“The New Jersey Criminal Defense Attorneys at our firm are highly adept at challenging every detail involved in your case, and finding the loopholes that can lead your charges to be dismissed.”
Criminal Defense Lawyers in Essex County, Morris County, Bergen County NJ
Depending on the facts of your case, you might have viable defenses that can be used to get your criminal charges dismissed entirely. If you would like to discuss how they may apply to your specific situation, contact our talented team of criminal defense lawyers serving clients throughout New Jersey for a free consultation. Whether you are facing charges for assault, theft, drugs, weapons, domestic violence, fraud, or another alleged violation of the many NJ criminal statutes on the books, our attorneys have successfully handled many cases like yours during our careers and we know how to assist you.
An initial strategy in any case involves challenging each element of the “discovery” in your arrest and the charges that follow. The discovery is the entire file of evidence against you. It includes paperwork filed by the arresting officer, the circumstances surrounding your arrest, the probable cause for either pulling your over or searching you, and a huge array of other details. Challenging any of the elements within your discovery could potentially lead to your case being thrown out.
If we can show that an officer didn’t have a constitutional right to stop your vehicle, to search your pockets, or if he just didn’t even have a right to be standing next to you, we can potentially have the evidence in your case suppressed. These are just a select few of the ways that we can win cases.
Access the Links Below to View Videos that Explain Just Some of Our Successful Strategies for Defending Clients Charged with a Variety of Criminal Offenses in New Jersey:
- Top 5 Ways To Beat A Criminal Charge
- How To Beat Assault Charges
- How To Beat Disorderly Conduct
- How To Beat DWI Charges
- How To Beat Gun Charges
- How To Beat Marijuana and Drug Charges
- How to Beat Shoplifting Charges
- How To Fight Restraining Orders
Should I Plead Guilty or do I Have a Better Defense in NJ?
Most people who are arrested and charged with crimes in New Jersey at least consider pleading guilty or no contest. If every criminal defendant went to trial, the court system would jam and essentially cease to function. To avoid this, prosecutors generally offer plea bargains to incentivize you to take a deal and admit committing a crime early in the lifecycle of your case, reducing strain on the court system and moving the state’s criminal caseload along. You should always ask your attorney if pleading early will help you obtain a favorable outcome, but you should also be aware that there may available defenses that can be used to secure a better result in your case. If your case continues through the court system, our criminal defense lawyers can take it to trial, and we are highly prepared for any day in the courtroom. We will evaluate any plea bargains that are offered, and if none are acceptable, we fight to completely dismantle the state’s case against you in court.
Types of Defenses in New Jersey Criminal Cases
There are a broad number of defenses that may apply in any given criminal case, but it can be helpful to know three broad general categories into which these defenses may fall. You may be able to raise constitutional defenses regarding the speed with which the prosecution brought your case to trial, or the way in which the police gathered evidence against you. These defenses may result in dismissal of the case or suppression of certain key evidence that the prosecution wants to use to prove your guilt at trial. You may also be able to raise what are called “affirmative defenses” to the charge raised. A classic example is arguing that you acted in self-defense in a situation where you are charged with assaulting or killing another person. In a third general category of defenses, your attorney may be able to argue that the prosecution has not proven every fact that they needed to prove beyond a reasonable doubt, to justify a guilty verdict.
Constitutional Rights Violations for Your Defense in NJ
The Constitution guarantees you the right to be free from unreasonable searches. If the police toss your car or your home without your consent, if they wiretap your phone without proper authorization, or if they stop you or your car without reasonable suspicion or probable cause to do so, your attorney may be able to move to suppress any evidence they obtained in violation of your rights. If the police fail to read you your Miranda rights prior to interrogating you, your attorney may be able to suppress any admissions that you made. There are many additional constitutional defenses, but these are some of the most common.
Affirmative Defenses for Your NJ Criminal Charges
Many crimes have affirmative defenses that your attorney can raise to disprove that a crime was committed. For instance, your lawyer can argue that you acted in self-defense or the defense of someone else. Or, they can argue that you acted out of necessity to avoid something worse from happening or under duress, such as if you were forced to do what you did by someone else. A good defense attorney can also argue that you were under the influence of alcohol or drugs, or mentally unstable at the time the crime took place in certain situations. There are many more affirmative defenses that apply to specific charges, so you should consult a lawyer who can evaluate your situation and explain which defenses may apply to you.
Failure to Satisfy Burden of Proof Beyond a Reasonable Doubt in New Jersey
Perhaps most importantly of all, your attorney can defend you by arguing that the prosecution has not proven everything they need to prove to the exacting standard that applies to your criminal charges. The prosecution must prove every fact necessary to support your conviction beyond a reasonable doubt. This is virtually the highest standard applicable in the American legal system. Your attorney may be able to argue that you did not act on purpose or with the right level of knowledge regarding what was going to happen after you acted. They may be able to argue that the prosecution simply got it wrong regarding whether you struck someone else, drove drunk, or had drugs in your possession. Each criminal statute contains specific elements that must be satisfied and if the State fails to establish each and every one, they do not have enough to convict you.
This is the type of high level defense that we offer at The Tormey Law Firm.
- We understand how to analyze cases from both sides of the law. Knowing how the prosecution operates allows us to diffuse their cases.
- We are familiar with the best ways to challenge the case against you, and we have advanced defense strategies for any criminal charge that you likely face. We know the methods that work consistently, and how to implement them in the courtroom.
- We often have relationships with the prosecutors that you are facing. If they know the reputation of our firm, they are far more likely to negotiate a positive resolution in your case.
- For DWI cases, I have a series of cutting edge tactics that I use , like “Challenging the Field Sobriety Tests” or “Challenging the 20 Minute Observation Period“. I’ve used these strategies in thousands of DWI cases that I’ve handled as a NJ DWI lawyer. Also, I am one of few NJ DWI Attorneys that is certified to operate and therefore challenge the breath testing device that the police use in DWI charges. There are very few attorneys that can say the same thing.
- We’ve handled thousands of criminal cases, including murder charges, gun charges, drug cases and NJ DWI charges.
- We enjoy fighting cases in court and we are passionate about winning.
- We are here for you any time you want to talk about your case, give us a call anytime.
What’s the best defense to my criminal charges? Contact us today for assistance
This just scratches the surface of defenses that may apply in your criminal case in New Jersey, whether you have been arrested on charges for aggravated assault, marijuana possession, disorderly conduct, or another offense. Call (201)-556-1570 and we can tell you more about potential defenses based on your unique circumstances.