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Can you get a child abuse crime expunged in New Jersey

A criminal record can be a barrier between you and the future you hoped for. In addition to the damage a conviction can have on your reputation, you may also face restrictions on where you can live and work, lose certain rights, and more.

If you were convicted of a child abuse crime, the repercussions can be significant. New Jersey has taken steps to make it easier for those with criminal records to move forward with their lives. But can you get a child abuse crime expunged in New Jersey? You might be able to, depending on the circumstances and whether you meet certain conditions. Contact an expungement attorney at The Law Office of Jason A. Volet to learn more in a free consultation.

What Is Expungement?

Expungement is the process of removing the details of a criminal conviction from the official record. It applies to all records related to the case, including the arrest, all court proceedings, the conviction, and the case’s outcome, such as the sentence.

Whether you can have your case expunged depends on factors such as:

  • The crime you were convicted of
  • Your record in the years following the report
  • Whether you’re up to date on paying court fees
  • Whether you’ve completed the required waiting period after serving your sentence

Does It Cost to File for Expungement?

Applying for an expungement is free through the eCourts Expungement System. You’ll use your case number to get started and can complete the application process online.

Is There a Waiting Period to Have the Child Abuse Offense Expunged?

There is typically a five-year waiting period before you can get a child abuse crime expunged from your criminal record in New Jersey. Once the five years have passed, you can apply for expungement – provided you’ve paid all court fees and fines related to your case and haven’t committed any crimes in the meantime.

It’s also possible to expunge an arrest that didn’t result in a conviction. The court may do this immediately. If you weren’t convicted on child abuse charges, discuss your expungement options with your attorney.

What Is the Division of Child Protection and Permanency?

The New Jersey Division of Child Protection and Permanency (CP&P) oversees matters related to child protection and welfare. The agency investigates child abuse and neglect allegations and takes appropriate actions based on its findings to ensure children are safe.

CP&P is responsible for maintaining a registry of individuals who have abused children. This registry lists individuals reported to and investigated by CP&P. The agency is required to investigate all reports of child abuse in the state of New Jersey. The next steps in a child abuse case depend on the findings and classification of the report.

How Are the Division’s Reports Classified?

CP&P uses a four-tier classification system when evaluating child abuse reports to determine whether the evidence more likely than not establishes abuse. In issuing its findings, the agency considers absolutely substantiating circumstances as well as aggravating and mitigating factors. Using this evidence, they classify each case as one of the following:

  • Substantiated — Absolute circumstances demonstrate that the child has been abused or neglected.
  • Established — There is evidence of abuse or neglect, but no absolute circumstances are present.
  • Not Established — There is evidence of harm or risk of harm, but no absolute circumstances are present.
  • Unfounded — There is no evidence that the child has been abused or neglected.

Countless factors will enter into CP&P’s decision-making. The four-tier system is designed to more accurately reflect the nuances of different cases than the previous system, which only used “substantiated” and “unfounded” classifications. While the newer system is an improvement in many ways, creating new classifications also introduces room for errors of judgment that can result in cases being unfairly classified.

How you and your attorney pursue expungement or appeal depends on how CP&P classifies the report of child abuse in your case.

Expunge of criminal record.

Which of These Reports Can Be Expunged?

Most CP&P reports classified as “unfounded” will be automatically expunged from CP&P records after three years. An exception is if CP&P opens another case under your name. In that case, your report cannot be expunged. Records related to reports that received other classifications cannot be expunged from CP&P records.

Will Any of These Classifications Get Me on the Child Abuse Registry?

A “substantiated” classification will result in your name being added to the child abuse registry. While the consequences of other classifications vary and may still lead to complications for you, they will not result in your name being added to the registry.

Can I Appeal Any of These Decisions?

CP&P is not responsible for charging individuals with child abuse crimes. Instead, they send their reports to the county prosecutor, who must decide whether or not to file charges.

In all cases, you have a right to appeal a CP&P decision. For “substantiated” and “established” classifications, you have 20 days to file an appeal with the Office of Administrative Law. In the appeal, you’ll explain why you believe your name shouldn’t be added to the records. CP&P will review your case and may change the classification of your report.

For a “not established” classification, you may file an appeal with the Appellate Division of the Superior Court of New Jersey. Options for appealing an “unfounded” finding vary.

As soon as you receive notice of classification from CP&P, you should contact an attorney to review your options for potentially appealing the classification and preventing the report from going on your permanent record.

