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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.

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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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