The Law Offices of Joel Silberman, LLC

Cocaine and Other Drug Offenses

Drug offenses can ruin your life and devastate your family
As the press release by U.S. Attorneys Northern District of New York reports on Apr 26, 2023, following the jury’s verdict, Sinde and Civitello Sr. were remanded to custody. Civitello Jr. has been in custody since October 21, 2021, on another charge unrelated to this case.

United States District Judge Mae A. D’Agostino will sentence the Civitellos on September 6, and will sentence Sinde on September 8. Each man faces at least 10 years and up to life in prison, as well as at least 5 years of post-imprisonment supervised release.

Every guilty person must be punished, and every innocent person must not be condemned.
In 1895, the U.S. Supreme Court stated, “it is better to let the crime of a guilty person go unpunished than to condemn the innocent.” While the criminal justice system must ensure that the guilty are punished so that we live in a peaceful, crime-free society, it must also ensure that no innocent is punished for a crime he or she never committed.

If you have been charged with a false drug offense, you have a right to prove your innocence before a court of law. You need a competent lawyer to help you through the process of our criminal justice system to prove your innocence.

You need an experienced lawyer to deal with your drug offense case.
For years, attorney Joel Silberman served as an assistant prosecutor with the Hudson County prosecutor’s office. During this time, Attorney Joel litigated hundreds of cases and appeared before the Superior Court of New Jersey, Appellate Division, on multiple occasions.

If you have been charged with cocaine and other drug related offenses, the Law Offices of Joel Silberman, LLC, can help you prove your innocence. You need to act fast. Call us at 201-420-1913 or email us at [email protected]. Visit our website https://www.joelsilbermanlaw.com/.

Wrongfully convicted? It is never too late to prove your innocence.


Convicted of a crime that you never committed?
If you are a victim of wrongful conviction, it is never too late to prove your innocence and seek justice for the injustice done to you. Like Floyd Bledsoe, you have the right to hold your head high and tell the world that you were wronged. You have a right to a new beginning in your life. To start with, contact a criminal defense attorney to discuss your case.

Discuss your case with attorney Joel Silberman
For years, attorney Joel Silberman served as an assistant prosecutor with the Hudson County prosecutor’s office. During this time, Attorney Joel litigated hundreds of cases and appeared before the Superior Court of New Jersey, Appellate Division, on multiple occasions.

You need to act fast. Call us at 201-420-1913 or email us at [email protected].

Understanding DWI/DUI Refusal Laws in New Jersey
Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious offense in every state, and New Jersey is no exception. In addition to the standard penalties for DWI/DUI, New Jersey has strict laws regarding breathalyzer test refusal. This article will provide an overview of DWI/DUI refusal laws in New Jersey, the consequences of refusal, and what individuals should know to protect their rights.

DWI/DUI Refusal in New Jersey
In New Jersey, DWI/DUI refusal pertains to a driver’s refusal to submit to a breathalyzer or other chemical tests, such as a blood test, when suspected of driving under the influence of alcohol or drugs. The state’s implied consent law means that, by obtaining a driver’s license in New Jersey, you have already consented to these tests if law enforcement has probable cause to believe you are driving under the influence.

Consequences of Refusal
Refusing to take a breathalyzer or chemical test has serious consequences in New Jersey:

License Suspension:
Refusal to submit to a breathalyzer test results in an automatic driver’s license suspension. For a first offense, the suspension typically ranges from seven months to one year. For subsequent offenses, the suspension period increases.

Ignition Interlock Device (IID):
In some cases, the court may require the installation of an ignition interlock device in your vehicle upon license restoration. This device measures your blood alcohol concentration (BAC) before allowing you to start the car.

Fines and Penalties:
In addition to the automatic suspension, you may also face fines and penalties associated with a DWI/DUI conviction if you are found guilty in court.

Increased Insurance Rates:
A DWI/DUI conviction or refusal to take a breathalyzer test can lead to substantially higher auto insurance rates, making it expensive for years to come.

Criminal Record:
Refusal to submit to chemical testing may not prevent a DWI/DUI conviction but can result in additional charges, including a separate offense for refusal. This can lead to a criminal record, impacting employment and other aspects of life.

Mandatory Alcohol Education and Treatment:
The court may require you to attend alcohol education and treatment programs as part of your sentence.

Protecting Your Rights
If you are pulled over on suspicion of DWI/DUI in New Jersey, it is essential to understand your rights and legal options:

Consult an Attorney:
Contact an experienced DWI/DUI attorney who can guide you through the legal process, evaluate the strength of your case, and help you make informed decisions.

