Belmar NJ Criminal Defense Attorney
Being convicted of a crime can significantly impact a person’s freedom, reputation, and livelihood. Traffic offenses could result in a loss of driving privileges, while a conviction for a more serious crime could result in jail time. However, the cornerstone of our American justice system is that every defendant is innocent until they are proven guilty, which means the burden rests with the prosecution.
If you are facing criminal charges in Belmar, a New Jersey defense attorney can protect your rights and fight against the harshest penalties. Jason A. Volet has spent more than 15 years handling a wide range of criminal cases both as a defense attorney and as a prosecutor. He can put his experience and tenacity to work for you. If you are facing criminal charges, contact Belmar criminal defense attorney Jason A. Volet today and get started with a free consultation.
What Kinds of Criminal Cases Do We Handle?
At The Law Office of Jason A. Volet, we handle many kinds of criminal cases in Belmar and throughout New Jersey, including those involving:
What Are My Rights If I Am Charged With a Crime?
The U.S. Constitution guarantees certain rights to those accused of crimes, including:
- The right to an attorney, including the right to a public defender if you cannot afford your own legal counsel.
- The right to protection from illegal police searches.
- The right to remain silent when speaking with prosecutors or the police.
- The right to know the charges against you.
- The right to a speedy, public trial.
- The right to an impartial jury in your trial.
- The right to protect yourself from self-incrimination.
- The right not to be tried more than once for the same offense.
How Are Crimes Categorized in New Jersey?
In New Jersey, minor offenses that other states would classify as misdemeanors are known as disorderly persons offenses. There are also petty disorderly persons offenses, which are lesser crimes that carry lighter penalties. The maximum penalty for a disorderly persons offense is six months in jail.
More severe crimes in New Jersey are called indictable crimes. They are the equivalent of felonies in other states. Indictable crimes range from fourth-degree crimes, which carry the lightest penalties, to first-degree crimes, which have the harshest penalties. A conviction of a fourth-degree indictable crime could result in 18 months in prison. The maximum punishment for most first-degree indictable crimes is 20 years in prison.
What Are the Penalties for Crimes in New Jersey?
From least severe to most severe, the penalties for crimes in New Jersey include:
- Petty disorderly persons offenses — Up to 30 days in jail.
- Disorderly persons offenses — Up to six months in jail.
- Fourth-degree indictable crimes — Up to 18 months in prison.
- Third-degree indictable crimes — Up to five years in prison.
- Second-degree indictable crimes — Up to 10 years in prison.
- First-degree indictable crimes — Up to 20 years in prison, usually without the chance for parole.
When you work with The Law Office of Jason A. Volet, we can explain the specific charges that you face as well as the possible penalties involved.
Are Juvenile Crimes Handled Differently?
Belmar prosecutors treat juvenile offenders differently than adults accused of crimes. The goal of the juvenile justice system in New Jersey is to help juvenile offenders and rehabilitate them rather than to punish them. The state’s Juvenile Justice Commission (JJC) oversees most cases involving juvenile offenders and coordinates with other agencies to find the optimal outcomes for them.
However, under certain circumstances, prosecutors can try juvenile offenders as adults in New Jersey. The juvenile must be at least 15 years old to be tried as an adult. The prosecutor must also file a motion with the courts to demonstrate why it is necessary to do so. Ultimately, a court will decide whether or not a juvenile offender will face adult charges.
When a minor faces criminal charges in Belmar, the most important goal is to keep them in the juvenile justice system. That is why it will be critical to work with an experienced Belmar criminal defense attorney if your child has been charged with an offense.
Can My Charge Be Reduced or Dismissed?
Depending on the nature of the charges against you and the strength of the prosecution’s evidence, an experienced and knowledgeable defense attorney might be able to get your charges reduced or dismissed. One way to do so is by negotiating a plea agreement with the prosecutor. In exchange for a guilty plea, a prosecutor may drop or reduce certain charges, leaving the offender with a lighter sentence.
Another way a defense lawyer can reduce your charges or get them dismissed is to move for the suppression of critical evidence in the prosecution’s case. For example, if police obtained evidence against you through an illegal search, a defense attorney could file a motion to have the evidence thrown out. Without the evidence they need to obtain a conviction, the prosecution may be forced to drop the charges against you.
Finally, judges in New Jersey have the authority to dismiss criminal cases under certain circumstances such as when the offense:
- Was within customary limits of acceptable behavior and not inconsistent with the law defining the offense.
- Did not actually cause or threaten to cause whatever harm the law meant to prevent, or the offense is so trivial that it does not warrant prosecution.
- Cannot reasonably be regarded as the offense the legislature intended to prohibit.
How Can a Criminal Defense Attorney Help?
If you are facing charges in the Borough of Belmar, The Law Office of Jason A. Volet can help you by:
- Explaining the charges against you and the possible penalties.
- Working to get you released on bail.
- Suppressing evidence obtained through an illegal search.
- Negotiating with prosecutors to reduce the charges and penalties you may face.
- Preparing your defense strategy if your case goes to trial.
Contact a Belmar Criminal Defense Lawyer Today
At The Law Office of Jason A. Volet, we believe everyone facing criminal charges deserves effective legal representation. You can count on us to defend your rights and fight for the best possible outcome in your case. To learn more about how we can help you in Belmar, connect with us today and receive a free consultation.
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