Frequently Asked Questions: Criminal Cases in Bergen County

Any criminal charges in Bergen County can be dangerous; when a felony accusation is the issue, the skill of your attorney is extremely important with regard to the outcome of your case. Our firm has provided other law firms services in such cases, and is known for our professional work, intensive case study and development of defense cases, and abilities in front of a jury. A Teaneck criminal defense lawyer from The Law Offices of Benjamin Kelsen is recognized throughout the Bergen County area as one of the most talented trial lawyers, known for courtroom and case preparation skills. We urge you to contact us directly to discuss your case.

Being innocent is unfortunately not enough. There are countless individuals serving time today who were innocent of the accusations. When you have a less than dedicated attorney who doesn’t take the time to search out all the necessary defense possibilities and bring the evidence to trial, you still could face conviction. You must have a professional, committed criminal defense lawyer from the moment of your arrest. With fast action taken on your behalf, we may be able to get unfounded charges dismissed.

Unfortunately, when one is accused of rape, they will face legal consequences that are very serious. Even if a consensual sexual encounter took place, if one person later claims that the sex was rape, you will be charged with this very serious criminal offense. How the case is addressed by your attorney will have much to do with the outcome of the case, and will naturally include all types of actions on your behalf, including intensive cross-examination of the party accusing you, as well as law enforcement, any other witnesses, and providing other witnesses to provide supporting evidence for your case. It is vital that you contact our firm as quickly as possible after an arrest for rape if you hope to fight to avoid conviction.

The costs of a conviction extend far beyond the loss of your license, the fines and the time spent in jail or doing community service. You will be dealing with increased car insurance rates, a damaged criminal record that can affect future employment and other repercussions. It is worthwhile to look into the options for the defense of your case. There are an astounding number of DWI accusations that have viable defenses and the individual just pled guilty and took the penalty. It is strongly advised that you get your case evaluated as to what can be done to fight for the defense.

That will be up to the court to determine. While it is possible to seek an expungement after a sentence is complete, there is not guarantee that the courts will agree to one. It is important to follow the process of expungement correctly to prevent any errors from causing a setback. Through an expungement a record is removed or isolated and is therefore no longer open as common knowledge. It is as if the crime did not occur. A petition must be filed with the court for them to consider the case. They will assess if there is sound reasoning for the record of a person to be wiped out. Those with an ongoing occurrence of criminal charges may face more difficulty gaining expungement. In addition to the original petition, a number of other forms will be necessary to bring the process to completion.

The legal system is extremely intricate and it is not until many people are faced with going up against it that they begin to recognize how complex it truly is. Navigating it in the correct manner can be incredibly challenging and any wrong steps can have a negative result on the final outcome. It is important to proceed in the most efficient and effective manner and working with a professional may increase the chances of doing this. There are many forms to fill out and doing so correctly and timely is critical. A lawyer can offer defense for those dealing with a crime through all aspects of a case as well as giving detailed legal guidance that can be a key component in the verdict. It is advised that no one attempt to deal with their criminal charges on their own since even a simple lack of legal knowledge can result in an unfortunate verdict.

As a citizen there are certain rights that are protected under the constitution. It can become a fine line to allow law enforcement to carry out their job, while still protecting these rights. It is best that you are aware of your rights before the situation occurs. When an officer approaches you, they are able to ask if you will answer some basic questions and to see some form of identification. For this to not be a violation of amendment rights the conversation must be carried out in a way that you do not feel as if you are unable to leave. If the officer does want to investigate you or detain you from leaving when you wish, they need to have reason to do so. This can be suspecting that you are involved in a crime or have information regarding it and they must have some type of facts for this suspicion. If you are arrested the rights will change and this will include the right to an attorney, the right to remain silent and to make a phone call. Officers may try to violate the rights that you have so it is important that you are well represented.

In order to be able to search your car an officer will need to have a warrant or will need to have probable cause. Probable cause means that sufficient reason exists for them to suspect that there is some form of evidence of a crime in your car. If they wish to search your home without your consent they will also need a warrant. If you are arrested in your home then they can search the immediate area as well as searching you. If an officer is just doing his job it is important to cooperate with him, but not by putting your rights and freedom at risk. Call an attorney immediately to make sure that you are not taken advantage of and that your property is not search unlawfully. If police do search your property without authority to do so, this may mean that any evidence they obtain can be disregarded.

In parole, a prisoner is released under certain conditions and they must adhere to these for the remainder of the sentence otherwise they can face further penalties. Through probation, jail time will not be served. The probation is an alternative to prison though it has the same guidelines as parole. The main difference between the two is when they are served and the existence of jail time in parole.