criminal defense Archives

What makes a threat of violence an assault?

When a New Jersey child gets mad at their sibling, they may shout "I'm going to kill you!" at each other. Only in the rare and very serious case may a child actually mean what they have said; despite its serious connotation, this phrase is often employed by individuals when they are stressed or irritated with other people. In fact, adults also say many things that may be perceived as threats of violence or aggression when in fact they are just common phrases and sayings used in difficult or unpleasant contexts.

The mental component of criminal charges

Many alleged criminal acts are identifiable by the actions that the alleged perpetrators undertake. For example, if a New Jersey resident is alleged to have committed battery then their case may move forward on evidence that they hit their alleged victim. However, action is not the only element that prosecutors must prove to convict individuals of criminal charges. There is a mental component to many criminal charges that must also be proven at trial.

A review of possible plea bargaining strategies

A person facing criminal charges may be able to use a plea bargain to reduce their charges, decrease their sanctions, or otherwise mitigate the negative impact that the alleged criminal conduct will have on their future. However, plea bargaining may not always be a good criminal defense strategy. To better understand if plea bargaining has a place in one's criminal defense plan, readers should consult with their attorneys.

Protecting individuals' rights in the criminal justice system

New Jersey residents may end up in court for a variety of reasons. If they are sued for causing an injury to another person or choose to sue someone for a breached contract, their legal dispute will be heard in a civil court. If, however, they are alleged to have broken a criminal law, their matter will be handled by a prosecutor in the criminal justice system.

Not all police searches are legal

An allegation without evidence is baseless, and for that reason when New Jersey prosecutors plan to charge individuals with alleged criminal activity, they need to know that their actions will be supported with data, facts, and other corroborating information. Much of this information is collected through police searches and the seizure of property. When law enforcement officials wish to search and seize the property of a private citizen they must have a reason to do so or a warrant that justifies their actions.

Fraud forms the basis of many white collar crimes

White collar crimes are a particular subset of criminal conduct. They generally do not involve the infliction of physical harm on victims, but often involve conduct that deprives others of their money. Many of the crimes that constitute white collar criminal conduct share as a basis one prohibited act: fraud.

When can a person claim self-defense?

Getting into a physical altercation with another individual can be an overwhelming and difficult event. When a New Jersey resident finds themselves on the receiving end of an assault or attack, they may try to do whatever they can to stop and subdue their assailant. In some situations, their attackers may turn around and claim that the victims were actually the parties who caused physical harm with their actions.

What is the expungement of a criminal record?

New Jersey residents who have criminal records may have trouble doing some of the common things that others are easily able to do. For example, when it comes to applying for jobs, individuals with criminal records may run into hurdles when they must disclose their past arrests and convictions. Individuals who have been arrested and charged with certain crimes can run into difficulties when they apply for loans, try to secure rental homes and undertake other necessary life experiences.

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