Understand the Consequences:
Familiarize yourself with the potential consequences of both DWI/DUI conviction and refusal so you can make an informed choice regarding chemical testing.

Cooperate with Law Enforcement:
While you have the right to remain silent, it’s generally advisable to be polite and cooperative with law enforcement during a traffic stop.

Request an Independent Test:
If you do submit to chemical testing and are arrested, you have the right to request an independent test by a medical professional of your choice.

DWI/DUI, Refusal law in New Jersey
DWI/DUI refusal laws in New Jersey are stringent and come with significant consequences. It is essential to be aware of these laws, understand your rights, and seek legal counsel if you find yourself facing a DWI/DUI charge or refusal allegations. Remember, the best way to avoid these problems is to never drink and drive in the first place, ensuring the safety of yourself and others on the road.

Contact a Jersey City and Newark DWI Defense Attorney
After being convicted under DUI charges, you can still protect your rights. You have the right to contact your DUI defense lawyer. We will work to protect your rights, and fight on your behalf to avoid a serious criminal conviction.

Call our Jersey City DUI/DWI attorneys at 201-420-1913 for a free consultation.

Joel Silberman: Your Choice for Murder and Manslaughter Defense in New Jersey

The law of murder and manslaughter in the state of New Jersey is a complex and crucial aspect of the legal system. These offenses involve the unlawful taking of another person’s life and carry severe penalties. It is vital to understand the nuances of these laws, including potential defenses and what to do if you believe you have been wrongfully charged. In this article, we will provide an overview of the law of murder and manslaughter in New Jersey and explore important factors to consider when seeking legal representation.

The Law of Murder and Manslaughter in New Jersey
In New Jersey, murder and manslaughter are distinct offenses, each with varying degrees of severity. Understanding the key differences is essential for anyone involved in a criminal case. Here are some critical aspects of these laws:

1. Murder: Murder is the intentional, unlawful killing of another person. New Jersey recognizes two categories of murder: first-degree murder and second-degree murder. First-degree murder involves premeditation, extreme cruelty, or the death of a law enforcement officer, while second-degree murder does not have these elements but still constitutes intentional killing.

2. Manslaughter: Manslaughter is the unlawful killing of another person without premeditation or intent. New Jersey has two categories of manslaughter: voluntary manslaughter, which occurs in the heat of passion, and involuntary manslaughter, which results from recklessness or negligence.

Defenses in Murder and Manslaughter Cases
Defenses in murder and manslaughter cases are essential to protect the rights of the accused. Some common defenses include:

1. Self-Defense: If the accused can demonstrate that they acted in self-defense or the defense of others, they may have a valid defense. The force used must be reasonable and necessary to protect against imminent harm.

2. Insanity: The accused may argue that they were legally insane at the time of the crime and, therefore, not criminally responsible for their actions.

3. Mistaken Identity: If the prosecution cannot prove beyond a reasonable doubt that the accused was the perpetrator, a mistaken identity defense may be successful.

4. Alibi: An alibi defense involves proving that the accused was not present at the scene of the crime at the time it occurred.

5. Lack of Intent: In cases of manslaughter, if it can be shown that the accused did not have the intent to cause harm or death, they may have a defense against a murder charge.

Wrongfully Charged with Murder or Manslaughter
If you believe you have been wrongfully charged with murder or manslaughter in New Jersey, it is imperative to take immediate action. Consult with an experienced criminal defense attorney to protect your rights and build a strong defense. You may need to gather evidence, alibi witnesses, or establish that a different person was responsible for the crime. A skilled attorney can guide you through the legal process, ensuring your rights are upheld.

Why Choose Attorney Joel Silberman
Attorney Joel Silberman is a well-respected criminal defense attorney in New Jersey who specializes in murder and manslaughter cases. There are several reasons why you should consider choosing him as your legal representative:

1. Experience: Joel Silberman has years of experience defending clients in criminal cases, including murder and manslaughter charges. He understands the nuances of New Jersey’s legal system and can build a strong defense strategy.

2. Legal Expertise: Mr. Silberman is well-versed in the intricacies of criminal law. He stays up to date with changes in the law and is committed to using his legal expertise to protect the rights of his clients.

3. Personalized Approach: Attorney Silberman understands the unique circumstances of each case and offers a personalized approach to legal representation. He will work closely with you to build a defense strategy tailored to your specific situation.

4. Track Record of Success: Joel Silberman has a proven track record of success in securing favorable outcomes for his clients in murder and manslaughter cases. His dedication and legal acumen make him a top choice for legal representation.

