Essex County Criminal Defense Lawyers

Essex County Criminal Defense Attorneys Newark NJ Courthouse

The criminal defense lawyers at the Law Offices of Jonathan F. Marshall in Essex County, New Jersey, have an excellent track record of helping people who have been accused of criminal offenses, including misdemeanors and felonies. We are among the most highly credentialed criminal defense firms in the state, let alone Essex County, boasting credentials including:

  • Over 200 years of combined criminal defense experience
  • Former Essex County prosecutors and municipal prosecutors in major Essex County towns on staff
  • Certified criminal trial attorneys
  • 11 attorneys practicing exclusively criminal defense and DWI
  • Two Essex County office locations, located conveniently in Newark and Bloomfield

Our attorneys have experience working in the prosecutor’s office; they understand from personal experience how cases in criminal court work.  We can build a solid defense for your charges and find the best way to establish reasonable doubt in the minds of jurors, if your case goes to trial. There are many other ways that a case can resolve in a defendant’s favor that do not involve going to trial; these include plea bargains, pretrial diversion programs, and getting the charges dropped.

What Happens When You are Arrested or Charged With a Crime?

The United States Constitution and the federal and state laws based on it grant certain rights to defendants in criminal cases. These are just some of the rights that you have when you are accused of committing a crime:

  • The right to be presumed innocent until proven guilty beyond to a reasonable doubt
  • The right to a fair trial before an unbiased jury
  • The right to representation by a lawyer
  • ·The right not to speak to police or investigators except when your lawyer is present
  • The right to due process, which is a series of steps meant to ensure that the prosecutors and courts treat you fairly
  • If you plead guilty or are convicted at trial, you have the right to a sentence that is not cruel or excessive

Whether police and prosecutors always respect these rights is a different story. It is not hard to think of times when police have abused their power in conducting searches or making arrests, when the prosecution has presented inadmissible evidence against a defendant, or when prosecutors have pressured or intimidated defendants into pleading guilty to crimes they did not commit. Your best defense against any of these nightmarish scenarios is to exercise your right to remain silent if you get arrested, and then to contact a criminal defense lawyer at the earliest opportunity. An experienced Essex County criminal defense lawyer will ensure your rights are protected.

Drug Crimes in Newark and Around Essex County

New Jersey has strict laws against the illegal purchase, transport, manufacture, and sale of controlled and dangerous substances (CDS). These are the same substances listed on the five schedules of the federal Controlled Substances Act. These substances include cocaine, methamphetamine, heroin, MDMA, and many different prescription drugs that have a high potential for dependency and abuse.

The good news is that drug laws in New Jersey are evolving. Society no longer sees drug use as the inexcusable crime it once was, and the laws are changing to reflect this. As of 2021, it is legal for anyone who is at least 21 years old to possess and purchase cannabis in New Jersey.  For drugs that are still illegal, alternatives to the old, strictly punitive laws have emerged. For example, New Jersey offers conditional release and pretrial intervention programs which enable you to avoid getting a criminal record for your drug possession case if you successfully complete these programs.

Motor Vehicle Crimes

Even the most law-abiding people have made driving mistakes that resulted in them getting a ticket; perhaps they were late returning to a metered parking space or renewing their vehicle registration, or maybe they did not notice a sign saying that right turns on red are not allowed at a particular intersection. The law deals with most traffic offenses outside the criminal court, and the worst that can happen is that you will have to pay a fine.

For traffic offenses serious enough that you endanger other people or actually injure them, though, you can face criminal charges. The following are some traffic offenses for which it is possible to get a jail sentence in New Jersey:

Sex Offenses and Internet Sex Crimes

People who are convicted of sex-related crimes are often required to register on the sex offender registry. The penalties are the harshest for rape and sexual assault, in which there is both penetration and coercion, or in which the victim was unable to consent, either because of their age or disability or because they were under the influence of a substance that interfered with their ability to consent.

