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As one of the states with the strictest gun laws, New Jersey places significant restrictions on the transportation of firearms. If you’re planning to transport firearms within the state, you will want to be well-informed about the basic requirements as well as the penalties for violations.

When traveling through the state with a firearm, it is essential to take the necessary steps to ensure compliance and avoid serious consequences. Even if you were legally allowed to possess a firearm in your home state, it does not automatically mean you can possess it in New Jersey, as different states have different gun laws. If you are unsure whether your firearm is legal to transport, consulting with our legal team is highly recommended. Non-compliance with New Jersey’s firearm laws can result in severe consequences, including fines, imprisonment, and the loss of your right to own firearms.

For a free case review, contact our Atlantic City criminal defense attorneys at the Lombardo Law Group, LLC at (609) 418-4537.

Understanding the Rules for Transporting Firearms in New Jersey

New Jersey is known for having some of the strictest gun laws in the United States. To ensure the safety of its residents, the state has mandated that firearms must be transported in a specific manner. According to the Graves Act, firearms must be unloaded and contained in a closed and fastened case, gun box, or securely tied package while being transported. They can also be locked in the trunk of the automobile.

In New Jersey, the Graves Act enforces mandatory minimum sentences for certain firearm-related offenses. Specifically, under N.J.S.A. § 2C:43-6, individuals who are found guilty of illegal possession of a firearm are subject to a minimum mandatory sentence of three years. Importantly, this sentence does not allow for the possibility of parole during the three-year period. This means that anyone convicted of this offense will be required to serve a full three years in prison without the possibility of early release.

It is essential to note that both residents and out-of-state offenders face severe penalties for violating the state’s firearm transport laws. Even if someone is legally permitted to carry firearms in their home state, they can still be prosecuted under the Graves Act if they violate New Jersey’s stringent transport laws. Fortunately, the law considers this and provides ways of mitigating the worst penalties if stopped while transporting a firearm from another state.

Mandatory Minimum Sentences Under the Graves Act for Transporting Firearms in New Jersey

The Graves Act mandates mandatory minimum sentences for certain firearm offenses. Under this law, offenders who commit second-degree offenses are subject to a sentencing range of between five and ten years in New Jersey State Prison, with a minimum of three years. However, the sentencing for Graves Act offenses starts at a mandatory five years in prison, with a parole ineligibility period of 42 months.

Another critical aspect of the Graves Act is the period of parole ineligibility. According to the Graves Act, offenders must serve at least 42 months of their sentence without parole eligibility, or one-third to half of the sentence imposed, whichever is greater. For instance, when an individual is convicted of a fourth-degree crime, the mandatory sentence that they must serve is 18 months in state prison. This sentence must be served in its entirety, and there is no possibility of parole.

How Are Out-of-State Offenders Treated Under the Graves Act for Transporting a Firearm in New Jersey?

Many out-of-state visitors to New Jersey are lawful gun owners in their home states. However, ignorance of New Jersey’s stringent gun laws can lead to serious legal consequences. Fortunately, our firearm possession defense attorneys can help regardless of where you are from. Remember, the Graves Act does not differentiate between residents and non-residents when it comes to unlawful possession of firearms.

However, in 2014, a directive clarified the application of the Graves Act to out-of-state residents. It stipulates that the Graves Act applies in cases where the defendant is an out-of-state resident who produces proof that they legally owned the firearm in their home state, were merely passing through New Jersey, and had taken reasonable steps to secure the firearm. However, under certain circumstances, out-of-state residents might be eligible for a Graves Act Waiver or Pretrial Intervention.

A Graves Act Waiver Could Help Avoid Prison Time for Transporting a Firearm in New Jersey

When someone is convicted of a Graves Act offense, they are faced with the possibility of mandatory minimum prison time. However, there is a way to avoid incarceration by obtaining a waiver of the mandatory minimum sentence requirement. To qualify for this option, the offender must not have any prior weapons offense convictions.

The judge can be asked by the prosecutor to grant a waiver, which would permit the offender to avoid imprisonment or receive a shorter sentence. The aim of these exemptions is to decrease the necessary minimum sentence to one year of probation, enable Pretrial Intervention, or establish eligibility for parole, but only if the offender admits guilt.

When arguing for a shorter sentence, the prosecutor and defense need to provide strong evidence that justifies going against the mandatory minimum sentence of three years as mandated by the Graves Act. The argument presented by the prosecutor usually involves the interests of justice and takes into account different factors, such as the offender’s criminal history, the nature of the offense, and other mitigating circumstances.