Contact a New Jersey Expungement Counselor

Having a child abuse crime on your record can have a number of negative effects on your life that don’t go away once you’ve completed your sentence. An experienced expungement lawyer can determine whether your child abuse crime can be expunged in New Jersey. If so, we can work to expunge it for you and make it easier for you to move forward with your life.

Contact The Law Office of Jason A. Volet today to learn more about the expungement process and how to appeal a CP&P decision in a free consultation.

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What’s the difference between expunged vs. sealed records in New Jersey

New Jersey has two ways of limiting who has access to criminal records: expungement and sealing. Expungement completely removes a conviction or arrest from an individual’s record. However, sealing a record simply makes it invisible to the general public while still allowing some organizations access. 

A criminal record can significantly reduce your chances of accessing housing, higher education, and some employment opportunities. If you would like to limit access to your criminal record, understanding the difference between expunged and sealed records can help you know your options.

What Is Expungement?

When you have a criminal record expunged in New Jersey, the record becomes essentially invisible within the public record. After an expungement, you have no legal obligation to disclose any past arrests or convictions during almost any application process.

What Is a Sealed Record?

While an expungement essentially erases your criminal record completely, having a record sealed does not. Instead, sealing a record makes accessing it much more challenging for the general public. That makes applying for most jobs and rental properties much more straightforward, as a sealed record will not appear for anyone performing a background check.

What Are the Benefits of Having a Record Expunged or Sealed?

When you have a criminal record sealed or expunged, you can feel relieved of the burdens of your past. A record sealing or expungement can allow you access to opportunities that are unavailable to many people with visible criminal records, such as:

  • Employment opportunities – One of the biggest obstacles for people with criminal records is finding stable employment. Many employers are hesitant to hire someone with a conviction history. Having a record expunged opens up more job prospects across a broader range of fields.
  • Housing – Landlords frequently deny housing applications from people with criminal records. Expungement or sealing can make qualifying for an apartment rental or mortgage much more straightforward.
  • Education – Admission to colleges, graduate programs, professional schools, or certification programs often requires a background check. An expunged or sealed record improves your chances of furthering your education.
  • Financial options – A past conviction can negatively affect your ability to get loans or other financial services. Expungement can help increase your access to credit cards, loans, and other financing you may need.
  • Travel and immigration – Some countries bar or limit entrance for people with criminal records. Record sealing and expungement can remove this obstacle for international travel or immigration.
  • Gun ownership – Gun laws often prohibit purchasing or possessing firearms for those with a criminal history. You may be able to get necessary permits with an expunged or sealed record.
  • Peace of mind – Perhaps most importantly, expungement or sealing provides tremendous emotional relief and peace of mind. You can move forward in life unburdened by past mistakes.

Who Can See an Expunged or Sealed Record?

The ability to view an expunged record is only possible in extremely limited cases. In addition to mandatory disclosure, if you apply for a government or legal system job, your expunged criminal record may also be available to law enforcement officers and prosecutors if you face charges for future crimes.

Sealed records are visible to a slightly larger group, including parties who request them by court orders, law enforcement officers, and government agencies. Employers in fields such as education, childcare, and finance may also have a right to view these records.

Can Expunged Records Be Found in Background Checks?

One of the main benefits of expunging a criminal record in New Jersey is that it will not appear on most background checks performed by potential employers or landlords. Once a record is expunged, it is removed from the public record. Most background check services will not find any trace of it.

However, there are some exceptions. Government agencies, law enforcement, and corrections departments may still have access to expunged records in certain circumstances. An extremely thorough background check by a government employer could uncover an expunged record. However, these types of checks are rare for most private employers. For nearly any job, an expunged record will not appear on a typical background check.

Criminal record file and handcuff in the table

What Is Required to Have My Record Expunged?

You must meet certain criteria to have your criminal record expunged. In most cases, this includes a five-year wait after a conviction, payment of a court-ordered fine, completion of probation or parole, or release from prison or jail. However, convictions for some offenses are ineligible for expungement. These crimes include:

Will I Need to Disclose an Expungement on a Job Application?

A significant advantage of having your record expunged in New Jersey is that you are not obligated to disclose the expunged offense, arrest, or conviction on a job or housing application. However, exceptions may include applications for a position with the government, judicial system, law enforcement, or corrections.