It is possible to get convicted of sex crimes even in instances in which the defendant never made physical contact with the victim, especially if the victim is a minor. For example, sending sexually explicit messages to a minor is a crime; if an adult exchanges text messages with a teenager in which they discuss meeting in person for a sexual encounter, the adult can face criminal charges. Likewise, possession of images or videos that depict the sexual abuse of children is illegal.

Domestic Violence in Essex County, New Jersey

In general, crimes that involve physical violence carry more severe punishments than nonviolent offenses, but there is another layer of seriousness when the victim is a member of the defendant’s own family or household; home is where everyone should be able to feel safe. An act of violence can be considered domestic violence if the victim is a member of the defendant’s household, including a spouse, parent, child, stepchild, sibling, or stepsibling. It is also domestic violence if the defendant and the victim are in a dating relationship, even if they do not live in the same household. New Jersey’s Prevention of Domestic Violence Act aims to stop violence in the home before it starts; the law makes it easy for people who have reasonable fear that a family member will physically harm them to get a restraining order.

If you are convicted of domestic violence, the criminal penalties might not be the only consequence you face. Your domestic violence case could also affect your parenting plan if you have minor children, even if the victim of the domestic violence was your ex-spouse and not your children. The court might require you to have supervised visits where another adult, such as one of your parents, must always be present.

Assault and Aggravated Assault

Assault is a violent crime. In the most general sense, it refers to actions in which you inflict physical harm or intent to inflict physical harm. New Jersey law recognizes a variety of assault crimes. These are some assault charges against which the lawyers at the Law Offices of Jonathan F. Marshall have defended clients:

  • Simple assault – physically attacking someone without using a weapon (for example, punching or slapping the victim)
  • Aggravated assault – assault with a weapon, whether or not a serious injury results from the assault
  • Assault by motor vehicle – intentionally hitting someone with your car

The consequences for assault can vary greatly depending on the circumstances. For example, if the victim is a law enforcement officer, a minor, or the current or former spouse or romantic partner of the defendant, the charges will be more serious.

Identity Theft and Financial Crimes

In a time when a large proportion of financial transactions take place electronically, almost everyone is vulnerable to financial crimes. These are sometimes called white collar crimes, but this term is somewhat misleading; most defendants who get charged with financial crimes are not wealthy business executives embezzling millions of dollars from their employers. Much more often, they are simply people who used someone else’s credit card without that person’s consent.

Identity theft is one of the most complex financial crimes. It involves the defendant getting possession of the victim’s confidential identifying information, such as their social security number or bank account number. In some instances, the victim knowingly gives their information to the defendant, whether through a scam or because the defendant’s position of employment enables them to access customers’ financial information. Depending on the specifics of how the defendant misused the victim’s information, the defendant might also get charged with fraud.

Weapons Charges

Is it legal to own firearms in New Jersey? Usually, but there are some exceptions. There are some situations in which you can get charged for illegal possession of a firearm if the police find a gun when they search your house or car. These are some weapons crimes for which the criminal defense lawyers at the Law Offices of Jonathan F. Marshall can help put together a defense:

  • Illegal possession of a firearm
  • Using a weapon to commit a crime (for example, in an armed robbery)
  • Using a weapon in a drug crime

These are just the weapons charges that apply when the gun is present, but no one fires it.  Simply threatening someone with a gun or even possessing it under illegal circumstances is enough to get you criminal charges. If you have been charged with a weapon-related crime in Essex County, reach out to a New Jersey criminal defense lawyer for help right away.

Homicide and Manslaughter Charges

Being criminally charged in connection with a person’s death is always terrifying, but not all charges related to a preventable death are murder charges. Manslaughter charges apply when the defendant’s negligence, rather than an intentional act, caused the person’s death. One example of manslaughter is if the defendant beat up the victim in a bar fight and the victim later died from those injuries. Vehicular manslaughter, also known as vehicular homicide, is another type of manslaughter; it refers to causing a car accident in which someone dies.