For instance, attorneys might argue that the offender committed the crime under extreme duress or that the mandatory minimum sentence would result in undue hardship for the offender’s family. They might also cite examples of cases where a lesser sentence was imposed for similar offenses.

Mitigating Factors for Waiver Approval

When a defendant is seeking a waiver of the Graves Act, the court will consider both mitigating and aggravating circumstances before making a decision. Mitigating factors are those that can increase the likelihood of the waiver being approved.

Some common examples of mitigating factors include the defendant having no prior criminal record, not intentionally causing or threatening serious harm, not anticipating that their actions would result in serious harm, being strongly provoked, making restitution to the victim or planning to do so, participating in a program or community service, and acting in a manner that is not likely to occur again because of special circumstances.

These factors are taken into consideration because they demonstrate that the defendant is unlikely to pose a future threat to society and is willing to make amends for their actions.

Aggravating Factors Against Waiver Approval

However, certain factors might decrease the likelihood of approval. These are known as aggravating factors, and they include a variety of circumstances related to the nature of the crime and the defendant’s criminal history.

One of the most significant aggravating factors is the severity of the crime committed. If the crime was particularly heinous or involved violence, for example, it might be more difficult to obtain a waiver. Similarly, if the crime involved fraud or other financial incentives, this might also decrease the odds of approval.

Another aggravating factor is if the crime was committed against someone the defendant knew or should have known was over the age of 60. Crimes committed against law enforcement officers are also considered aggravating factors.

Finally, a defendant’s criminal history might also decrease their chances of obtaining a waiver. If they have a prior criminal record, especially for similar offenses, this might make it more difficult for them to convince authorities that they deserve a second chance.

Is Pretrial Intervention an Option When Facing Charges for Transporting a Firearm in New Jersey?

Pretrial Intervention (PTI) is a program in New Jersey designed to offer defendants an alternative to formal prosecution by meeting certain requirements. If successfully completed, PTI can lead to the dismissal of charges. PTI is an effective way to reduce the burden on the state’s criminal justice system and provide a second chance for those who are eligible.

However, the PTI program’s application in cases involving out-of-state residents charged under the Graves Act is not straightforward and depends on several factors. In such cases, the eligibility for PTI is determined on a case-by-case basis, taking into consideration various factors. These factors include the circumstances surrounding the offense, the defendant’s prior criminal history, and whether the defendant was merely passing through New Jersey.

Additionally, the court might consider other factors, such as the defendant’s age, employment status, and family background. The court might also take into account any favorable or adverse factors that might affect the defendant’s ability to complete the PTI program successfully.

However, the Graves Act has undergone some recent changes that could have significant implications for pretrial intervention in future cases. Under the new amendments, Pretrial Services is required to recommend no release in instances where a defendant has been charged with certain Graves Act offenses.

The legislation also establishes that a pretrial recommendation of no release for specific Graves Act offenses might constitute prima facie evidence, which means that it is sufficient to establish the fact without any further proof, and this might be enough to overcome the presumption of release if the court determines that there is probable cause to believe that the defendant committed such offenses. This means it could become much more difficult to procure pretrial intervention in cases under the Graves Act, even if you were just passing through New Jersey when arrested.

How Plea Bargains Work Under the Graves Act in New Jersey

In New Jersey, strict limitations have been established regarding plea bargaining in cases involving the Graves Act. In such cases, a court is prohibited from accepting a plea that provides for the dismissal of a firearm offense that carries a mandatory term unless certain conditions are met. For example, the prosecutor must declare in open court that the evidence in the case is insufficient to support a conviction.

Alternatively, they might state that the probability of dismissal is so high that the interests of justice warrant a dismissal. Also, the defendant must be sentenced to a term of imprisonment equal to or greater than the term that would apply under the Graves Act charge being dismissed.

The prosecutor must also place on the record that the plea bargain is essential to ensure the defendant’s cooperation with the prosecution. Any sentence that is imposed in a manner that violates these limitations is considered illegal and subject to correction at any point in their case.

How to Defend Charges for Transporting Firearms in New Jersey

Defending against charges for transporting firearms in New Jersey requires a comprehensive understanding of the rights afforded to you and the limitations placed on law enforcement. While firearms present a serious threat, it does not give the state license to violate your rights. As such, the following defenses might be helpful if you were stopped while transporting a firearm in New Jersey:

Challenge the Consent Given for the Search

One of the most common defense strategies is to challenge the validity of the consent given for the search. Consent is considered to be the most straightforward way for law enforcement officers to justify a warrantless search.

