Worried about Coronavirus? We can meet remotely. DETAILS HERE
   
Free Consultation - Available 24/7 (732) 863-5050

New Jersey's Criminal Defense Attorney

Let us help you prove your innocence.

3 Common Questions You May Have About Your Miranda Rights

When a person is arrested, the police are supposed to read them their rights as a person facing criminal allegations. This reading, sometimes known as a Miranda warning or a reading of the Miranda rights, is a basic part of most arrests and is required in many cases. However, not all arrests require the reading of these rights at the time of arrest.

If you have been arrested and are facing criminal charges, it is important that you obtain vigorously committed legal representation in your case. For a free consultation regarding your case, contact the New Jersey criminal lawyers of the Law Office of Jason A. Volet at (732) 863-5050.

Do the Police Have to Read the Miranda Rights Every Time?

It is not required that police officers always read a person their Miranda rights if they want to question them. In some cases, officers may stop someone on the street or take them to the police station and ask them about a crime without reading these individuals their Miranda rights. This is typically acceptable because these individuals are not in police custody at the time of questioning.

What Are the Miranda Rights?

The Miranda rights are a set of warnings issued to a a person being questioned by the police which are intended to prevent them from self-incrimination. These rights insulate a person against unfair interrogation or being forced by the police to make a false statement. They include the right to remain silent, the right to seek a legal advisor, and the right to stop speaking to a police officer at any point during an interrogation.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.What Happens if These Rights Are Not Read?

If an officer is supposed to read these rights, but fails to do so, the information obtained through subsequent questioning cannot be used in court. This includes any confessions that may have been issued.

What are My Rights if I am Arrested in New Jersey?

When you are arrested for a crime, you are still entitled to certain inalienable rights under the law. The police cannot take these rights from you, and if they do violate them by making a wrongful arrest or neglecting proper procedure, the charges against you may be dropped.

Under the U.S. Constitution you have the following rights:

  • The right to remain silent and not incriminate yourself.
  • The right to hire a lawyer or have one provided for you by the state.
  • The right to a fair trial before your peers.
  • Protection against improper search and seizure.

Contact Us

If you were arrested, taken into police custody, and questioned, you should have received a reading of your rights. If the police failed to do this, a skilled and experienced criminal attorney may be able to have related evidence excluded from consideration of your case.

An experienced New Jersey criminal defense lawyer can help to explain your rights and your options during questioning, your hearing, and your trial. To speak with an attorney about your criminal charges and organizing your legal defense, contact the Law Office of Jason A. Volet at (732) 863-5050.

 

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

How Can a Criminal Defense Lawyer Help Me?

With a multitude of internet resources and books available regarding how the law works, many people believe that they are capable of handling their own defense if charged with a crime. However, even minor criminal convictions can have significantly greater effects than a person may first realize. Additionally, criminal defense cases can prove complicated in some cases, virtually requiring professional legal help.

When you are arrested for a crime, the prosecution will likely take an aggressive stance to try to convict you as quickly and as severely as possible. You need an experienced New Jersey criminal lawyer who understands your rights and criminal charges and can fight back in your defense. A criminal attorney can help you through all steps of your criminal case, from advising you during police questioning to gathering evidence and testimony in your defense.

How Can a Criminal Defense Lawyer Help Me?

Attorneys can provide invaluable services during a person’s criminal defense case. Some defendants may not see the point in hiring an attorney, however. This is especially the case if they intend on pleading guilty or don’t believe that the penalties are serious enough to warrant a legal advisor’s help. However, a lawyer can provide the following important services:

  • Work through important legal procedures and paperwork.
  • Prepare a strong legal defense against a criminal charge.
  • Take some of the burden of dealing with legal problems.
  • Provide advice when difficult decisions arise.

Even seemingly minor criminal charges can have long-term consequences for a person, making his or her criminal defense case all the more important.

If you’re facing criminal charges and are thinking about representing yourself in court, you may want to at least speak with an attorney first to learn more about your options. For a confidential consultation, contact me today. Once I have learned about your case I can explain the options available.

Having a knowledgeable, competent lawyer on your side during your criminal trial can make all the difference in your case. Our New Jersey criminal defense attorneys understand the ins and outs of the criminal system and will work aggressively to pursue a favorable resolution for your case.

What to Look for in a Criminal Defense Attorney

When a person is facing prosecution for criminal charges, they may want to find a legal defender who can provide a strong defense for their rights. The criminal defense process can be particularly complex at times, making it all the more important for a legal defender to have a strong understanding of the law and how to use it to defend a client. With this in mind, it’s important for a person facing criminal accusations to find a worthwhile attorney.