Conclusion
The law of murder and manslaughter in New Jersey is a serious matter that requires careful consideration and skilled legal representation. If you find yourself facing such charges, it is crucial to understand the defenses available to you and to consult with an experienced attorney like Joel Silberman to protect your rights and build a strong defense. Your choice of attorney can greatly influence the outcome of your case, and Joel Silberman’s expertise and commitment make him a top choice for those in need of legal representation in New Jersey’s criminal justice system. For free initial consultation, call us at 201-420-1913 today.

How to Avoid Getting a DWI or DUI

DWI or DUI is a traffic offense in New Jersey. The consequences of a DWI or DUI can be life-changing. The simplest answer as to how to avoid a DWI or DUI is to avoid drinking or being intoxicated in any way when driving. There are many other behaviors that you should do before, during and after a DWI or DUI stop that can prevent you from getting a DWI or DUI charge or at least lessen your charges.

Have Updated Documents Ready: If you are stopped and asked by a police officer to hand over your documents, be calm and hand your driver’s license, registration and proof of insurance to the officer.

Be Calm and Polite During Questioning: If the officer asks you if you have been drinking, politely answer. Be honest and calm. Do not be defensive or argumentative.

Field Sobriety Tests: New Jersey traffic laws allow police to ask drivers to step out of the car for any traffic stop. If this happens, do your best to stay calm and step out of your car. Try to maintain polite eye contact with the officer as he or she will observe you for any indications of intoxication including bloodshot eyes, the smell of alcohol or the inability to maintain your balance.

Roadside Breath Tests: If you are requested to breathe into a Breathalyzer to determine your Blood Alcohol Content (BAC), you should do it. The state of New Jersey is an implied consent state, which means that you gave your consent to be tested when you accepted your driver’s license. However, you can still request a more reliable test instead of the roadside test. It is then up to the officer to decide whether to take you into custody for refusal to take the test.

Contact an Experienced Attorney
Criminal attorney Joel Silberman can help you if you have been accused of a traffic offense in New Jersey. When you receive a ticket for a traffic violation, you can choose to fight back with the help of the Law Offices of Joel Silberman, LLC. Mr. Silberman has extensive experience in defending clients accused of traffic violations and offers skilled and experienced legal representation throughout New Jersey. We will provide an aggressive defense and keep you informed regarding your case. Call 201-420-1913 or email [email protected].

Criminal Justice Process

In the USA, the criminal justice process varies from state to state unless the case is federal. There are several steps involved in the criminal justice process, beginning with a criminal investigation and ending with conviction or acquittal. This system involves a set of investigation agencies, several processes and rules set up by government to investigate criminal acts and impose penalties on the convicted.

Steps in the criminal justice process:
The criminal justice process begins with a crime or compliance.
Based on the evidence, the police identify the suspect and perform an arrest.
After arrest, the accused can usually apply for bail.
If the suspect is charged, the officials will initiate the court trial.
After this, the accused can hire a criminal defense lawyer for representation.
If the accused pleads guilty, then the criminal defense lawyer may request a plea bargain, which will reduce the final sentence.
Otherwise, the defense lawyer collects evidence to prove the client is innocent.
If the jury finds the accused guilty, then the accused has to face the sentencing. Otherwise, the accused goes free.
If any side is not satisfied with the judgment, they can appeal and challenge the judgment.

Reasons for Hiring a Criminal Defense Attorney

There are many reasons why hiring a criminal defense attorney is beneficial for you. They understand the law better, have invested years of education in criminal justice and earned their experience in courtrooms. Regardless of whether they to help lower your penalties or avoid any other consequences, our attorneys are very prepared to handle your case.

The last thing you want is a criminal record following you for the rest of your life. A criminal defense attorney can help stop that from happening. With a good attorney by your side, you have a good chance to win the case or have it dismissed. If you are convicted, he or she can still appeal and ask the court to delete your conviction from your records, allowing you to live a normal life without worrying about a criminal record standing in the way of your job or social life.

When you are faced with a criminal charge, it is vital that you correctly handle all the documentation involved such as filing a plea bargain and submitting court documents on time. If you are handling the case on your own, it might be overwhelming for you to keep track of all the documents you need to bring to court. You may think that you are saving on the attorney’s fees, but a wrong step or a missed deadline for submission of documents could result in you losing your case. You would then have to face many more penalties, and have a much bigger price to pay. An experienced criminal defense attorney can help you with all the legal proceedings and, most importantly, keep you out of jail.

