbery, false imprisonment, DWI, and first- and second-degree distribution of a controlled dangerous substance. This makes it especially important to retain a criminal attorney in New Jersey who will fight to keep your record clean.
Domestic violence is violence between family members or people in a close or intimate relationship. A perpetrator who lives in the same household as the victim of the violence and who is neither a spouse nor a family member of the victim also can be charged with domestic violence. There are several kinds of domestic violence, including physical assault, aggravated assault, sexual assault, and physical threats. If you are accused of domestic violence in New Jersey, the police will make a mandatory arrest and take you into custody under certain circumstances, such as when the victim shows signs of injuries caused by an act of domestic violence. Similarly, the police must make a mandatory arrest if there is probable cause to think that the terms of a no contact order were violated, if a warrant is in effect, or if there is probable cause to believe that certain weapons were involved in committing domestic violence.
There are three types of assault, and a New Jersey criminal attorney can explain the differences among them. Simple assault can be charged if you cause a bodily injury to someone knowingly, purposely, or recklessly, or if you place another person in reasonable fear of bodily harm. You can also be charged with aggravated assault if you commit simple assault, and certain elements are present. For example, if you commit simple assault with a deadly weapon, such as a knife, you could be charged with aggravated assault. Similarly, if you assault certain people, such as a police officer, a first-aid worker, a school bus driver, or a fire fighter who was performing job duties, you can be charged with aggravated assault.
In New Jersey, you can face substantial penalties for drug crimes. These penalties vary based on the kind of drug at issue and the amount at issue. For example, it is a first-degree offense to sell or possess with intent to sell five or more ounces of coca leaves or heroin. If you are convicted, you could face a fine of up to $500,000 and 25 years to life in prison. By contrast, you can be charged with a third-degree offense for selling or possessing with intent to sell 5-100 dosages of a prescription drug that was lawfully obtained. This could result in a sentence of 5-10 years in prison and a $200,000 fine. Defenses that a criminal lawyer in New Jersey might raise often involve arguing that law enforcement violated the defendant’s constitutional rights.
Marijuana possession is still a crime in New Jersey. If you are caught in possession of less than 50 grams, you can be charged with a disorderly persons offense. A conviction can result in a sentence that involves a maximum of six months in prison, a fine of $1,000, driver’s license revocation, and drug rehabilitation. N.J.S.A. 2C:35:5 prohibits possessing with intent to sell, distributing, and manufacturing marijuana, and a conviction can result in harsh penalties. The amount of marijuana involved will determine the degree of offense charged. If more than 25 pounds was involved, for example, you could face a first-degree charge.
A theft crime is committed if someone deprives another party of their property rights. Theft includes the crimes of shoplifting, extortion, and deception. New Jersey theft crimes are classified according to the value of what was stolen. When the property stolen was less than $200, the crime can be a disorderly persons theft or a petty disorderly persons crime. Even though this is a relatively minor offense, you still should consult a New Jersey criminal lawyer who can develop a strategy to keep your record clean. Second-degree theft, which is the most serious theft crime, involves property worth $75,000 or more.
Shoplifting occurs when someone takes an item while intending not to pay for it or paying less than its full price. Altering price tags, hiding an item on your body, or walking out of a store with an item while intending to steal it are all considered shoplifting. The value of what was stolen will determine the severity of the penalties for the shoplifting charge, as with other theft crimes. You can be charged with a fourth-degree offense, for example, if you shoplifted something that was worth $200-$500. First offenders convicted of shoplifting something that was worth less than $200 will not face more than 10 days in jail.
Sex crimes are treated seriously by prosecutors. They include rape, sexual assault, child pornography, luring and enticing, and prostitution. What a prosecutor must prove depends on the particular sex crime charged. For example, you can be charged with sexual assault if the prosecutor can show that you had sexual contact with somebody under age 13 if you are over 17. A conviction of a sex crime often results in a requirement to register as a sex offender, which can affect the rest of your life. This is one reason why it is vital to consult a criminal attorney in New Jersey if you are facing this type of charge.
White collar crimes are usually economically motivated, nonviolent crimes. They can be committed by government officials, office workers, or businesses. Examples of white collar crimes include embezzling, cybercrimes, insider trading, bribery, extortion, labor racketeering, counterfeiting, money laundering, and fraud. Fraud and deceitful conduct are criminalized under N.J.S.A. 2C:21-1. You could be charged under this law, for example, if you are caught committing identity theft.