There are thousands of criminal defense attorneys in the state of New Jersey, making the choice of picking a single representative more difficult. However, there are some important indicators that a person may want to look for when searching for legal help. These things include:

These important pieces of information can help a person get a clearer picture of who an attorney is and how capable they are of successfully working with clients.

Who is the Best New Jersey Criminal Defense Lawyer for Your Case?

When searching for the best New Jersey criminal defense lawyer for a case, people often turn to the Internet to look for search rankings or some other type of objective criteria, such as a list. As with all professions, there is not a single objective measure of what constitutes the “best.” There are, however, certain criteria that may be important for you or your case, such as the following:

Certification by the Supreme Court of New Jersey as a Criminal Trial Attorney

In New Jersey, experienced criminal trial lawyers can apply to be certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. To learn more about New Jersey criminal trial attorney certification, please read the articles on this site. Certification requires meeting a number of standards, including recognition by other attorneys. I am one of a limited number of attorneys in New Jersey who have been certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.

Litigation and Trial Experience

Another aspect to consider in choosing a criminal defense lawyer is the amount of experience that the lawyer has. I have been an attorney focused on criminal law matters for more than 15 years, and have worked on more than 2000 cases, starting as a former Assistant Prosecutor in Monmouth County. Having formerly served as a prosecutor, I know what it’s like to practice criminal law as both a prosecutor and defense attorney.

Trust and Dedication

Criminal matters are serious. If you’ve been charged with a crime, you need an attorney not only whom you can trust, but one who will work tirelessly in seeking to achieve for you the best outcome possible given the facts and circumstances of your case.

I and my firm have the experience, dedication, and trust that are often highly sought after in searches for a criminal defense attorney. We provide all of our clients with tenacious representation and full attention to their matter.

If you need a criminal defense lawyer, we would look forward to meeting with you and learning about the events pertaining to your charge, whereupon we can explain how we can help if we are retained. Please call our firm to schedule an appointment at your convenience.

Never Try to Represent Yourself Against a Serious Criminal Charge in Criminal Defense Case

In the legal world, there is a saying that “A lawyer who represents himself has a fool for a client.” This adage recognizes that even lawyers should retain legal counsel in serious legal matters rather than representing themselves.

If a lawyer, who has the legal education and perhaps many years of legal practice, should retain another lawyer instead of representing himself or herself, so too should non-lawyers retain a lawyer for a legal matter.

In criminal matters, the law is complicated and prosecutors work hard in seeking to convict. They want their conviction rate to be high so that their record looks good. Their job is not to care about how a legal conviction may affect the life or family of a person charged with a crime.

An experienced criminal defense attorney often will have years of practical experience and be in a much better position to advocate strongly and develop solid legal strategy than a person who has no training in the law.

Experienced criminal lawyers know how to spot evidence that may be inadmissible, and how to move to seek that such evidence is never introduced at trial. In the case where the prosecution’s main evidence is likely to be inadmissible, a criminal attorney may remind the prosecutor of the prosecutor’s legal duty to dismiss a case if there is not credible and admissible evidence upon which a conviction may be obtained. Experienced criminal lawyers thus not only focus on winning a case at trial, but also on strategies to have cases dismissed or charges reduced wherever possible prior to trial.

When charged with a crime, you should never try to go it alone.

The stakes are usually too high. If you’ve been charged with a crime, please call our office to schedule an appointment to learn how we may be able to help.

This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey Criminal Defense Lawyer.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

Penalties for DWI in New Jersey Underscore Need for Solid Defense

Many New Jersey motorists are stopped for drinking and driving after having only two beers or glasses of wine at dinner. It is important to remember, as a fact sheet from the State of New Jersey makes clear, even just a few drinks can put you over the legal limit.

If you have been charged with DWI, you could be facing serious penalties if you are convicted. At The Law Office of Jason A. Volet, we know that a DWI charge can change the course of your future in the event of a conviction, and we can help to minimize the impact of a drunk driving charge.

Learning More About the Consequences of a DWI

According to the State of New Jersey fact sheet, a driver may be considered guilty of driving under the influence of alcohol if she or he has a blood alcohol concentration (BAC) of 0.08 percent or more. This number refers to the percentage of alcohol in your blood rather than the number or type of drinks that you consume. If you are a smaller person, your BAC may reach 0.08 percent more quickly (and with less alcohol consumption) than a larger person.