However, for consent to be considered valid, it must be given freely and voluntarily. If there is any evidence of coercion or duress, it can invalidate the consent and render the search unlawful.

Challenge a Vehicle Stop

The Fourth Amendment to the United States Constitution provides crucial legal protection that safeguards individuals from arbitrary or unjust searches and seizures of their property by government officials, including police officers. The law is designed to ensure that law enforcement agencies cannot invade the privacy of individuals without first having a valid reason to investigate.

If you were to be pulled over by a law enforcement officer or subjected to a search without a valid reason, any evidence obtained from such a search could potentially be excluded from your case. This is because the evidence would be considered “fruit of the poisonous tree,” meaning it was obtained illegally or unconstitutionally.

The police must have reasonable suspicion or probable cause to conduct a stop or search. Reasonable suspicion requires a law enforcement officer to have a reasonable belief that a person might be involved in criminal activity. Probable cause is a higher standard that requires law enforcement to have a strong belief that a person has committed or is about to commit a crime. If the officers do not have either of these, the stop can be challenged in court, and the evidence seized can be tossed from the case.

Challenge Bad Warrants

Another crucial strategy is to challenge the legitimacy of the warrant issued against you. If a warrant was issued or executed incorrectly, any evidence obtained through such a warrant might be considered inadmissible in court.

Our legal team can assist you in thoroughly examining the warrant to uncover any possible irregularities. We will scrutinize every detail of the warrant to identify any potential flaws and inconsistencies and use our experience to present a strong argument in court.

Our New Jersey Firearm Possession Defense Attorneys Can Help You Defend Your Case

Call the Lombardo Law Group, LLC at (609) 418-4537 to receive a free case assessment with our Atlantic City firearm possession defense lawyers.

As we begin to fully realize and recover from the devastating effects of Hurricane Sandy on the South Jersey area, the coming weeks will be interesting for many families who have suffered injuries or losses to their property.  In the wake of catastrophic events, many individuals and businesses find that they are unable to collect in full on their insurance claims.  The insurance claim process can be stressful, and often the needs that these claims are supposed to be used to meet are immediate.

While recovering from the immense effects of Hurricane Sandy in New Jersey, our Atlantic City personal injury lawyer explains how families who have suffered injury or loss of property can file a claim.

Filing a Claim Against Your Insurance Policy after Hurricane Sandy

Lombardo Law Group, LLC represents individuals who have been injured or suffered a loss of property and need to file a claim against an insurance company in order to be fully compensated.  Each situation is unique and what is covered under one policy may not be covered under another.  Further, there are many situational circumstances that can play into what is covered and who or what is liable for any losses or injuries that occurred.  Often you may need to file a lawsuit against your own insurance carrier to make sure that you are compensated for your loss or injury in the full amount of coverage that you paid for.  Mr. Lombardo can also advise you on what to look for in an insurance policy when obtaining coverage or deciding what policy an injury or loss is covered under.

Lombardo Law Group, LLC has successfully handled personal injury and wrongful death claims against homeowners’ insurance policies, malpractice policies, liability coverage, special form policies, and policies that exclude special form policies. Our attorneys can also represent businesses facing property damage and business interruption claims.  A seasoned litigator, Mr. Lombardo can personally prepare your case for trial, if necessary.

Often in instances of wide-spread devastation  carriers will create disaster response teams.  It is the job of these teams to make sure that claims are paid in a timely manner, however, this is not always the case. It can lead to increased scrutiny and underpayment of claims. If you are in need to file a Hurricane Sandy insurance claim, call us today. Joseph Lombardo is an experienced litigator who has been representing clients in South Jersey since 1993.

Contact Our Atlantic City, NJ Personal Injury Lawyers Today

If you or a loved one has suffered an injury or wrongful death as a result of Hurricane Sandy’s devastating effects on the Southern New Jersey region, contact us today.  We can step in on your behalf to make sure that your rights are protected and you are given the compensation that you deserve.  Similarly, if your insurance carrier denies or underpays a claim, we can represent your interests in dealing with your carrier.

Joseph Lombardo will personally sit down with you in a free initial consultation and explain exactly what policy you may be covered under and what a reasonable expectation of compensation would be.  Mr. Lombardo, a former prosecutor, has been representing clients in coverage lawsuits since 1993 and can prepare your case for the need to go to trial, if necessary.  Don’t get shortchanged, contact the Law Offices of Joseph Lombardo today at 1-(609) 445-4300.

