Criminal Attorney in Elizabeth, NJ | Brett M. Rosen, Esq.

If you are facing criminal charges in Elizabeth, New Jersey, you are likely experiencing a level of stress and uncertainty that is difficult to describe. The actions you take right now are critical. You need an experienced, aggressive, and knowledgeable criminal attorney in Elizabeth, NJ who understands the local court system and is dedicated to protecting your rights, your freedom, and your future.

My name is Brett M. Rosen, and my firm has defended clients against a wide range of criminal allegations in both the Elizabeth Municipal Court and the Union County Superior Court, located right here in Elizabeth. We understand that good people can find themselves in difficult situations. Our mission is to provide a powerful, strategic defense designed to achieve the best possible outcome for your case. I am certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction that approximately less than 1% of attorneys in New Jersey hold. Call us today for a free and confidential consultation at 908-312-0368.

Why Choose Our Firm for Your Elizabeth, NJ Criminal Case?

When your future is on the line, the attorney you choose matters. Our firm provides:

• Deep Local Experience: We have extensive experience handling cases in the Elizabeth Municipal Court and the Union County Superior Court. We know the prosecutors, the judges, and the specific procedures of the local system.

• Aggressive Representation: We are not afraid to challenge the state’s evidence, file motions to suppress illegally obtained evidence, and take your case to trial if necessary.

• A Strategic, Personalized Approach: Your case is unique. We don’t use a one-size-fits-all strategy. We meticulously review every detail of your case to build a defense tailored to your specific circumstances.

• Commitment to Communication: We ensure you are kept informed at every stage of the process, providing clear answers and guidance when you need it most.

Comprehensive Criminal Defense for Elizabeth Residents

Our firm provides expert legal defense for a wide variety of charges. Below are some of the common cases we handle in Elizabeth, NJ, along with their potential penalties and defenses.

DWI/DUI Charges (N.J.S.A. 39:4-50)

A DWI charge in Elizabeth is a serious offense with severe and immediate penalties, even for a first-time offender.

• Potential Penalties (First Offense):

  • Significant fines and court-mandated fees.

  • Mandatory attendance at the Intoxicated Driver Resource Center (IDRC).

  • A driver’s license suspension or, more commonly, the mandatory installation of an Ignition Interlock Device in your vehicle.

  • Thousands of dollars in MVC and insurance surcharges for three years.

• Potential Defenses:

  • Improper Traffic Stop: Arguing that the police lacked a valid legal reason to pull your vehicle over in the first place.

  • Flawed Field Sobriety Tests: Challenging the administration and scoring of the tests.

  • Alcotest Machine Errors: Questioning the machine’s calibration records, maintenance history, or the officer’s operation of the device.

Simple Assault (N.J.S.A. 2C:12-1a)

A simple assault charge often arises from a fight, domestic dispute, or other confrontation. It is classified as a disorderly persons offense.

• Potential Penalties:

  • Up to 6 months in the Union County Jail.

  • A fine of up to $1,000.

  • A permanent criminal record that can affect employment and housing.

• Potential Defenses:

  • Self-Defense: Demonstrating that your actions were necessary to protect yourself from harm.

  • Defense of Others: Showing you acted to protect another person from an unlawful attack.

  • Mutual Combat: Arguing that the altercation was a consensual fight between both parties.

  • Factual Innocence: Proving you were misidentified or not involved.

Drug Crimes / CDS Offenses (N.J.S.A. 2C:35-10)

From simple possession of marijuana to more serious charges involving cocaine or heroin, a drug charge can have lasting consequences.

• Potential Penalties (Simple Possession – Disorderly Persons Offense):

  • Up to 6 months in jail.

  • Fines up to $1,000.

  • A mandatory driver’s license suspension of at least 6 months.

• Potential Defenses:

  • Illegal Search and Seizure: Arguing that the police violated your 4th Amendment rights by searching you, your car, or your home without a warrant or probable cause.

  • Chain of Custody Issues: Challenging the prosecution’s ability to prove the alleged drugs were properly handled from seizure to testing.

  • Lack of Possession: Arguing you did not have knowledge or control over the substances (constructive vs. actual possession).

Frequently Asked Questions (FAQ) for Elizabeth Criminal Cases

Q: Do I really need a lawyer for a minor charge in Elizabeth Municipal Court? A: Absolutely. Even a minor disorderly persons offense can result in a permanent criminal record, which can be a significant barrier to future job opportunities. An experienced attorney can often negotiate to have the charges downgraded or dismissed, or secure your entry into a program like Conditional Dismissal, which allows for a clean record upon completion.

Q: My case is at the Union County Superior Court. Do you handle serious cases there? A: Yes. Our firm has significant experience defending clients against serious indictable crimes (felonies) at the Union County Superior Court in Elizabeth. We handle everything from aggravated assault and weapons charges to complex drug distribution cases. We understand the high stakes and are prepared to build a powerful defense.

Q: What is the first thing I should do after being arrested in Elizabeth? A: The most important first step is to exercise your right to remain silent and state clearly that you want to speak to an attorney. Do not answer questions or make any statements to the police without your lawyer present. Then, contact a skilled criminal defense attorney as soon as possible.

Q: Can a criminal charge be removed from my record? A: Yes, in many cases. This process is called an expungement. After a certain waiting period, and if you meet the eligibility criteria, we can file a petition to have your arrest and conviction records legally sealed from public view. We guide our clients through this process to help them achieve a truly clean slate.

Contact Your Elizabeth Criminal Attorney Today

Being charged with a crime is not the same as being convicted. You have rights, and you have options. The right legal representation can make all the difference. If you or a loved one is facing charges in Elizabeth or anywhere in Union County, you need a dedicated advocate in your corner.

Call Brett M. Rosen, Esq. today for a confidential consultation to discuss your case and learn how we can fight for you. 908-312-0368

Disclaimer: This website contains general information for informational purposes only and does not constitute legal advice. The information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel specific to your case. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This may be considered Attorney Advertising.