For most other types of employment and applications, you can honestly answer “no” if asked about prior arrests, convictions, or offenses. Your expunged record is invisible to the general public. You can apply for jobs, apartments, and schools without worrying about the impact of any previous encounters with the law. You can even request gun permits without being hindered by the burden of your past mistakes.

Contact a New Jersey Expungement Practitioner

If you are tired of the mistakes of your past defining your future, a New Jersey expungement lawyer can help you understand what steps you can take to remove prior arrests and convictions from your criminal record. The New Jersey expungement attorneys at the Law Office of Jason A. Volet understand how important it is for those with criminal backgrounds to have a second chance at life. Mr. Volet has years of experience working as both a prosecutor and a defense attorney, so he thoroughly understands both sides of the law. Our legal team uses this knowledge to fight for the rights and liberties of the valued members of our community.

Contact a member of our team today for a free consultation to learn more about how we can help you look toward a brighter future.

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What Charges Can Be Expunged in New Jersey?

You can usually expunge one indictable crime and three disorderly persons charges from your record after waiting four to five years in New Jersey, though exceptions apply. Records of recovery court matters, some marijuana charges, and arrests that don’t result in a conviction can also be expunged.  

Expungement is a great way to get a fresh start and open new doors for your future, but not all charges are eligible for expungement in New Jersey. Furthermore, the process of seeking and obtaining an expungement is complex and time-consuming, and even minor errors can cause huge setbacks.

At the Law Office of Jason A. Volet, we’re here to help you understand the expungement process in New Jersey and support you as you move forward from the past. Our team believes in second chances. We will work hard to secure your expungement so you’re free to apply for loans, interview for new jobs, and take back your life without constantly looking over your shoulder.

Contact us for a free initial case review to learn more.

What Is Expungement?

Expungement is the removing, sealing, impounding, or isolating of certain records on file within a court system, detention center, correctional facility, law enforcement office, or criminal justice agency. Records of arrests, court proceedings related to your case, criminal or juvenile convictions, and the outcomes of criminal cases, including sentencing records, are eligible for expungement.

An expungement effectively removes all or some of your criminal history from public records. Our experienced New Jersey expungement lawyer can guide you through every stage of the expungement process. From reviewing your eligibility for expungement to preparing your petition and appearing on your behalf in court, we can handle every aspect of your expungement case so you can focus on your future.

What Sort of Charges Cannot Be Expunged?

Records of some criminal charges, including charges for conspiracy to commit certain crimes, cannot be expunged in New Jersey. These charges include:

Although New Jersey now has a “clean slate” law aimed at making the expungement process more accessible, these crimes remain ineligible for expungement due to their serious nature. Additionally, motor vehicle offenses are usually ineligible for expungement because New Jersey limits expungements to criminal records. Accordingly, DUI convictions are also ineligible for expungement.

Can a Charge for the Distribution of Drugs Be Expunged?

Whether a conviction for the distribution of drugs can be expunged from your record depends on the type of drug and amount at issue. New Jersey courts could deny your petition for expungement unless your drug distribution charge involves:

  • Marijuana, less than one ounce
  • Hashish, less than five grams
  • Any controlled dangerous substance (CDS) conviction of the third or fourth degree

How Long Does the Expungement Process Usually Take?

Each case is unique, so the timeline for your expungement case could vary depending on the circumstances of your criminal record. However, expungement cases often average from as early as nine months up to two years. Should the prosecutor object to your expungement, the timeline for the expungement could take more time. The time period could be extended if you must appear in court with your attorney to respond to the objection and defend your expungement petition.

After your hearing, the court will consider arguments from the prosecution and your expungement attorney. If the court approves your petition, it will issue an order of expungement which effectively clears your record of the criminal charges. However, your lawyer must provide the order to any government entities possessing your record to officially erase the conviction from public records. Your criminal convictions will remain on public criminal record databases until your lawyer provides the court order.

What Is the Clean Slate Law?

The Clean Slate Law is a relatively new expungement law in New Jersey. Under this law, you could be eligible for a “clean slate” and have your entire criminal record, including arrests and convictions, expunged 10 years after you complete court supervision. Your entire record could be expunged under this law even if you were unable to expunge an offense in the past due to a prior expungement or multiple indictable offenses. However, serious charges which cannot be expunged, such as homicide and arson, are still not eligible for expungement under the clean slate law.