Our practice is ready to assist out-of-state and out-of-area clients needing immediate legal representation involving traffic and criminal traffic-related matters pending before the Municipal Courts where we are experienced in routinely appearing.

Atlantic City traffic violations attorney Joseph Lombardo explains what you should do if you received a traffic ticket or charge while out of the state of New Jersey and how a lawyer can help.

Out of State Traffic Violations

Did you get a speeding ticket, DUI, DWI or other traffic violation going to or from Atlantic City and have a first Court date in a municipal Court off from the Atlantic City Expressway, Garden State Parkway Turnpike, Route 295 or the North South Freeway and are in need of a lawyer and a postponement?

If you do not have the time to travel back to New Jersey or it is just too far but you want to meet with an attorney who is experienced in handling legal matters before a Court which you must appear before, call our firm. You may arrange to retain our services through a phone consultation with an initial retainment payment to allow our office to enter a not guilty plea on your behalf as our client with the Court and to arrange for a postponement. This will allow our client to avoid missing work time or traveling long distances to meet with us for the purpose of securing our competent representation and a Court postponement.

If any out-of-state or out-of-are client matters involve traffic offenses, including speeding, we may arrange to resolve the summons with the Court by way of an affidavit which allows the client to avoid having to return to New Jersey to appear in Court. In essence we will appear on your behalf to resolve the case with the Prosecutor and subject to your approval by affidavit and the Court’s acceptance of the plea bargain. Aside from the most serious offenses that will necessitate significant trial preparation, many of the routine traffic matters will allow clients the option of meeting in person at the time of their hearing in traffic Court.

Our client services to potential out-of-state or out-of-area clients extend to all areas of our law practice.  Because we are a firm with routine practice before the local Superior and Municipal Courts in our area, we are more than able to aid clients on an emergent basis to assist in immediate legal representation involving criminal matters to conducting evidence preserving investigations of local accident scenes involving personal injury related matters.

It should be noted that it is the policy of some Municipal Courts to require the appearance of the Defendant if a letter of attorney representation is not received more than two days before the hearing date and time. In addition, all charges motor vehicle or otherwise will likely be accepted by the Court by affidavit. In order to determine if your particular case could be resolved without your appearance in Court, it will be necessary to discuss your particular situation with us.

Call Our Atlantic City Traffic Violations Attorney for a Free Consultation

If you would like more information on how we can be of assistance to you, please contact us.  Mr. Lombardo offers free initial consultations by phone.

The fourth amendment of the Constitution is what protects the rights of people from unlawful search and seizure of their personal effects. However, cause when being pulled over is a little less clear cut.

There is case claw that lays down the rules involving the search and seizure of motor vehicles, and they are complicated. For instance, the Constitution says that a persona has a right to be secure in their ‘persons, houses, papers, and effects’.  This protects against warrantless or unreasonable search and seizures, and anything found outside of a lawful search and seizure cannot be used to arrest, prosecute, or convict someone.  There are certain exceptions to the police needing a warrant to search though, including searches (on persons) related to a lawful arrest.  This  type of search was made legal in Payton v. New York in 1980.  However, these types of searches are not allowed when an officer does not extend to circumstances where the possibility of criminal activity is not immediately known, witnessed, or found to exist.  For instance, the police officer does not have the right to search or interrogate someone when searching for evidence or trying to get them to incriminate themselves when that person is not known or witnessed to have been engaging in potentially unlawful behavior.

Vehicle Search and Seizure Laws in New Jersey

When it comes to motor vehicle searches following a traffic stop, search and seizures get a little more complicated.  First off, the initial reason that the vehicle was pulled over by the police officer must be proven to have been ‘reasonable’.  If it can be proven that the initial traffic stop was not reasonable, no other information or evidence obtained through subsequent searches and interrogations cannot be used to arrest, try, or convict and individual.  So let’s say a driver is pulled over or a legitimate reason – what happens next?

A case called Wong Sun v. The United States, states that a police officer may search a vehicle and create an inventory of the content are in situations where the police officers think that the protection of the contents of the vehicle may be in danger either from being damaged, stolen, or lost.  However, another case in New Jersey named New Jersey v. Ercolano held that a police officer must have a ‘substantial need to conduct an inventory search’, and that if the owner of the vehicle is present (as they would be during a traffic stop), there is no need to perform a search under Wong Sun v. The United States.  As the New Jersey case law is applied, the consent of the vehicle owner must be sought (when they are present) before the police can search your vehicle.

