Berkeley Heights, NJ Criminal Defense Attorney

Berkeley Heights, NJ Criminal Defense Attorney

Are you facing criminal charges in Berkeley Heights, NJ? A criminal accusation can be a daunting and life-altering experience. The prospect of a criminal record, substantial fines, and even jail time can be overwhelming. During this critical time, it is imperative to have a dedicated and experienced legal advocate on your side.

Brett M. Rosen, Esq., a distinguished and aggressive criminal defense attorney, provides legal representation to individuals facing criminal charges in Berkeley Heights and throughout Union County. Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, Mr. Rosen possesses the expertise, dedication, and trial-tested skills necessary to protect your rights and fight for the best possible outcome in your case.

Comprehensive Criminal Defense for Berkeley Heights Residents

Brett M. Rosen, Esq., handles a wide array of criminal matters in the Berkeley Heights Municipal Court and the Union County Superior Court. We understand the local court procedures and have a formidable reputation for our meticulous and tenacious defense strategies.

Common Criminal Charges in Berkeley Heights

We provide expert legal counsel for a variety of criminal offenses, including but not limited to:

Disorderly and Petty Disorderly Persons Offenses (Misdemeanors):

  • Simple Assault (N.J.S.A. 2C:12-1a): Involving causing or attempting to cause bodily injury to another person.
  • Harassment (N.J.S.A. 2C:33-4): Engaging in a course of alarming conduct or making communications at inconvenient hours with the purpose to harass another.
  • Disorderly Conduct (N.J.S.A. 2C:33-2): Improper behavior such as fighting, threatening, or creating a hazardous or physically dangerous condition.
  • Shoplifting (N.J.S.A. 2C:20-11): The theft of merchandise from a retail establishment.
  • Drug Paraphernalia (N.J.S.A. 2C:36-2)
  • Underage Drinking (N.J.S.A. 2C:33-15)
  • Bad Checks (N.J.S.A. 2C:21-5)

Indictable Offenses (Felonies):

  • Aggravated Assault (N.J.S.A. 2C:12-1b): A more serious form of assault that may involve a weapon or result in serious bodily injury.
  • Burglary (N.J.S.A. 2C:18-2): Unlawfully entering a structure with the intent to commit a crime therein.
  • Theft by Unlawful Taking (N.J.S.A. 2C:20-3): The unlawful taking or exercising of control over movable property of another with the purpose to deprive them thereof.
  • Drug Possession and Distribution (N.J.S.A. 2C:35-5 and 2C:35-10): Involving controlled dangerous substances such as cocaine, heroin, and prescription medications.
  • Weapons Offenses (N.J.S.A. 2C:39-1 et seq.): Including unlawful possession of a weapon and possession of a weapon for an unlawful purpose.
  • Domestic Violence (N.J.S.A. 2C:25-17 et seq.): Involving a predicate act of violence against a person with whom the accused has a domestic relationship.

Potential Penalties for Criminal Offenses in New Jersey

The consequences of a criminal conviction in New Jersey can be severe and long-lasting. It is crucial to understand what is at stake.

Offense ClassificationPotential IncarcerationPotential Fines
First Degree Indictable Crime10 to 20 years in state prisonUp to $200,000
Second Degree Indictable Crime5 to 10 years in state prisonUp to $150,000
Third Degree Indictable Crime3 to 5 years in state prisonUp to $15,000
Fourth Degree Indictable CrimeUp to 18 months in state prisonUp to $10,000
Disorderly Persons OffenseUp to 6 months in county jailUp to $1,000
Petty Disorderly Persons OffenseUp to 30 days in county jailUp to $500

Beyond these penalties, a criminal conviction can lead to a permanent criminal record, loss of professional licenses, difficulty finding employment, and immigration consequences. For DWI convictions, you can face a lengthy license suspension, mandatory installation of an ignition interlock device, and significant surcharges.

Strategic Defenses to Criminal Charges

Brett M. Rosen, Esq., will meticulously review the details of your case to identify any and all viable defenses. A successful defense strategy may involve:

  • Challenging the Constitutionality of a Search and Seizure: If law enforcement violated your Fourth Amendment rights through an illegal search of your person, vehicle, or home, any evidence obtained as a result may be suppressed.
  • Contesting the Admissibility of a Confession: If a statement was obtained in violation of your Miranda rights or was coerced, it may be deemed inadmissible in court.
  • Disputing the “Chain of Custody” of Evidence: The prosecution must prove that the evidence presented is the same evidence that was collected at the scene and has not been tampered with.
  • Asserting Lack of Intent: For many crimes, the prosecution must prove that you had the specific intent to commit the offense.
  • Raising the Defense of Mistaken Identity: Eyewitness testimony can be unreliable, and we can challenge the procedures used to identify you as the perpetrator.
  • Claiming Self-Defense: If you used a reasonable amount of force to protect yourself from harm, this can be a complete defense to an assault charge.
  • Utilizing Alibi Defenses: Providing credible evidence that you were elsewhere when the crime was committed.
  • Negotiating for Diversionary Programs: For first-time offenders, programs such as Pre-Trial Intervention (PTI) or Conditional Discharge may be available to have your charges dismissed upon successful completion of a probationary period.

Frequently Asked Questions (FAQs)

Q: Should I speak to the police if I am arrested?

A: It is in your best interest to exercise your right to remain silent and request an attorney immediately. Anything you say to law enforcement can be used against you in court.

Q: I was only charged with a minor offense. Do I still need a lawyer?

A: Absolutely. Even a seemingly minor disorderly persons offense can result in a criminal record, fines, and potential jail time. An experienced attorney can often negotiate a more favorable outcome, such as a downgrade of the charges or a dismissal.

Q: What is the difference between a disorderly persons offense and an indictable crime?

A: In New Jersey, a disorderly persons offense is similar to a misdemeanor in other states and is handled in the local municipal court. An indictable crime is the equivalent of a felony and is prosecuted in the County Superior Court. Indictable crimes carry more severe penalties.

Q: Can my criminal record be expunged?

A: In many cases, yes. New Jersey law allows for the expungement of certain criminal records after a specific period has passed without any new convictions. An attorney can evaluate your eligibility for an expungement.

Q: How can I afford a private criminal defense attorney?

A: We offer a free initial consultation to discuss your case and provide a clear understanding of our legal fees. We also offer flexible payment plans to accommodate your financial situation.

Contact Brett M. Rosen, Esq. Today for a Free Consultation

If you have been charged with a crime in Berkeley Heights, NJ, do not wait to seek legal help. The sooner you have a skilled attorney on your side, the better your chances of a successful outcome.

Contact Brett M. Rosen, Esq., today for a free, confidential consultation to discuss your case. 908-312-0368


Disclaimer: This website is for informational purposes only and does not constitute legal advice. The information contained herein is not intended to create, and receipt of it does not constitute, an attorney-client relationship. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Amazing lawyer! Brett Rosen is by far the best, and most professional lawyer I’ve ever had the pleasure of being a client for. He is also extremely knowledgeable, and organized. Brett Rosen was beyond prepared and I am so thankful for the hard work, and dedication he put towards my case. Absolutely recommend!
Gillian

Disclosure: Prior results do not guarantee a similar outcome. This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Disclosure: Prior results do not guarantee a similar outcome. This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.