New Jersey Courts anticipate having an automated clean slate process in the near future. Once that system is implemented, an expungement petition will not need to be filed. Instead, the court will automatically expunge your record of eligible arrests and convictions after the 10-year period without the need for all the red tape.

Contact a New Jersey Expungement Adviser

New Jersey expungement law is complex and often confusing. When you want to remove criminal charges from your public record as soon as you are eligible, our experienced criminal expungement lawyer can help. We can review your record, assess your eligibility for expungement, and advocate for your interests in court. With an experienced attorney from the Law Office of Jason A. Volet on your side, you can rest assured that your expungement petition is in good hands.

If you want to expunge a criminal charge from your record in New Jersey, reach out to the Law Office of Jason A. Volet. Once a prosecutor but now solely handling criminal defense cases, Mr. Volet thoroughly understands New Jersey’s expungement process. When you come to us for help, you’ll have a dedicated, compassionate team fighting for you. We want to help you get the fresh start you deserve with an expungement.

Contact us anytime, 24/7, for a free consultation with our New Jersey expungement lawyer.

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How to Expedite an Expungement in New Jersey

New Jersey’s expungement procedures allow some people with criminal histories to have certain records isolated or sealed from the public record. An expungement is an important legal option to explore because a criminal background can affect future life opportunities, such as getting a job or finding suitable housing. However, the expungement process can be lengthy in New Jersey. There are waiting periods for applications and a backlog of requests. This can be frustrating for people who want to wipe the slate clean and move forward with their lives. Working with an experienced lawyer can help you understand whether it’s possible to speed up the expungement process for your case.  

As a seasoned New Jersey expungement lawyer, Jason A. Volet can explain how expungement works and help get your records sealed as efficiently as possible. Contact the Law Offices of Jason A. Volet for more information on how to expedite an expungement in New Jersey.

What Is an Expungement?

Expungement allows authorities to extract eligible records of arrests or convictions from your criminal record. For example, potential employers won’t be able to find the expunged record during a background check. If you successfully expunge your record and someone asks if you have committed a crime, you can truthfully answer “no” unless you apply for a job in law enforcement or join the military.

Expungement removes the following records from public databases:

  • Arrest records
  • Violations of municipal ordinances
  • Convictions for disorderly persons offenses
  • Convictions for indictable offenses
  • Juvenile criminal records
  • Records of drug offenses committed before age 21

Some cases qualify for expedited expungements. An expedited expungement is effective immediately if a defendant’s case gets dismissed, they are acquitted, or they are found not guilty. Expedited expungements are also possible for certain marijuana or hashish crimes.

Other crimes are not expungeable in New Jersey, such as:

You can expunge no more than one indictable conviction and up to three disorderly persons offenses or petty disorderly persons offenses. If you have questions about whether you qualify for an expungement, it’s wise to consult an attorney at the Law Offices of Jason A. Volet.

What Are the Steps to Obtaining an Expungement?

Before expunging your criminal records, you must complete your sentence, pay any fines, and complete any other terms related to a conviction. There are also waiting periods before you can apply for an expungement. The timeframe depends on the offense, but some typical waiting periods include:

  • Arrest records without a conviction – No waiting period after prosecutors drop the charges against you
  • Charges dismissed due to a pre-trial intervention program – Six months
  • Conditional release for some drug offenses – Six months
  • Drug possession – One year
  • Municipal ordinance violations – Two years
  • Juvenile offenses – Three years
  • Disorderly persons offenses – Three to five years, depending on the offense
  • Indictable offenses – Five years
  • “Clean slate” expungement – Ten years

Waiting times for certain expungements can be reduced by a year under the early pathway exemption. Discuss your case with a criminal defense attorney to determine your eligibility.

Requests for expungement can be conducted online through the New Jersey Courts website. The electronic process allows you to search for the documents you need and select the type of expungement you want. After submitting the petition for expungement, you can check your case number to track its progress. If the judge grants your petition, an order will go to the relevant agencies to seal your records. Review this guide for tips on starting the online request for an expungement.

You are not required to hire a criminal defense lawyer to file for an expungement. But it is a complicated process where a single error could set you back. Rather than risk it, talk to an attorney about how they can help with your case.

How Long Does the Expungement Process Normally Take in New Jersey?

Normally, an expungement could take up to one year from start to finish. However, the courts and New Jersey State Police have a backlog of petitions, making the final step in the process take longer. Right now, the entire process of expungement in New Jersey can take up to two years.

