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]. Viist our website https://www.joelsilbermanlaw.com/

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.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.

The Consequences of Refusing to Take a Breathalyzer Test

When a person is pulled over by the police on suspicion of driving under the influence (DUI), the officer may administer a field sobriety test, followed by a Breathalyzer test. A Breathalyzer test is one of the many tests that police officers use to take drivers suspected of being under the influence into custody.

Most states have implied consent laws regarding these types of tests. This means that when a person applies for and is issued a driver’s license, he or she is automatically giving consent to a Breathalyzer and other tests, whenever necessary, to determine impairment. However, many people refuse to take this test.

Refusing to take a Breathalyzer test can result in serious consequences. Your driver’s license may be revoked or suspended for up to 12 months, fines may be imposed, and you may face a jail term for not submitting to a BAC test when suspected of a DUI. Drivers with past DUI convictions can face even longer suspensions or jail time.

Refusing a Breathalyzer test is not advisable because prosecutors may still base a potential DUI charge on other evidence collected at the scene, such as officer observations, witness testimony, or the results of a field sobriety test. The refusal may also be used against you in a future trial.

Contact Us
New Jersey has extremely tough laws for refusing to take a Breathalyzer test. The consequences can have a devastating effect on a person’s career and family. If you or a loved one has been arrested and charged with a DUI or Refusal, you should speak with attorney Joel Silberman as soon as possible to start preparing a defense. Call 201-420-1913 or email [email protected]. Visit our website https://www.joelsilbermanlaw.com/

The Top 6 Questions to Ask Your DUI Defense Attorney

If someone has been charged with a DUI, consulting a good DUI defense attorney is the most important decision you can make. Most DUI defense attorneys offer a free initial consultation. Make sure you compile a list of questions to ask before you hire an attorney.

Here are the top six questions to ask your DUI defense attorney:

Special training: Ask if the lawyer is certified by any organizations such as the NCDD (National College for DUI Defense). Ask if the attorney has training from the National Highway Traffic Safety Administration in administering Standardized Field Sobriety Tests and if they received training on using the breathalyzer machine.
Experience: Ask how many years the attorney has been practicing DUI law, how many cases they have handled and what their trial experience is.
Knowledge about the local court system: Make sure the lawyer practices in your county and knows the prosecutors in that jurisdiction. Knowing what kinds of plea deals a prosecutor normally offers could make a big difference in your case.
Fees: Ask if the lawyer charges a flat fee or an hourly rate. A flat fee is more common for DUI lawyers. Ask if there will there be extra costs, such as expert witness fees. Also, ask for details on how you will be billed.
Personalized attention: You want to be sure that your case gets the attention it needs. Ask if the DUI defense attorney will personally work on your case and represent you in court or give your case to their assistant to handle.
If you or a loved one has been arrested and charged with a DUI or DWI, contact The Law Offices of Joel Silberman, LLC. Our experienced DUI/DWI defense attorneys have extensive knowledge and the necessary experience and skills to handle your case. We will work hard to protect your rights and fight on your behalf to help you avoid a serious conviction. Call 201-420-1913 or email [email protected].

Expunging Your Court Record

In New Jersey, a person with a criminal record can ask the court to expunge or seal the record under the circumstances specified by law. It helps the person to in getting better employment, securing loans, or even a gun permit.

An expungement is the removal, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency. A court-ordered expungement can remove the following information:
-your arrest
-all court proceedings related to your case
-your criminal or juvenile conviction
-the outcome of your case, including your sentence

You can apply for an expungement using the eCourts Expungement System(see link below). It’s free. You will need your case number to get started.

If you encounter a problem, or are in doubt as to whether you need a lawyer or your expungement matter is complex , talk to us. Even a small mistake can result in rejection or delay. Preempt such a possibility and tack to us now. Call 201-420-1913 or email [email protected].

Domestic violence is defined as an action taken by one partner in a relationship to control or hurt the other. Family courts and criminal courts have concurrent rules over “family offenses” such as assault, sexual misconduct or abuse, stalking, menacing, and strangulation. Anyone performing these acts can be charged with domestic violence.

Domestic Violence Accusations
Beatings or physical attacks such as kicking, slapping, punching or hair pulling.
Threats that make the victim afraid for themselves or others.
Kidnapping.
Involuntary sexual contact or rape under threats.
Theft or damage to personal property.
Forced entry into home, with or without a weapon.
Threats with a weapon such as a gun or knife.
Repeated verbal degradation and attacks.
Stalking by actions done more than one time.
Domestic Violence Penalties and Sentences
If the assault took place during a consensual fight, then the charge will be downgraded to a petty disorderly person offense.
If the assault occurred on a public official like a police officer, then the charge will be upgraded to a fourth degree crime which can carry up to 18 months in prison.
The charge may be upgraded to a third degree crime if the assault took place on a public official and bodily injury resulted. A third degree crime carries 3 to 5 years in prison if convicted.
Criminal contempt in domestic violence cases is a fourth degree crime which carries penalties of up to 18 months in prison and $25,000 in fines if convicted. (N.J. Rev. Stat. §§ 2C: 25-30, 2C:25-31, 2C: 29-9)
Whether you are guilty or innocent, you need a strong domestic violence defense attorney.

Domestic Violence Defense Attorney, New Jersey
We at the Law Office of Joel Silberman work for the best result for our client. We study your case and fight vigorously for you and do our best to dismiss or minimize your penalties. We have offices in Jersey City, Newark, and New York. Call us today at 201-420-1913 for a consultation with Attorney Joel Silberman. You can also send an email to [email protected].

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.