The New Jersey State Supreme Court issued an additional decision again two decades later in a case called New Jersey v. Mangold in which the court held that contraband discovered through a search or inventory conducted prior to allowing vehicle owners or occupants to utilize their own means to safeguard their own property would be inadmissible in the arrest, prosecution, or conviction of an individual. That case went further to state that in order for inventory of the vehicle to be taken in the event that the driver consents, there must a standardized procedure applied in which police officers must have lawfully impounded the vehicle, the inventory search is not conducted with the intention of conducting an ‘exploratory’ search (which limits the scope of a search to non-intrusive alternatives), and that option is given to the owner to consent to the inventory (without consent or reasonable expectation that the contents will be unsafe if the driver is not present, an inventory cannot be conducted). This last part is important – even if not given or received, the owner must have an opportunity to remove belongings prior to the inventory being conducted.

Probable Cause for a Police Officer Searching Your Car in NJ

Probable cause to search areas of the car besides those in plain view or a passenger compartment (the areas in the door) can only be established when suspicious items are found in plain view or within one of those compartments.  If a lawful search is conducted and suspicious items are found in plain view or in those compartments, the police officer is then allowed to search the truck and other areas that would need an ‘intrusive’ search to be reached.  A court later held that a ‘small’ amount of marijuana in a visible area does not alone constitute probable cause to search the rest of the vehicle unless other findings or circumstances suggest that the driver is participating in the trafficking of narcotics.

New Jersey Traffic Violations Attorney Handling Illegal Searches and Seizures of Your Vehicle

First off, never consent to allow the police to search your vehicle.  It is advisable to be polite and compliant without incriminating yourself.  It is your constitutional right to both not incriminate yourself and to have our Atlantic City traffic violations attorney present before you consent to anything.  If you have been stopped and your vehicle has already been or is about to be searched, contact us today.  The Law Offices of Joesph Lombardo has been representing individuals against criminal charges stemming from traffic stops since 1993.  We represent individuals in Voorhees, Hammonton, Atlantic City, Mt. Laurel, Egg Harbor, Glouchester, and every other county and township in Southern New Jersey.  We will work to make sure that your rights were not violated and we will challenge evidence and the circumstances surrounding your search and arrest.  We will work to have the charges against you lessened or dismissed, all while preparing your case for the possibility of a trial.  Mr. Lombardo, a former Municipal County Prosecutor, is ready and willing to carry the defense against your charges through trial, if necessary.

If you’ve been injured on the job in New Jersey, you probably have a number of concerns, the most pressing of which is probably your well-being and the well-being of your family. But what if you have immediate needs such as medical bills and family obligations that must be met?

Atlantic City workers’ compensation lawyer Joseph Lombardo discusses the different types of workman’s comp benefits available to those injured at work in New Jersey.

Temporary Disability Compensation in New Jersey

An individual who has suffered an on the job injury is entitled to receive compensation for necessary doctors and hospital visits and prescriptions.  Depending on the type of employee you are, temporary and long-term disability benefits may available to you regardless of who was at fault in the injury.  Typically, temporary disability benefits cover lost wages and medical bills while you are unable to work and are under regular medical care related to the injury.  This type of compensation usually consists of 70% of the a person’s average weekly income, with a minimum and maximum in place.  In 2011, the minimum temporary worker’s compensation was $211 per week.  The maximum compensation in 2011 was $792 per week.

Long-Term Disability Compensation for Injured Workers in NJ

If you are unable to work for an extended period of time, you may qualify for long-term disability compensation.  Your employer’s insurance may provide benefits automatically or you may be required to apply for worker’s compensation to be paid.  Benefits will begin under the supervision by a doctor and will usually end when a doctor releases you from their care and determines that you are able to return to work.  Often times, at your fist visit, your doctor will ask you if your injury occurred at work.  To apply for long-term worker’s compensation, there is paperwork that must be filed within a set period of time following an injury.  This is a very hard requirement.  If you have been injured and are unable to work for an extended period of time, it is best to consult an Atlantic City on the job injury lawyer regarding the necessary paperwork and what types and amounts of compensation you are entitled to.  It is highly advisable that you not discuss your case with your employer’s insurance carrier before consulting with an attorney.   They often may not have your best interests in mind and you might be entitled to more compensation (either through worker’s compensation or a personal injury lawsuit) than they will offer you.  Retaining an experience personal injury and worker’s compensation attorney will ensure that your rights are protected, that the necessary paperwork is filed correctly and on time, and that you receive all compensation that your are entitled to to both cover your immediate and long-term medical and financial needs.