In New Jersey, a DUI is classified as a motor vehicle violation rather than a crime. However, the penalties for a drunk driving conviction can be serious. DUI penalties are increasingly serious for each subsequent conviction. They can include jail time and a driver’s license suspension. The penalties for a first offense depend on how intoxicated you were. If your blood alcohol content was between .08% and .10%, for example, you may need to pay fines between $250 and $400, lose your driving privileges for three months, spend up to 30 days in the county jail, and go through mandatory alcohol classes. Even if a driver registered .08 or higher in a breath test, there are often many ways to fight a DWI charge, so you should retain a criminal lawyer in New Jersey who is experienced in these cases.
Traffic tickets may seem minor, but they can affect your driving record and your insurance rates. You can get a traffic ticket for speeding, driving on a suspended license, failing to register your car, leaving the scene of an accident, reckless driving, failing to yield, endangering pedestrians, or improperly changing lanes, among other offenses. Moving violations can result in your getting points on your driving record. There are ways to get points deducted from your record. However, if you collect 12 points within two years, you can face a driver’s license suspension.
Frequently Asked Questions About Criminal Charges in New Jersey
Facing criminal charges can spark a lot of confusion, fear, anxiety, and stress. However, the more you understand about New Jersey crime laws and what a criminal defense attorney can accomplish, the more confident you’ll feel about what happens next. Below are some frequently asked questions and answers that can help ease any uncertainty that you may have encountered since your arrest.
What does a criminal defense attorney in New Jersey do?
A common question that many clients initially ask is, what exactly does a criminal defense attorney do? This is a great question, since you should be looking to hire the best criminal defense attorney in New Jersey, it’s important to know what a criminal defense attorney actually does.
First, you’ll start with a free case evaluation discussion with your lawyer. John B. Fabriele will ask you a lot of questions and ask to see all of the documentation regarding your arrest. Once all the details are in order and your case is analyzed, we identify the best possible outcome, then design a defense plan to successfully achieve it. When it comes to court appearances, entering pleas, bail hearings, release, trials, questioning witnesses, or any further steps, your defense lawyer John Fabriele will be by your side. John is accessible to his clients throughout the entire process. To learn more about your specific charges and what a criminal defense attorney does, contact our law firm today.
When should you contact a criminal defense lawyer in New Jersey?
As soon as possible. The sooner you contact a criminal defense lawyer, the better the results. Remember that anything you say to either a local law enforcement officer, a family member, or even a neighbor can be used against you. This means that your defense begins to develop the second you’re arrested and charged with a crime. From that point on, don’t speak with anyone else but your attorney. Your attorney can guide you through each step of the process and make sure that you’re taking the appropriate actions right away. If you’ve been arrested and charged with a crime, call our law office today for a free evaluation of your case. Always remember, when it comes to criminal charges, the sooner you contact a NJ criminal defense attorney, the better.
What happens when someone is arrested and charged with a crime in New Jersey?
The act of being arrested and charged with a crime in New Jersey can happen in a few different ways. You may be arrested for a crime in real-time (the moment the “crime” happened) and face criminal charges in front of a judge at a later time. Or, in some cases, a person may be charged with a crime before they’re arrested. This means that there was a warrant out for their arrest. In this case, a police officer will present a warrant and arrest the individual.
Following the arrest, you’ll then be held in police custody, and this is when you’ll be granted the opportunity to call a lawyer. Granted, if this is your first arrest, you’ll most likely feel the urge to call a family member or friend, maybe one with a law background, or agree to meet with a public defender. The problem with public defenders is the fact that you’ll just be another box for them to check off throughout their day. Public defenders are infamous for not having enough time to dedicate to a client’s case. The problem with friends or family members acting as your defense lawyer is the emotional connection and a possible lack of experience in the specific crime. Just because your best friend handles real estate law, it doesn’t mean they can properly defend you in this scenario. In addition, emotional ties can sometimes create conflicts of interest that can stand in the way of your case.
When you hire the best defense attorney in New Jersey, the next steps will be a lot less scary and much more comprehensive. Your defense attorney will guide you through the process of entering a plea, arranging bail, handling your release, and possibly going to trial or getting your charges dropped. Only an experienced criminal defense attorney can lead you through each step with confidence that you’re making the right move. To learn more about what happens after an arrest or what happens after you’re charged with a crime, contact our New Jersey criminal defense law office today.
What cases does a criminal defense lawyer handle?