In New Jersey, it is also possible to get drug-induced death charges. These charges apply when the defendant provides a controlled substance to the victim, and the victim suffers a fatal overdose. Possible defenses to drug-induced death charges include that you thought that the substance was something other than what it was and that the victim had already ingested a lethal dose of drugs before you gave them any.

Theft and Property Crimes

Theft and other property crimes are, by nature, nonviolent, but they can still carry serious penalties, including incarceration. It is against the law to take someone else’s property without their consent or to destroy property that belongs to someone else. These are some property crimes for which you might hire Essex County defense lawyers to represent you:

  • Shoplifting – stealing merchandise from a store during its business hours
  • Theft – stealing unattended property
  • Robbery – threatening or coercing someone into giving you their property
  • Burglary- illegally entering someone else’s property and stealing items
  • Arson – intentionally causing a fire on someone else’s property
  • Vandalism – intentionally destroying or damaging property that belongs to someone else

The punishment for property crimes depends on the value of the items stolen, among other factors. In addition to fines, probation, or incarceration, defendants convicted of theft or property crimes might also be required to pay restitution to the victims to compensate them for their financial losses.

How an Essex County, NJ Criminal Defense Lawyer Can Help

Every defendant has the right to have a defense lawyer represent them; the court will provide a lawyer for you if you cannot afford to hire one. It is in your interest to work with the criminal defense lawyer of your choice, and if you are facing criminal charges in Essex County, New Jersey, you would be wise to choose the experienced legal professionals at the Law Offices of Jonathan F. Marshall.

Getting charged with a crime does not automatically mean that you will be convicted. Likewise, pleading guilty does not always mean that you will go to jail or prison. New Jersey offers alternatives to the conventional operations of the criminal justice system to an increasing number of defendants. When you have skilled, experienced defense lawyers on your side, you can exercise your legal rights to the fullest. Your lawyer may be able to point out errors in the events before and after your arrest that could lead to your charges being dropped. Your defense attorney can also help you access programs such as conditional release and pretrial intervention. If you are being accused of a crime, you have everything to gain by choosing the defense attorneys at the Law Offices of Jonathan F. Marshall to represent you.

Essex County Criminal Defense Lawyers

Essex County Criminal Defense Attorneys Newark NJ Courthouse

The criminal defense lawyers at the Law Offices of Jonathan F. Marshall in Essex County, New Jersey, have an excellent track record of helping people who have been accused of criminal offenses, including misdemeanors and felonies. We are among the most highly credentialed criminal defense firms in the state, let alone Essex County, boasting credentials including:

  • Over 200 years of combined criminal defense experience
  • Former Essex County prosecutors and municipal prosecutors in major Essex County towns on staff
  • Certified criminal trial attorneys
  • 11 attorneys practicing exclusively criminal defense and DWI
  • Two Essex County office locations, located conveniently in Newark and Bloomfield

Our attorneys have experience working in the prosecutor’s office; they understand from personal experience how cases in criminal court work.  We can build a solid defense for your charges and find the best way to establish reasonable doubt in the minds of jurors, if your case goes to trial. There are many other ways that a case can resolve in a defendant’s favor that do not involve going to trial; these include plea bargains, pretrial diversion programs, and getting the charges dropped.

What Happens When You are Arrested or Charged With a Crime?

The United States Constitution and the federal and state laws based on it grant certain rights to defendants in criminal cases. These are just some of the rights that you have when you are accused of committing a crime:

  • The right to be presumed innocent until proven guilty beyond to a reasonable doubt
  • The right to a fair trial before an unbiased jury
  • The right to representation by a lawyer
  • ·The right not to speak to police or investigators except when your lawyer is present
  • The right to due process, which is a series of steps meant to ensure that the prosecutors and courts treat you fairly
  • If you plead guilty or are convicted at trial, you have the right to a sentence that is not cruel or excessive

Whether police and prosecutors always respect these rights is a different story. It is not hard to think of times when police have abused their power in conducting searches or making arrests, when the prosecution has presented inadmissible evidence against a defendant, or when prosecutors have pressured or intimidated defendants into pleading guilty to crimes they did not commit. Your best defense against any of these nightmarish scenarios is to exercise your right to remain silent if you get arrested, and then to contact a criminal defense lawyer at the earliest opportunity. An experienced Essex County criminal defense lawyer will ensure your rights are protected.

