East Brunswick NJ Criminal Defense Lawyer
Criminal Defense Attorneys in East Brunswick, New Jersey
Facing criminal charges can be one of the most stressful and confusing times in your life. You need an attorney who will stand in the trenches with you and fight for your rights. Young, Marr, Mallis & Associates has made it their mission to ensure the best possible outcome for our clients. Whether you’re facing a misdemeanor or felony charges, our experienced attorneys and staff are devoted to providing clients with superior services. We have a diverse group of attorneys at Young, Marr, Mallis & Associates who are ready to assist you, no matter what your criminal law needs are.
We pride ourselves in addressing criminal charges promptly and thoroughly. The legal process can be difficult to grasp, that’s why we make it a point to educate our clients on their legal rights and advise them on the best course of action based on the charges they face. Our attorneys at Young, Marr, Mallis & Associates understand that each person’s situation is different and requires a unique defense strategy.
We’ve been assisting clients for more than 20 years and have extensive knowledge and experience in criminal, family law, bankruptcy and a wide range of civil litigation. Our attorneys are dedicated to treating each case, each person with the respect and expertise they deserve.
See also: DUI Defense Attorney, East Brunswick NJ
What is Criminal Law?
Criminal law is the body of law that relates to crime. It helps to regulate social conduct and prohibits whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people.
When a law enforcement agency or government prosecutor charges someone with a crime, the person being charged has the right to legal counsel from a criminal defense attorney. This is important because without adequate representation for the accused, the balance of power within the justice system would become skewed in favor of the government.
The main responsibility of a criminal defense attorney involves representing clients who have been charged with committing a crime. Criminal law attorneys question witnesses, gather facts and evidence and ask questions during a court trial. A criminal defense lawyer can sometimes settle a case out of court by negotiating with prosecutors. Through negotiating with prosecutors outside of court, a criminal defense attorney may be able to reduce the charges and penalties.
In general, Criminal Law asks and seeks to answer the following questions:
- Did the person charged commit the crime?
- What crime did they commit?
- Do they have a defense?
Whether you face a felony or you’re fighting a simple traffic violation, at Young, Marr, Mallis & Associates, we do our best to get you the treatment and compensation you deserve!
Different types of criminal law
Criminal law divides crimes into two main categories, felonies and misdemeanors.
A felony is generally considered a crime of high seriousness, while a misdemeanor is not. One aspect that differs a felony from a misdemeanor is that a felony is usually punishable by a prison sentences of greater than one year. In a felony case, court room procedure must be strictly observed so the defendants’ rights stay protected. Some examples of felony crimes include murder, rape, terroristic threats, burglary, kidnapping, or arson.
Misdemeanors are less serious infractions. A misdemeanor is generally punished with monetary fines or community service rather than jail time. Some examples of misdemeanor crimes include simple assault, disorderly conduct, first DUI/DWI, trespassing, solicitation and vandalism.
Federal vs. State Prosecution
The rules change depending on whether the crime is charged in State or Federal Court. Most criminal matters are dealt with in state courts unless the crime occurred on federal property, a federal employee committed the crime, or the criminal activity affects interstate commerce. For the government to have power to regulate behavior, it must have “jurisdiction,” which means the crime occurs within a state’s boundaries, violates a state’s laws, and therefore gives that state the power to prosecute. Likewise, a crime that occurs on federal property authorizes the federal government to deal with the suspect. Some crimes violate both state and federal law, which enables both governments to bring criminal charges.
What should I expect when being charged with a crime?
An attorney can help you in the following criminal situations:
- If you are arrested, you can ask for your attorney to be called to the police station.
- A lawyer will identify and explain your rights after you are detained by the police.
- An attorney can work for the arrangement of a bail.
- Your legal representative will explain and take all the necessary legal action.
- Your attorney will give you information about what to expect if you face criminal charges.
Before you speak with the police or any officer of the court about claims of wrongdoing, it’s a good idea to have a criminal lawyer present to defend your rights.
For either a felony or misdemeanor offense, your first court hearing will be called an initial appearance (arraignment). At the initial appearance, the judge will read and if necessary explain the charges filed against you. You will also be advised of your right to legal representation. If you’ve requested counsel or counsel has been appointed, or if you indicate that private counsel will be retained, a plea of not guilty is entered. If you enter a not guilty plea, a trial date will be set.
If you plead guilty, either a date will be set for sentencing or the magistrate or judge will impose probation, fines or other sentences immediately. In some cases, the judge or magistrate may allow a defendant to plead nolo contendere, or no contest. In many jurisdictions, a plea of no contest is equivalent to a guilty plea, except the defendant is not directly admitting guilt.
If you plead not guilty, the judge or magistrate typically sets the amount of bail.
For a felony, you would not enter a plea. The matter is set for preliminary hearing to establish if a crime has been committed and if there is probable cause to believe that you committed the offense(s). The judge or magistrate will also set the amount of bail, if applicable.
During the preliminary hearing, the government must demonstrate to a judge or magistrate that there is sufficient evidence, or probable cause that you committed the crime. If the court finds there is no probable cause, the matter is dismissed. If probable cause is established, the case is transferred to trial court.
With the support of a criminal lawyer, you can raise questions about the basis of the charges you face, and the handling of testimony, evidence and police and court procedures.
If you would like to set up an appointment with a criminal law attorney at Young, Marr, Mallis & Associates, please contact us at (609) 755-3115.
We are in Middlesex County 2 Tower Center Blvd. on the 19th Floor, East Brunswick, NJ 08816, near the Tower Center Bus Station.