A criminal defense attorney can attempt to get your penalties lowered by getting a diversion or an alternate sentence. In case you want to settle your case by plea bargaining, only an expert criminal defense attorney can successfully negotiate a fair settlement with seasoned prosecutors. He or she can also protect you from improper attempts to get you convicted.

If you were to run into dishonest individuals trying to tamper or destroy your evidence, it would be very challenging to correct that on your own without professional help. An experienced defense attorney will know exactly what to do with people who are less than honest. An experienced attorney has access to professionals such as private investigators, medical practitioners and expert witnesses. They will help you uncover the truth, track down records and point out weak or contradictory statements.

If you or a loved one has been arrested or charged with a criminal offense, contact criminal defense attorney Joel Silberman right away. Joel and his team will provide an aggressive defense from start to finish and offer you the best chance to stay out of jail. For a free initial consultation, call us at 201-420-1913. You can also email us at [email protected].

Types of Defenses to Criminal Charges

A person who has been charged with a criminal offense appears in court. If he or she pleads “not guilty,” the trial officially begins. In order to convict the accused, the prosecutor must prove their guilt beyond a reasonable doubt. The court gives the defendant an opportunity to present a defense. However, the final decision rests in the hands of the judge or the jury. Here are some common defenses against criminal charges:

Presumption of innocence
According to the law, people accused of a crime are legally presumed to be innocent. This principle requires the prosecutor to prove the criminal defendant’s guilt. Due to the presumption of innocence, the defendant does not need to argue the case, present any witnesses, or do anything to prove innocence. If the prosecutor can’t convince the jury that the defendant is guilty, he or she goes free.

Proof beyond reasonable doubt
Because of the serious consequences of a criminal conviction, a prosecutor must prove unequivocal guilt. In other words, the prosecutor must convince a judge or jury that the defendant is guilty “beyond a reasonable doubt.” If a reasonable doubt exists relative to one or more elements of the crime that has been charged, the defendant can argue the case. If doubt remains or the ‘burden of proof’ has not been met, the defendant is given the benefit of the doubt and cleared of the charge.

The alibi defense
In this defense, the defendant attempts to prove that he or she was somewhere other than the scene of the crime at the time the crime allegedly occurred. It seeks to prove that the defendant is innocent. For example, if the defendant was accused of committing a burglary at a certain date or time, the evidence to support the alibi might consist of family testimony and other evidence proving that he or she was at a different place.

Self-defense
Self-defense is about the right to protect oneself or others from physical harm by using reasonable force or defensive force. It means the person doesn’t necessarily have to wait for the attack in order to act in self-defense. However, the force used should be reasonable under the circumstances. This type of defense is commonly used by defendants who have been accused of violent crimes, such as battery, assault with a deadly weapon or murder. The defendant admits violence, but attributes the crime to the other person’s threatening or violent acts. The core issues in most self-defense cases are:

Who was the aggressor?
Where did the incident take place?
Did the defendant have a duty to retreat before using force?
Was the defendant’s belief that self-defense was necessary reasonable?
Was the force used by the defendant reasonable?

Insanity defense
In this defense, the defendant admits the offense, but seeks to absolve himself or herself from blame on the grounds of insanity. It is based on the principle that punishment is justified only when one is able to control one’s behavior and has the capacity to understand that one has committed a crime. This defense prevents people who cannot fully function in society from being criminally punished. An insanity defense case involves complex procedures and various tests to determine the truth of the claim.

Intoxication defense
This defense depends on whether the intoxication was voluntary or involuntary, and whether the intent in question was clear and strong enough to merit a criminal charge. Involuntary intoxication can be a defense to criminal charges if the person was tricked or forced into consuming drugs or alcohol. Generally, voluntary intoxication does not excuse criminal conduct. However, some states have an exception to this rule. The defendant can argue that he or she was too drunk or high to have formed the intent to commit the crime. Specific intent can only be used as a partial defense in a case. It can be used to raise reasonable doubt about specific intent in a crime.

The defense of entrapment
Entrapment occurs when the government or the law enforcement officers persuade a person to commit a crime by actually placing the idea in their mind. For example, the police may use overbearing tactics or coercion to induce someone to commit a crime. However, entrapment can be difficult to prove when a defendant has a prior related conviction. In addition, the defendant may be found guilty even if a government agent suggested or helped commit the crime if a judge or jury believes that he or she had the inclination to commit the crime.

Need a strong criminal defense? Contact The Law Offices of Joel Silberman, LLC
The Law Offices of Joel Silberman, LLC are dedicated to fighting for individuals who are facing Federal, State or Municipal charges. We will defend you and your loved ones against all types of violent crime charges. Call us today at 201-420-1913 or email us at [email protected].