Drug Crimes in Newark and Around Essex County

New Jersey has strict laws against the illegal purchase, transport, manufacture, and sale of controlled and dangerous substances (CDS). These are the same substances listed on the five schedules of the federal Controlled Substances Act. These substances include cocaine, methamphetamine, heroin, MDMA, and many different prescription drugs that have a high potential for dependency and abuse.

The good news is that drug laws in New Jersey are evolving. Society no longer sees drug use as the inexcusable crime it once was, and the laws are changing to reflect this. As of 2021, it is legal for anyone who is at least 21 years old to possess and purchase cannabis in New Jersey.  For drugs that are still illegal, alternatives to the old, strictly punitive laws have emerged. For example, New Jersey offers conditional release and pretrial intervention programs which enable you to avoid getting a criminal record for your drug possession case if you successfully complete these programs.

Motor Vehicle Crimes

Even the most law-abiding people have made driving mistakes that resulted in them getting a ticket; perhaps they were late returning to a metered parking space or renewing their vehicle registration, or maybe they did not notice a sign saying that right turns on red are not allowed at a particular intersection. The law deals with most traffic offenses outside the criminal court, and the worst that can happen is that you will have to pay a fine.

For traffic offenses serious enough that you endanger other people or actually injure them, though, you can face criminal charges. The following are some traffic offenses for which it is possible to get a jail sentence in New Jersey:

Sex Offenses and Internet Sex Crimes

People who are convicted of sex-related crimes are often required to register on the sex offender registry. The penalties are the harshest for rape and sexual assault, in which there is both penetration and coercion, or in which the victim was unable to consent, either because of their age or disability or because they were under the influence of a substance that interfered with their ability to consent.

It is possible to get convicted of sex crimes even in instances in which the defendant never made physical contact with the victim, especially if the victim is a minor. For example, sending sexually explicit messages to a minor is a crime; if an adult exchanges text messages with a teenager in which they discuss meeting in person for a sexual encounter, the adult can face criminal charges. Likewise, possession of images or videos that depict the sexual abuse of children is illegal.

Domestic Violence in Essex County, New Jersey

In general, crimes that involve physical violence carry more severe punishments than nonviolent offenses, but there is another layer of seriousness when the victim is a member of the defendant’s own family or household; home is where everyone should be able to feel safe. An act of violence can be considered domestic violence if the victim is a member of the defendant’s household, including a spouse, parent, child, stepchild, sibling, or stepsibling. It is also domestic violence if the defendant and the victim are in a dating relationship, even if they do not live in the same household. New Jersey’s Prevention of Domestic Violence Act aims to stop violence in the home before it starts; the law makes it easy for people who have reasonable fear that a family member will physically harm them to get a restraining order.

If you are convicted of domestic violence, the criminal penalties might not be the only consequence you face. Your domestic violence case could also affect your parenting plan if you have minor children, even if the victim of the domestic violence was your ex-spouse and not your children. The court might require you to have supervised visits where another adult, such as one of your parents, must always be present.

Assault and Aggravated Assault

Assault is a violent crime. In the most general sense, it refers to actions in which you inflict physical harm or intent to inflict physical harm. New Jersey law recognizes a variety of assault crimes. These are some assault charges against which the lawyers at the Law Offices of Jonathan F. Marshall have defended clients:

  • Simple assault – physically attacking someone without using a weapon (for example, punching or slapping the victim)
  • Aggravated assault – assault with a weapon, whether or not a serious injury results from the assault
  • Assault by motor vehicle – intentionally hitting someone with your car

The consequences for assault can vary greatly depending on the circumstances. For example, if the victim is a law enforcement officer, a minor, or the current or former spouse or romantic partner of the defendant, the charges will be more serious.

