Holmdel NJ Criminal Defense Attorney

Are you facing criminal charges in Holmdel, New Jersey? The prospect of a criminal conviction can be daunting. But you don’t have to face it on your own. You can get the legal help you deserve by working with a knowledgeable Holmdel criminal defense attorney.

The Law Office of Jason A. Volet provides top-notch criminal defense services to people throughout New Jersey. We want to listen to your story and explain your options during a free and confidential consultation. Contact us today to get started.

What Kinds of Criminal Defense Cases Do We Handle?

At The Law Office of Jason A. Volet, we stand ready to defend you against all types of criminal accusations and charges in Holmdel, including those that involve:

We can represent you in court at every stage of your case. We also work with clients in Holmdel and throughout New Jersey who want to have their criminal records expunged.

What Is the Standard of Proof in a Criminal Case?

The stakes are high in most criminal cases. So, prosecutors must meet the highest standard of proof to convict someone in criminal court. The highest standard of proof in our justice system is proof beyond a reasonable doubt. When you prove something beyond a reasonable doubt, it means there is no other plausible explanation based on the available evidence.

The standard of proof beyond a reasonable doubt is considerably more strict than lesser standards such as proof by:

• Preponderance of the evidence — The evidence supports a finding that something is more likely than not to be true.
• Clear and convincing evidence — The evidence supports a finding that something is highly likely to be true.

It is important to work with a criminal defense attorney in Holmdel who will know how to challenge the prosecution’s evidence and establish a solid defense on your behalf.

What Is the Difference Between an Indictable Offense and a Disorderly Person Offense in New Jersey?

In most states, offenses are divided into two categories: misdemeanors and more serious crimes known as felonies. In New Jersey, the criminal court system uses different terms for these levels of offenses.

An indictable offense is equivalent to a felony crime in other states. New Jersey law has four levels of indictable offenses:

• Fourth-degree indictable offenses — The least-serious indictable crimes, which include offenses like forgery or minor theft.
• Third-degree indictable offenses — Slightly more serious indictable crimes, like arson, certain drug crimes, and more significant thefts.
• Second-degree indictable offenses — Highly serious indictable crimes, such as certain sex crimes, manslaughter, and aggravated arson.
• First-degree indictable offenses — The most serious indictable crimes, such as murder, armed robbery, and aggravated manslaughter.

On the other hand, a disorderly persons offense in New Jersey is the equivalent of a misdemeanor crime in other states. The two types of disorderly persons offenses are:

• Disorderly persons offenses — Minor violations, such as shoplifting, simple assault, and possession of drug paraphernalia.
• Petty disorderly persons offenses — Even more minor infractions, such as trespassing and disorderly conduct.

What Are the Penalties for Indictable Offenses and Disorderly Persons Offenses?

The standard penalties for indictable offenses and disorderly persons offenses in New Jersey are:

• Petty disorderly persons offenses — Up to 30 days in jail and $500 in fines.
• Disorderly persons offenses — Up to six months in jail and $1,000 in fines.
• Fourth-degree indictable crimes — Up to 18 months in jail and $10,000 in fines.
• Third-degree indictable crimes — Three to five years in prison and $15,000 in fines.
• Second-degree indictable crimes — Five to 10 years in prison and $150,000 in fines.
• First-degree indictable crimes — Between 10 and 20 years in prison and $200,000 in fines.

Are Juvenile Crimes Processed Differently?

The criminal justice system in New Jersey handles juvenile crimes in an entirely different way than it handles adult crimes. New Jersey’s juvenile justice system is focused on supporting and rehabilitating young offenders rather than punishing them. As a result, juvenile offenders in New Jersey:

• Cannot be questioned by police unless a parent or legal guardian is present.
• Cannot waive their right to remain silent or have a lawyer present without the consent of a parent or legal guardian.
• Do not have the right to a trial by jury. (Judges decide all juvenile cases.)
• Do not have the right to release on bail if the state detains them.
• Can possibly avoid going to court by participating in community service.

What Counts as a “De Minimis” Offense in New Jersey?

A de minimis offense arises when someone technically breaks the law, but the consequences of their behavior are so minimal that prosecution is unnecessary. New Jersey’s de minimis infraction law allows judges to dismiss prosecutions that are essentially harmless offenses.

A judge can dismiss a New Jersey criminal charge as de minimis if the wrongdoing:

• Fell within the usual limits of acceptable behavior.
• Did not actually cause the harm that the law sought to prevent.
• Involved such unusual or extenuating circumstances that no law could reasonably seek to forbid the offense.

How Can a Criminal Defense Attorney Help?

If you are facing criminal charges in Holmdel, New Jersey, the Law Office of Jason A. Volet can help you by:

• Advising you of your rights and explaining what you can expect over the course of your adult or juvenile case.
• Speaking on your behalf during police interviews and interrogations.
• Investigating the circumstances surrounding the alleged offense.
• Working with prosecutors to reach plea bargains or outright dismissals.
• Representing you in court during motions, hearings, and trials.
• Advocating on your behalf during sentencing.
• Appealing your case if possible.
• Filing for expungement and handling other post-conviction matters.

Contact a Holmdel Criminal Defense Lawyer Today

If you are facing criminal charges in New Jersey, you need an experienced attorney to defend your rights. At The Law Office of Jason A. Volet, we will be ready to review your case and advise you on all your legal options. Contact us today to learn more in a free and confidential consultation.