What are the drunk driving penalties in New Jersey? The website for the State of New Jersey Motor Vehicle Commission emphasizes that the consequences of a DWI are very serious, and they can include the following:

  • Monetary fines and fees
  • Suspension of your driver’s license
  • Required use of an ignition interlock device
  • Community service
  • Jail time

Drunk Driving Penalties for First and Subsequent Offenses

More specifically, the fact sheet explains that, under New Jersey’s current law (Chapter 314 of P.L. 2003), drunk driving penalties may vary depending on whether it is your first offense or a subsequent offense. For a first offense, drivers in New Jersey with a BAC of 0.08 percent or higher but under 0.10 percent can be subject to the following:

  • Fine of $250 to $400
  • Imprisonment for up to 30 days
  • Suspension of your driver’s license for three months
  • Required time in an Intoxicated Driver Resource Center
  • Auto insurance surcharges

These penalties increase for first offenses in which the driver has a BAC of 0.10 percent or greater:

  • Fine of $300 to $500
  • Loss of license for seven months to one year

For a second offense, drunk driving penalties can include:

  • Fine of $500 to $1,000
  • Imprisonment for up to 90 days (and imprisonment of at least 48 consecutive hours)
  • Suspension of your driver’s license for two years
  • Required time in an Intoxicated Driver Resource Center
  • Auto insurance surcharges
  • Installation of an ignition interlock device for anywhere from one to three years after your driver’s license is restored

Drunk driving penalties for third offenses can include:

  • Fine of $1,000 and other fees
  • Imprisonment for 180 days
  • Suspension of your driver’s license for 10 years
  • Required in-patient alcohol treatment
  • Auto insurance surcharges
  • Installation of an ignition interlock device for anywhere from one to three years after your driver’s license is restored

In short, if you are convicted of drinking and driving, you can face severe monetary penalties in addition to penalties that take away certain liberties and privileges. An aggressive DWI defense lawyer can help to ensure that you persent a solid defense to these charges.

Contact a DWI Defense Lawyer in New Jersey

An experienced New Jersey DWI defense lawyer can discuss your options with you if you have been charged with drunk driving. It is important to have a dedicated advocate on your side who can prepare defense to your DWI charge and can help to minimize the impact of the offense. Contact the Law Office of Jason A. Volet today to learn more about our services.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

New Jersey DWI Attorney Discusses Consequences of a DWI

Many people that come into my office as a New Jersey DWI Attorney have made that mistake of having too much to drink and being pulled over by the police and being stopped for a DWI. In New Jersey, we have three levels of DWI; there’s a first DWI, there’s a second DWI, and there’s a third or greater DWI. If you were stopped for any one, first, second, or third DWI, you could be facing a mandatory loss of licenses, mandatory fines, or you could also find yourself facing up to 180 days in the county jail. It is important to find an experienced New Jersey DWI Attorney to explore whatever defenses you may have.

If you have been pulled over and charged with DWI, contact our experienced New Jersey DWI Attorney.

This informational blog post was provided by Jason A. Volet, an experienced New Jersey DWI Attorney.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

New Jersey DWI Attorney Discusses What to Do upon Blowing Over a .08

I hear very often from my clients or potential clients as a New Jersey DWI Attorney that, ‘I have been charged with a DWI, I blew over the .08,’ whatever that number may be, ‘aren’t I guilty? What is it that you can help me with?’ The reality is that there are a number of things that must be looked at simply before giving up and saying, “Yes, I am guilty of that charge.” The first avenue that’s very important is that the police officer had to have stopped you in your motor vehicle for a legitimate motor vehicle violation. That is the first way to look at or to combat a case.

The second way is that once you’ve been pulled over and they suspect that you’ve been driving while intoxicated, you’ll be pulled out of the car, they’ll make you do psycho-physicals. I advise clients as a New Jersey DWI Attorney that we have to make sure and pay attention to the fact of whether or not the officer followed the guidelines on how to give you instructions as to perform those psycho-physicals, and we also have to look as to how you actually performed on those psycho-physicals.

The next way is once you’re down at the station and you’re given that alcohol test, simply because that alcohol test has given that reading doesn’t mean that it’s accurate. There are ways of making determinations as to whether or not your readings are actually legitimate readings. So again, it is important that if you’re charged with driving while intoxicated that you contact a New Jersey DWI Attorney who has the experience and know-how to use these defenses to your advantage.