Call Our Atlantic City Workers’ Compensation Attorney for a Free Consultation Today

If you have been injured on the job in New Jersey or in any of the Counties in South Jersey, having an experienced Atlantic City personal injury lawyer on your side can make a big difference in ensuring that you correctly and fairly compensated for your injury.  Lombardo Law Group, LLC has been representing individuals injured not only on the job, but also in motor vehicle accidents, occurrences of negligence, and because of product defects in every county in Southern New Jersey since 1993.  Joseph Lombardo will personally meet with you in a free initial consultation to discuss your case, and explain in plain English what the process of filing a personal injury suit will entail and what you can expect.  Mr. Lombardo will work to ensure that you receive all of the immediate and long-term compensation that you are entitled to and that your needs are met.  Mr. Lombardo is available to come to your hospital or make home visits for a consultation.

Sometimes, before an individual is charged with a crime, the police will ask them to come in for questioning in regards to that crime.  That person may be under investigation already, or the police may just want a statement to help build a case against someone else.  Either way, receiving a request to come in for questioning can be a nerve-wracking experience.

Atlantic City criminal defense attorney Joseph Lombardo discusses your legal rights if you are asked to go in for police questioning or interrogation in New Jersey.

Can You Refuse to Go In for Police Questioning in New Jersey?

Short of a subpoena or being charged with a crime, you are not legally obligated to go to the police station for questioning.  However, think about it from the perspective of the police – if you did nothing wrong, what would be your hesitation to come in for questioning?  If you deny a request to come in for questioning, they may intensify their focus on you and try and build a case for arresting you and forcing you to come in for questioning.   Another point to consider is that, in most cases, if they had enough evidence to arrest you and force you to come in for interrogation, they probably would have done so.  So if you are being asked to come in for questioning,  it is very likely that they suspect you in relation to a crime, but do not have enough evidence to arrest you yet.  It is for that reason that you may not want to flat out deny a request by the police to come in to be interviewed.

How Your Miranda Rights Apply to Police Questioning

What you may want to consider doing is enacting your constitutional right to have an attorney present during any questioning that goes on.  Even though you have not been arrested, your constitutional Miranda Rights still apply because you are being questioned by the police.  If the police do not make you aware of your Miranda Rights prior to questioning, regardless of whether you are in custody or not, nothing you say can be used against you in the prosecution of a crime.

Again, they can only use information that you give them during questioning against you if they have made you aware of your Miranda Rights. You can preempt their reading you of your rights by agreeing to participate in their questioning, but asking that your attorney be present. Your criminal defense attorney can negotiate the parameters of your interrogation and will coach you on what answers to give and what you questions you should answer and what questions you should not.  If you evoke your rights to have an attorney present or remain silent, the interrogation must stop.

You should note that verbally refusing to acknowledge your Miranda Rights by saying something along the lines of “I do not acknowledge my Miranda Rights” or refusing to sign a piece a document saying that you were made aware of your rights will not protect you against incriminating statements that you make. The Supreme Court ruled on a case in which a murder suspect refused to acknowledge his Miranda Rights in writing and later went on to make statements that were used in his conviction. The Supreme Court ruled that the suspect’s failure to acknowledge his Miranda Rights amounted to his waiving those rights.

Do I Need an Attorney for Police Interrogation if I Haven’t Been Charged with a Crime?

The main reason, regardless of whether you have committed a crime or not, is that the police know exactly what they are doing and you do not.  The police are trained in interrogation techniques and how to get individuals to incriminate themselves or others.  The police also know exactly what they are looking for.  They have the evidence, and they know exactly what questions to ask in relation to that evidence.  You may not even know or think that you are incriminating yourself or someone else by answering their questions because they know exactly what information they are trying to get out of you — you do not.

Going back to the earlier point, you were most likely asked to come in because the police did not have enough evidence to arrest you, their goal during questioning is to have that evidence they need for an arrest come directly from your mouth. Having an experienced criminal defense attorney present will ensure that your rights are protected, help you make sure that you do not say anything to incriminate yourself, and add an element of control on your behalf to the proceedings. There are also differences in what you might think of as your Miranda Rights and how the court has ruled or applied those rights.

For instance, the police may interrogate you, read you your Miranda Rights, have you evoke your rights and stop the interrogation. The police are then allowed to wait several weeks, bring you in for interrogation again, and not read you your Miranda Rights because the Miranda Rights from the previous interrogation session are still considered to be in place and any cooperation in the second interrogation session would constitute a waiver of those rights.