Expunge of criminal record.

Why Has the Expungement Process Become Backlogged?

Many of New Jersey’s courts shut down during the COVID-19 pandemic, leading to the estimated two-year backlog. This is understandably distressing for clients who want to move on with their lives.

Can the Expungement Process Be Expedited?

Naturally, you want to get your records expunged as soon as you become eligible. However, there is no official way to expedite a petition. The best way to avoid delays is to work with an expungement advocate to prevent mistakes from causing unnecessary delays to your request.

How Can an Attorney Help?

An attorney can help with an expungement petition in several ways. Some of these include:

  • Answering your questions about the expungement process
  • Helping you find the records you need for your petition
  • Filing your petition for expungement
  • Tracking the progress of your request
  • Representing you in any necessary hearings
  • Communicating with you throughout the legal process

Contact a New Jersey Expungement Legal Adviser Today

Expungement allows you to leave the past behind. At the Law Offices of Jason A. Volet, we want to assist you in getting your life back on track. Call us today or visit our contact page for a free consultation.

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What Crimes Can Be Expunged in NJ?

New Jersey law allows an individual who has been convicted of certain crimes in the state to have their criminal record expunged. Once your criminal record is expunged, anything on it is considered not to have occurred. Afterward, you may say in a job interview or similar situation that you have never been convicted of a crime.

To qualify, you must have completed all requirements of your sentence and a specified amount of time must have passed with no additional criminal charges. A New Jersey expungement lawyer can help.

Expungement in New Jersey is the removal of all records on file within any court, correctional facility, law enforcement, criminal justice, or juvenile justice agency concerning a person’s arrest, detention, or disposition of an offense within the criminal or juvenile justice system.

Many criminal convictions and juvenile adjudications of delinquency for indictable offenses, disorderly or petty disorderly persons offenses, and violations of municipal ordinances can be expunged.

Any person who qualifies may file a Petition for Expungement in the Superior Court in the county where they were arrested or prosecuted as an adult or adjudicated as a juvenile. A judge then decides whether to grant an Expungement Order.

Petitioning for expungement requires submitting records related to arrests, convictions, and sentences as well as several completed forms and other documents, along with your petition.

The New Jersey Administrative Office of the Courts (AOC) has prepared a 36-page guide to filing a Petition for Expungement. The AOC says “it is a good idea to get a lawyer” to assist with your petition for expungement. In the Monmouth County area, the experienced New Jersey expungement attorney at The Law Office of Jason A. Volet can help you pursue an expungement of your criminal records.

Crimes That Can and Cannot Be Expunged in NJ

While most people ask what crimes can be expunged in New Jersey, it is easier to say what crimes cannot be expunged. They include the most serious offenses against individuals and society:

The offenses listed above cannot be expunged.

Who Qualifies for Expungement in NJ?

Typically, an offender qualifies for expungement of eligible convictions and related arrests, incarceration if the individual has completed the sentence handed down upon conviction and has not had any additional charges, and a specified amount of time has passed. However, you may be eligible for an expungement if you still owe money for restitution or other court-ordered financial assessments. You will need to contact the appropriate Probation Division Office or municipal court to obtain the correct amount owed and state it on your Petition for Expungement.

For an indictable criminal offense conviction, you must wait 10 years from the date of conviction, satisfactory completion of probation or parole, or release from incarceration, whichever is later. During this time, you must not have been convicted of any prior or subsequent indictable crime in New Jersey or elsewhere and not have been found guilty of a disorderly or petty disorderly persons offense more than twice.

For a disorderly or petty disorderly persons offense conviction, you must wait 5 years after the date of conviction, satisfactory completion of probation or parole, or release from incarceration, whichever is later. During this time, you must not have been convicted of a prior or subsequent indictable crime in New Jersey or elsewhere and not have been found guilty of a disorderly or petty disorderly persons offense more than three times.

For a violation of a municipal ordinance conviction, you must wait 2 years after the date of conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later. During this time, you must not have been convicted of any prior or subsequent indictable crime in New Jersey or elsewhere and not have been found guilty of a disorderly or petty disorderly persons offense more than twice.

If you were arrested but found not guilty or charges were dismissed, you may petition for expungement of the arrest immediately. However, if charges were dismissed in exchange for you completing some kind of supervised treatment program, you must wait until 6 months after the order dismissing charges, which would be filed upon completion of the program.