Identity Theft and Financial Crimes

In a time when a large proportion of financial transactions take place electronically, almost everyone is vulnerable to financial crimes. These are sometimes called white collar crimes, but this term is somewhat misleading; most defendants who get charged with financial crimes are not wealthy business executives embezzling millions of dollars from their employers. Much more often, they are simply people who used someone else’s credit card without that person’s consent.

Identity theft is one of the most complex financial crimes. It involves the defendant getting possession of the victim’s confidential identifying information, such as their social security number or bank account number. In some instances, the victim knowingly gives their information to the defendant, whether through a scam or because the defendant’s position of employment enables them to access customers’ financial information. Depending on the specifics of how the defendant misused the victim’s information, the defendant might also get charged with fraud.

Weapons Charges

Is it legal to own firearms in New Jersey? Usually, but there are some exceptions. There are some situations in which you can get charged for illegal possession of a firearm if the police find a gun when they search your house or car. These are some weapons crimes for which the criminal defense lawyers at the Law Offices of Jonathan F. Marshall can help put together a defense:

  • Illegal possession of a firearm
  • Using a weapon to commit a crime (for example, in an armed robbery)
  • Using a weapon in a drug crime

These are just the weapons charges that apply when the gun is present, but no one fires it.  Simply threatening someone with a gun or even possessing it under illegal circumstances is enough to get you criminal charges. If you have been charged with a weapon-related crime in Essex County, reach out to a New Jersey criminal defense lawyer for help right away.

Homicide and Manslaughter Charges

Being criminally charged in connection with a person’s death is always terrifying, but not all charges related to a preventable death are murder charges. Manslaughter charges apply when the defendant’s negligence, rather than an intentional act, caused the person’s death. One example of manslaughter is if the defendant beat up the victim in a bar fight and the victim later died from those injuries. Vehicular manslaughter, also known as vehicular homicide, is another type of manslaughter; it refers to causing a car accident in which someone dies.

In New Jersey, it is also possible to get drug-induced death charges. These charges apply when the defendant provides a controlled substance to the victim, and the victim suffers a fatal overdose. Possible defenses to drug-induced death charges include that you thought that the substance was something other than what it was and that the victim had already ingested a lethal dose of drugs before you gave them any.

Theft and Property Crimes

Theft and other property crimes are, by nature, nonviolent, but they can still carry serious penalties, including incarceration. It is against the law to take someone else’s property without their consent or to destroy property that belongs to someone else. These are some property crimes for which you might hire Essex County defense lawyers to represent you:

  • Shoplifting – stealing merchandise from a store during its business hours
  • Theft – stealing unattended property
  • Robbery – threatening or coercing someone into giving you their property
  • Burglary- illegally entering someone else’s property and stealing items
  • Arson – intentionally causing a fire on someone else’s property
  • Vandalism – intentionally destroying or damaging property that belongs to someone else

The punishment for property crimes depends on the value of the items stolen, among other factors. In addition to fines, probation, or incarceration, defendants convicted of theft or property crimes might also be required to pay restitution to the victims to compensate them for their financial losses.

How an Essex County, NJ Criminal Defense Lawyer Can Help

Every defendant has the right to have a defense lawyer represent them; the court will provide a lawyer for you if you cannot afford to hire one. It is in your interest to work with the criminal defense lawyer of your choice, and if you are facing criminal charges in Essex County, New Jersey, you would be wise to choose the experienced legal professionals at the Law Offices of Jonathan F. Marshall.

Getting charged with a crime does not automatically mean that you will be convicted. Likewise, pleading guilty does not always mean that you will go to jail or prison. New Jersey offers alternatives to the conventional operations of the criminal justice system to an increasing number of defendants. When you have skilled, experienced defense lawyers on your side, you can exercise your legal rights to the fullest. Your lawyer may be able to point out errors in the events before and after your arrest that could lead to your charges being dropped. Your defense attorney can also help you access programs such as conditional release and pretrial intervention. If you are being accused of a crime, you have everything to gain by choosing the defense attorneys at the Law Offices of Jonathan F. Marshall to represent you.