The police know exactly what they are doing. They know how to apply the law to gain information or better yet, a confession. Involving an attorney as early in the process as possible will ensure that your rights are protected and that don’t say anything to incriminate yourself.  It is highly advisable that you do not go it alone – you don’t have to.

Our Atlantic City, NJ Criminal Defense Attorneys Can Represent You

If you have been asked by the police to come in for questions related to a crime, contact our New Jersey criminal defense attorneys today. Lombardo Law Group, LLC has been representing individuals under investigation for crimes and those who have been arrested and charged with crimes since 1993.  We represent individuals across New Jersey. We will step in to make sure that you don’t do anything to incriminate yourself or a loved one and that your rights are protected at every step along the way.

If you are subsequently charged with a crime, having been involved from the very beginning will allow us to build the earliest and best possible defense from those charges.  We will work to challenge evidence and have the charges against you reduced or dropped.  If necessary, we will also be prepared to go to trial in your defense.  So if you have been arrested, asked to come in for questioning, or you suspect that you are under investigation, contact us today — we will work to protect your rights.

Are you looking to hire an attorney and are curious about the costs? Atlantic City criminal defense lawyer Joseph Lombardo of Lombardo Law Group, LLC invites you to keep reading about the attorney selection process, how much is likely to cost you, and the various factors that may affect the cost of hiring a lawyer in New Jersey.

The Costs of Retaining a Lawyer for Your Criminal Case in NJ

The cost of retaining a criminal defense attorney to represent you can vary depending on the crime that you have been charged with, the jurisdiction, and how experienced the lawyer is. Before you are required to pay anything, most lawyers will typically meet with you to discuss your case, explain to you in plain English about the charges you are facing and what the consequences could be. That situation might be different if you are contacting an attorney while you are incarcerated or are in the process of being arrested. Most attorneys require a fee called a retainer. A retainer is the cost to retain the lawyer to represent you.

The attorney then counts your legal bills against that retainer until it either is or isn’t used up. A more complex case will require more work and thus, usually a larger retainer. For instance, Federal criminal cases, are often more complex, and attorneys with experience defending Federal criminal charges less common, so it might cost more to retain a lawyer in those cases. Other matters that may require higher retainers include charges that may have an individual facing a lengthy or life in a prison sentence – charges such as attempted murder, negligent homicide, possession with intent to distribute, arson, terrorist activity, and rape or attempted rape. In many cases, the legal fees are a small price to pay in order to adequately defend yourself, avoid lengthy jail sentences, or have your charges reduced or dismissed.

Factors that Affect the Cost of Hiring a New Jersey Criminal Defense Attorney

Any criminal defense lawyer you retain should be experienced, able, and willing to bring your case to trial if necessary. If the charges, evidence, or situation surrounding your arrest can be brought into question, it may be necessary to go to trial.  If you retain an attorney based on price and not experience, they may not be the best option in the event that your case has to go to trial.  It is often strenuous to switch attorneys leading up to a trial.  The new attorney will have to review all the evidence, may want to make motions of their own, and prepare for trial in a shorter amount of time than the original lawyer. The amount of work the case may take can affect the cost of retaining an attorney. If you are able, it is best to retain a lawyer who is experienced and able in handling criminal defense trials to verdict.

When Should I Contact an Attorney?

You should contact a criminal attorney anytime you have been accused of committing a serious crime.  If you have been charged with juvenile crimes, drug possession, drug manufacturing, drug distribution, sex crimes, assault, kidnapping, battery, DUI, manslaughter, forgery, theft, domestic violence crimes,  fraud, murder, or any other crime where you face severe penalties including fines or imprisonment you should immediately contact a criminal defense lawyer.  Contact a criminal defense attorney today in order to ensure your rights are preserved and protected.

What Types of Questions Will My Criminal Defense Attorney Ask Me?

Since every case is different there is no comprehensive list of questions that a lawyer should ask. However, your attorney is an expert and he or she will target his or her questions to your unique situation and needs.

He or she may start by asking you questions about the alleged crime.  Your attorney might want to know how you perceived the events.  To achieve that the lawyer may ask you many highly detailed questions. These questions may include anything from the time to your surroundings, to the chronology of the events.  In answering these questions it is essential that you are forthcoming and honest with your lawyer.  If you make misstatements to your attorney they may damage your case and require your attorney to notify the court if the misstatement is repeated in court.

Other questions your criminal defense attorney may ask include whether there are any witnesses. Witnesses can help corroborate your account of the events and weaken the case against you. A weaker case could result in charges being reduced or dropped.

Your lawyer may also want to know about your background and criminal history. A clean record and good background could help your attorney negotiate a plea bargain rather than risk more serious consequences. Further, full knowledge of your history will allow your lawyer to clearly and accurately explain the potential consequences you could face.

Call Our Atlantic City, NJ Criminal Defense Attorney for a Free Consultation

If you want to learn more information about how much it will cost you to hire a criminal defense attorney in New Jersey, contact our lawyers today. Lombardo Law Group, LLC has been representing individuals charged with crimes of all levels of severity since 1993. We are able and ready to go to trial if necessary in the defense of our clients.

Criminal defense lawyer Joseph Lombardo, a former Municipal Prosecutor, will personally meet with you in a free initial consultation to discuss your case and explain the process and what consequences you are facing. Joseph Lombardo has defended clients through trial in across Southern New Jersey.  He is also available 24 hours a day for emergency or jail consultations. Contact us today for a free consultation at (609) 445-4300.

Perhaps you were injured and didn’t know what the full long-term effects of your injury would be.  Perhaps you required additional surgery long after your accident.  There are a number of reasons why a person would wait to file a lawsuit following an accident, and when you are thinking about filing a suit after an injury, it is important to understand what the statute of limitation is and how long you have after an accident to file suit.

The statute of limitations is a rule that sets the period of time following an injury during which the lawsuit seeking damages must be filed.  If a person fails to file their lawsuit during the statute of limitations, a lawsuit may not be able to be filed.  In New Jersey, the statute of limitations is set forth in several state statutes. Keep reading while Atlantic City personal injury lawyer Joseph Lombardo discusses.

Statute of Limitations on Personal injury Lawsuits in New Jersey

Generally speaking, the statute of limitations for an adult filing a lawsuit in personal injury matter in New Jersey is two years from the date the accident and injury occurred.  If you were under the age of 18 at the time of an accident, the statute of limitations is two years from the date that you turn 18, regardless of what age you were when an injury occurred.

Deadline for Medical Malpractice Claims

Medical malpractice lawsuits are slightly different.  Generally, an adult has two years to file a lawsuit from the time that that person could have known that medical malpractice occurred – although this starting date could be the date that you obtain your medical records and take them to an attorney for a consultation.  If you were a minor and malpractice occurred, you have two years from the date of your 18th birthday.  If medical malpractice occurred during birth, that rule may not apply, however, and you either have the two years from your 18th birthday (if you were born before July, 2004) or until your 13th birthday (if you were born after July, 2004.)

Deadline for Wrongful Death Claims

The statute of limitations on filing a wrongful death claim in New Jersey is within two years of the decedent’s death, this includes claims for pain and suffering prior to death.

Deadline for Product Liability Claims

A lawsuit seeking damages for injuries resulting from the use or exposure of a product can also be filed against the manufacturer of a product.  If an injury was caused as the result of a product being dangerous, having inadequate protection against those dangers, or if the injury occurred as a result of a deficiency in the design, manufacturing, or distribution of the product, you may have the right to file a product liability lawsuit.  The same time frame of  statute of limitations applies to lawsuits seeking damages in regards to product liability — two years from the date that the injury occurred.

Statute of Limitations for a Lawsuit Against a County, Township, Municipality, or Public Entity

If you are an adult and are planning on filing suit against a municipal or public entity, a notice of the claim must be submitted to the entity in writing within 90 days of the accident or injury.  If you were a minor at the time of the accident, you have until 90 days from your 18th birthday, or until the age of 13 if the injury was a result of medical malpractice at birth.

Contact Our Atlantic City, New Jersey Personal Injury Lawyers Today

If you have been injured and are thinking about filing a lawsuit seeking damages, please contact us immediately.  Lombardo Law Group, LLC has been representing the rights of individuals injured in accidents and by defective products since 1993.  We can work to ensure that those responsible for your injury are held accountable.  Joseph Lombardo has represented clients in matters related to personal injury in Vineland and across every county in Southern New Jersey.

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Haddonfield (Main Office)
25 Chestnut Street, Ste 2
Haddonfield New Jersey 08033
(856) 281-9600
(877) 340-0609
Hammonton Office
Hammonton, New Jersey
(609) 561-8100
(877) 340-0609
Atlantic City Office
1014 Atlantic Avenue
Atlantic City, New Jersey 08401
(609) 318-6196
(877) 340-0609
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