This informational blog post was provided by Jason A. Volet, an experienced New Jersey DWI Attorney.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

New Jersey DWI Attorney Discusses Receiving an Alcohol Test at Police Headquarters if Suspected of a DWI

If you’ve been pulled over in Freehold, New Jersey by a police officer while driving a car and he suspects that you’ve been driving while intoxicated, the first thing that that officer will do is ask you to step out of that car. I advise clients as a New Jersey DWI Attorney that just because he suspects that you were under the influence, that is not enough for him to take you down to the station in order to give you the alcohol test. In order for the officer to bring you down to the police station, he must have probable cause or a reasonable belief that you are under the influence of either alcohol or a drug. How does that officer show that probable cause? That’s shown through the psycho-physical tests.

The first psycho-physical test that they will have you test is the HGN test, where they essentially ask you to keep your head in a fixed position and to follow an object with only your eyes. I will advise clients as a New Jersey DWI Attorney that the second test that they will be looking for you to do is the heel-to-toe walk, and the third test that they will be looking for you to do is the one-legged foot raise and if on any of those tests are not done properly by you, they will then have the probable cause necessary to then take you down to the station to administer the alcohol test.

If you have been pulled over for suspected drunk driving and are arrested, contact our experienced New Jersey DWI Attorney.

This informational blog post was provided by Jason A. Volet, an experienced New Jersey DWI Attorney.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

Driving Privileges Upon a DWI License Suspension

If you’re suspended for a DWI in New Jersey, you should under no circumstances be driving an automobile. In New Jersey, there are no hardship licenses after you have been convicted for a DWI, there are no school licenses, there are no ‘I have to go to work’ licenses, it is simply do not drive. If you do drive, the penalties for driving while suspended for a DUI are enhanced and can result in jail time and further suspension.

This informational blog post was provided by Jason A. Volet, an experienced New Jersey DWI Attorney.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

Consequences for a Third DWI Offense in New Jersey

If this is your third or more DWI, the penalties that you face in New Jersey are as significant as they possibly could be for a motor vehicle ticket. You are facing a mandatory ten years loss of license, you are facing mandatory high fines, and you are also facing a mandatory 180 days in the county jail, and again, that would be whatever county in New Jersey you were stopped in, so if it’s Monmouth County, you would serve that in Monmouth County, if it was in Mercer, you would serve it in Mercer and so on. The only thing that you are allowed on those 180 days is that you have the ability to serve 90 of those days at an in-patient rehabilitation center that is authorized by the Intoxicated Driver’s Resource Center. However, once those 90 days are up, you do have to serve those 90 days in the county jail. There is no early release, there is no parole, there are no nights, there are no weekends; it is 90 days straight time. So it is extremely important that if you are charged with a third or more DUI – again, whether it be for alcohol or for drugs – is that you find an attorney who is experienced in handling these types of matters.

This informational blog post was provided by Jason A. Volet, an experienced New Jersey DWI Attorney.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

Consequences of a Second DWI Offense in NJ

If you’ve been charged in New Jersey for a DWI and you have been previously convicted in New Jersey or another state of a DWI, you would be facing in New Jersey, obviously, a second offense. If you are facing a second offense, the ramifications for you are significant. You are looking at a mandatory two year loss of license. You are looking at a mandatory thirty days of community service. You are looking at high monetary fines. You are also looking at between two and 90 days in the county jail; however, you can serve those two days at the Intoxicated Driver’s Resource Center. Again, it is important if you are charged with a second DWI that you contact an attorney who has experience handling these types of matters.

This informational blog post was provided by Jason A. Volet, an experienced New Jersey DWI Lawyer.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

My Second DUI in 5 years

Question:

So this past weekend I blew a .157 and the second time I blew a .162, 3 minutes apart. I know my chances of getting this dismissed are slim to none. The report form says Alcotest 71110 MKIII-C NJSP Somerville. It was a state trooper that pulled me over. Unfortunately I really need my car for work, so is there any chance of being allowed to drive to and from work with a DUI?

Answer:

Unfortunately in NJ if you are convicted for a DWI, there are no work licenses. If you are caught driving, the penalties are very severe and car result in jail time and further loss of license. It is important you hire an attorney who is experienced in handling these types of cases.

This legal question was provided by a Avvo and answered by Jason Volet an experienced New Jersey DWI Defense Lawyer. This does not consent an attorney client relationship.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.

Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.

Associations & Awards

  • New York State Bar Association NYSBA logo
  • American Bar Association ABA logo defending liberty persuing justice
  • Criminal Lawyer New Jersey State Bar Association Logo
  • New Jersey Supreme Court Certified Criminal Defense Attorney logo
  • Avvo Rating Superb Top Attorney Criminal Defense NJ
Law Office of Jason A. Volet Criminal Defense Lawyer Logo
Get in Touch Today (732) 863-5050

two Locations to Meet You

Freehold Office
Neptune Office