An early pathway expungement may be available after 5 years for an indictable offense, after 3 years for a disorderly persons or petty disorderly persons offense, or after 2 years for a municipal ordinance violation. You must not have been convicted of any additional offense and the court must find that it is in the public interest for your record to be expunged. You will need an attorney to prepare a legal brief outlining why you deserve an early expungement, and you or others may be required to testify.

Contact an Experienced New Jersey Expungement Counselor Today

If you believe you are eligible to have your New Jersey criminal record expunged, schedule a free consultation with The Law Office of Jason A. Volet today. Jason Volet is an experienced NJ expungement lawyer. He and his skilled legal team have assisted many people who deserve a second chance and a clear record.

4 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?

Miranda rights are a set of warnings issued to 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 a New Jersey Criminal Defense Lawyer

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.

 

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.

What Is Time Frame to Expunge My Record in New Jersey?

Expunging your record in New Jersey, unfortunately, is a fairly lengthy process which can take upwards of six or seven months. If a determination has been made that your record can be expunged, then the necessary paperwork has to be done. So what does that include? That includes the order, it includes the verified petition signed by you, it includes copies of judgment of convictions or dispositions and ultimately we have to get a court date. Once that court date comes along and that order is signed, that paperwork is then sent back to our office and has to be re-sent out to all the agencies that now need to start conforming their records and basically putting them off to the side so that they would not show up on a background check.

How Long Does It Take To Have My Record Expunged?

It generally takes somewhere in the neighborhood of around three months to get that hearing date once the paperwork is done. It then takes another twelve weeks before we get the letter back from the state police indicating that they have now confirmed their records and they are sending the Expungement on to the FBI. That is the important letter, the letter from the state police, because that’s the letter that shows everywhere that your record has now been expunged, so the short answer, again, is probably six or seven months to get that taken care of.

Do I Have The Ability To Have My Record Expunged?

The answer to that is maybe.

You may have heard that you can have your record wiped clean. Some arrests and convictions can be expunged (wiped clean) from your record. Others cannot. In some drug cases your record may, in fact, be eligible to be expunged. Expungement means that there would not be a record of your arrest and conviction. An expungement of your record would make it easier for you to apply for many jobs, and a background check would not reveal anything about this past mistake.

What Factors Will Play Into Having My Record Expunged?

There are a number of factors that will play into whether or not you can have that record expunged such as what is your prior record? How many incidences do you have on that prior record? How long ago did those incidences happen? Has there been a sufficient amount of time that has passed since then? Do you fall under one of the public interest categories that is not basically an automatic or an expungement that really never has an issue with the prosecutor’s office? These are all factors that need to be taken into consideration when making a determination as to whether or not your record can be expunged.

Who Should I Call to Learn About Seeking Expungement in New Jersey for My Conviction?

Anyone who has a criminal record recognizes how tough it may be to find a job. All things being equal, prospective employers will hire the person without a criminal record.

In most instances, those who have had a criminal conviction expunged can truthfully answer “no” on job applications if asked about whether they have had a prior conviction. The same response also can be given in a job interview if a person is asked this question directly. The person need not explain that they had been convicted and that the conviction was expunged.

If you have been convicted of a criminal offense in New Jersey, find out if your conviction is eligible for expungement.  Contact me to learn about whether expungement is available for you, and to learn how I can help.

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

How Do Criminal Cases Typically Proceed?

The basic process of a criminal case begins with a defendant being arrested and charged with committing a crime. The government is responsible for proving that there is irrefutable reason to believe that the defendant committed the crime. The following process then takes place:

  • Bail hearing – The defendant appears at a hearing and the presiding judge will decide if the defendant will be let out on bail or kept in custody.
  • Probable cause hearing – The judge will decide if there is enough evidence to support charging the defendant with the crime.
  • Arraignment – This is where the defendant enters the plea, such as guilty, not guilty, or guilty but mentally unstable.
  • Trial – If the defendant pleads not guilty, the criminal trial is often the next step.
  • Acquittal or sentencing – The defendant is acquitted of the crime if found innocent or is sentenced to various penalties if found guilty.

If you are currently facing a criminal case, it is important to consult with a knowledgeable defense lawyer. Contact the experienced New Jersey criminal defense attorneys at the Law Office of Jason A. Volet at 732-503-8968.

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

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