Criminal defense attorney John B. Fabriele has experience in all New Jersey crime laws including indictable offenses (felonies) and misdemeanors. There’s no crime out there that he doesn’t handle. It doesn’t matter if you’re facing a traffic violation or armed robbery, this is the NJ criminal defense lawyer you want representing you. To understand more about your criminal charges and what our law office can do for you, call today at (732) 246-0888 to schedule a free case evaluation.
Why is it important to hire a criminal defense attorney?
Even though criminal charges and a criminal record can potentially destroy someone’s life, career, and relationships, people will still ask if it’s important to hire a criminal defense lawyer. The answer to that question is always, yes. It’s highly recommended and in some cases absolutely necessary to hire a criminal defense attorney if you’ve been charged with a crime. A lot of this has to do with the penalties, fees, and other consequences of being charged with a crime in New Jersey. The negative effects of a criminal conviction can be long-lasting, severe, and detrimental to your future. When your freedom is on the line, you want to use the best possible line of defense. To learn more about why it’s important to hire a criminal defense lawyer, contact our law office today to speak with John Fabriele.
Why should I spend the money for a NJ private attorney when I qualify for a public defender?
Unfortunately, there’s only one advantage to having a public defender, and that’s cost. Other than that, it’s very difficult to find other reasons why you should have a public defender represent you. One of the major disadvantages of having a public defender handle your case is lack of time, which we mentioned above. A public defender has an extremely long list of cases and they can’t possibly dedicate enough time to each offender. What typically happens is you have a matter of minutes to discuss your case and plan your defense. A public defender may not only steer you in the wrong direction, they may not even remember your name. They’re likely to push for you to take a plea deal simply because they don’t have the time or the resources to create a proper defense. Even if you have a clear case and charges should be immediately dropped, you may end up serving time in prison simply because they don’t want to fight for you. This is why choosing a public defender is an incredibly risky move.
While the cost of a criminal defense attorney may seem daunting, the outcomes are well worth the money. If you’re hoping to get your charges dropped or face the most lenient penalties possible, you need to hire a criminal defense lawyer with experience immediately. When your life is on the line, it’s important to choose the best option, not the least expensive one. To get a better understanding of what it may cost to hire a criminal defense attorney in New Jersey, contact our law office for more information about fees.
What is expungement? What does the expungement process look like in NJ?
Everyone knows that having a criminal conviction on your record can create a lot of challenges in life. Applying for jobs, getting loans, or even signing a lease on an apartment can be very difficult to accomplish with a criminal conviction on your record. That’s when the expungement process comes into play. Expungement is the process of erasing a criminal conviction from your record. Once a record is expunged, it’s as if it never happened. Even if you’re asked in a job interview if you’ve ever been arrested, you can legally say ‘no’ once it’s been expunged.
The expungement process can vary depending on a variety of factors. For instance, the type of crime, how many years since the conviction, and if there have been any further charges since the first conviction are just a few things that need to be determined before you can proceed with the expungement process. A first-time offender with a low-level criminal conviction that happened years ago, with the proof of no other criminal charges since then, will likely be a good candidate for expungement.
To learn more about the expungement process and eligibility requirements, it’s important to work with a lawyer with experience in the expungement process. Contact the law office of John Fabriele today to discuss the benefits of expungement.
How long have you been handling criminal defense cases?
Criminal defense attorney John Fabriele started his legal practice in 2005 and has been helping those with criminal charges and legal issues ever since. John’s extensive experience throughout the years in criminal law has given him the knowledge, experience, and ability to defend both Municipal Court cases, as well as serious indictable offenses in New Jersey’s Superior Courts. He is a member of The New Jersey Bar Association, The Middlesex County Bar Association, as well as The New Jersey Association For Justice (Previously ATLA), New Jersey’s premier professional association for criminal defense attorneys and trial lawyers. John defends citizens throughout New Jersey and is easily accessible for clients in Middlesex, Somerset, Monmouth, Ocean, and Union counties. John B. Fabriele is a criminal lawyer committed and passionate about defending civil liberties, Constitutional rights, and freedom.
Consult an Experienced New Jersey Criminal Attorney
Being charged with a crime can result in the loss of your freedom. With so much potentially at stake, you should consult an aggressive, experienced criminal attorney who can mount a strong defense that is tailored to your circumstances. Call us at (732) 246-0888 to start discussing your situation with a criminal attorney in New Jersey.
John B. Fabriele provides criminal defense throughout the following New Jersey service areas: