Spanish Speaking, NJ Criminal Defense Attorney, Thomas DeMarco. A lawyer serving Central and Southern New Jersey.
Staying Current: New Developments in the Law
With new court cases and rulings coming out all the time, the law is a constantly changing creature. When selecting an attorney to handle your legal matter it is important to look for someone who follows the latest changes in the law, and understands what they mean for you.
At DeMarco & Associates, we regularly monitor the Supreme Court of New Jersey and Appellate Courts for new caselaw to ensure that our representation is always on the cutting edge. Here, for example, are some recent changes to be aware of.
BURDEN OF DISCLOSURE ON PROSECUTORS There is a new bail law which just came out on January 1st, 2017. It’s called the New Jersey Bail Reform Act. An appellate court recently held that under the act, prosecutors are required to give defense lawyers copies of evidence they have regarding the accused’s case within 48 hours of arrest. If, for example, there has been a positive identification of the defendant by eye-witnesses, or surveillance videos of the crime scene, the prosecutor cannot simply advise that this evidence exists and will be provided at a later date. But must actually make witness statements and video copies immediately available to the defendant. (New Jersey v. Habeeb Robinson)
RIGHTS OF PASSANGERS DURING A TRAFFIC STOP The New Jersey Supreme Court recently handed down an important case here. Lets’ assume the police stop a car. If the driver reaches under the seat, the police now have the right to force all occupants of the car out of the vehicle. In other words, if your driver acts “fishy” with the police during a stop, he is now giving the police a reason to tell YOU: “Step Outside.” So be careful who you ride with, and always keep your hands where police can see them! (State v. Tawian Bacome)
RULES OF EVIDENCE As of January 2017, the Court limited the prosecution’s ability to introduce certain types of evidence against defendants in 500 foot drug cases without calling a witness to authenticate. (State v. Wilson)
WARRANTLESS HOME SEARCHES As of January 2017, the Court further limited the types of cases in which police officers are allowed to perform warrantless searches of the home. Convictions based on evidence obtained from improper warrantless searches can be thrown out. (State v. Legette)
SENTENCING OF JUVENILE OFFENDERS As of January 2017, The Court limited the ability of sentencing judges to impose consecutive (1 piled on top of the other) prison sentences in cases involving underage Defendants. (State v. Zuber)
FREE LEGAL TIPS:
9 Typical Errors People Make in Criminal Cases & How to Prevent Them
1. Being impolite or less than courteous with police. Do not give the police an excuse to make a bad situation (for you) worse or inflamed. Do not give the police the ability to use force or violence on you.
2. Resisting arrest or being uncooperative. This only hurts your case and can be used as evidence of guilt.
3. Letting the police search your car, home or worksite. In order for police to search these areas, they need a search warrant or proper paperwork. Never give police permission to search unless they present you with the proper documents. Fully read any search warrant. Then, determine the scope of the search and seizure. Also, ask to watch the search itself.
4. Failing to ask if you are now under arrest. Remember should the police officers say yes that you are under arrest then, you have certain rights. These include the right to know the reason for the arrest.
5. Making voluntary statements to law enforcement officers. When police talk to you about a crime, you are not required to make any statement to them. Because you have the right to remain silent, you shouldn’t make any statement. If you want to make a statement, tell the police that you want your attorney present with you.
6. Voluntarily giving law enforcement any of the following samples: fingerprints, clothing, DNA, handwriting, or body fluids. You don’t have to give the police these items without either your attorney’s permission or a Court’s order.
7. Taking a lie-detector or polygraph or test. Test results are not used (admissible) in court. So if you fail the test, you lose. Even if you pass the test, it will not be helpful to you.
8. Not telling your attorney all the facts about your matter. If you’re honest with your attorney, he can handle your case more effectively. He cannot give you the best representation possible, if your attorney does not know all the facts about your case. Do not surprise your attorney with facts he only learns of at your trial or a hearing.
9. Choosing an attorney who is in-experienced in criminal law or without trial experience. Serious consequences (both now and in the future) flow from criminal charges. Choosing an experienced attorney with skill can affect the results of your case. For example, knowing the number of jury trials and what kind of jury trials your attorney has handled, can give you a picture as to the knowledge that the attorney has.
Criminal Defense and Driving While Intoxicated or Under the Influence i.e. DWI/DUI; Drunk Driving Attorney, Serving all NJ. Office in Mount Ephraim, Camden County, New Jersey.
YOUR EXPOSURE IN CRIMINAL CASES: MAXIMUM JAIL TIME & FINES FOR CRIMES
• First degree crime: 20 years NJ State Prison with a $200,000 fine;
• Second degree crime: 10 years NJ State Prison with a $150,000 fine;
• Third degree crime: 5 years NJ State Prison with a $15,000 fine;
• Fourth degree crime: 18 months NJ State Prison with a $15,000 fine;
• Disorderly Persons Offense: 6 months County Jail with a $1,000 fine;
• Petty Disorderly Persons Offense: 30 days County Jail with a $500 fine.
Our law firm is committed to providing the highest level of client service. From its inception, our law firm has placed an emphasis on providing legal services that make sense from the client’s perspective. Call today for your free interview.
YOUR RIGHTS AS A DEFENDANT IN NJ COURT
• You are PRESUMED TO BE INNOCENT unless & until proven guilty beyond a reasonable doubt.
• You have the RIGHT TO BE TOLD OF THE CHARGES against you.
• You have the RIGHT TO REMAIN SILENT about the charges and anything you say may be used against you.
• You have the RIGHT TO HIRE AN ATTORNEY of your choice.
• You have the RIGHT TO HAVE AN ATTORNEY APPOINTED if the judge finds that you can’t afford an attorney, and there is a likelihood that if convicted, you will either go to jail, receive a substantial fine or your driver’s license will be suspended.
• You have the RIGHT TO ASK FOR A POSTPONEMENT so that you may have a chance to consult with your attorney and prepare a proper defense.
• You have the RIGHT TO TESTIFY OR NOT and not testifying cannot be used against you.
• You have the RIGHT TO BRING WITNESSES TO COURT to testify for you.
• You have the RIGHT TO A TRIAL and to cross-examine witnesses against you and to present a defense on your behalf.
• You have the RIGHT TO TAKE AN APPEAL of any conviction.
My pledge to you: I will leave no stone unturned in your case while seeking the best possible results.” To discuss your case and set your worries aside, please call Toll Free (800) 541-6464 (24 hours a day, 7 days a week). That way, I can evaluate your legal problem and help you understand it quickly. I’ll guide you, so you can make the right choices. I’m 100% on your side and offer the following:
• Free interview (by telephone if you like)
• No obligation (a free evaluation of your case without you spending a dime)
• Reasonable Fees and Payment plans available
• Our staff is always professional, courteous and helpful
We speak Spanish *** Se Habla Español