Criminal Defense Attorney Linden, NJ

Criminal Defense Attorney Linden, NJ

Arrested or Under Investigation in Linden? We’re Here to Defend Your Rights & Fight for Your Freedom.

Being arrested or accused of a crime in Linden, New Jersey, is a terrifying and overwhelming experience. The stakes are high, with your reputation, freedom, and future hanging in the balance. Whether you’re facing misdemeanor or felony charges, the legal process can be complex and confusing. You need a skilled and experienced criminal defense attorney on your side who can fight for you and protect your rights.

Brett M. Rosen, Esq., is a leading criminal defense attorney with a proven track record of successfully defending clients in Linden and throughout Union County. Rosen is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This certification is held by approximately less than 1% of attorneys in New Jersey. He’s also been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years. Only 2.5% of attorneys are selected to this list in New Jersey.

We have a deep understanding of New Jersey criminal law, the local courts, and the strategies necessary to build a strong defense. Our unwavering commitment to our clients, combined with our aggressive advocacy, sets us apart as the go-to choice for those facing criminal charges in Linden, NJ. Call us today for a free consultation, 908-312-0368. 

Why Choose Brett M. Rosen, Esq. for Your Linden, NJ Criminal Defense?

• Local Expertise: We have extensive experience practicing in Linden Municipal Court and Union County Superior Court. We are familiar with the local judges, prosecutors, and court procedures, giving us a strategic advantage in your case. Our familiarity with the local legal landscape allows us to anticipate challenges and develop effective defense strategies.
• Proven Results: Our firm has a long history of achieving favorable outcomes for our clients, including dismissals, reduced charges, acquittals, and alternative sentencing options. We are dedicated to fighting for your rights and minimizing the impact of criminal charges on your life.
• Client-Centered Approach: We understand that every case is unique and deserves personalized attention. We take the time to listen to your concerns, explain your options thoroughly, and develop a defense strategy tailored to your specific needs and goals. Your well-being and peace of mind are our top priorities.
• Aggressive Advocacy: We are passionate about protecting the rights of the accused and fighting for justice. We will not hesitate to challenge the prosecution’s evidence, negotiate with prosecutors, or take your case to trial if necessary.
• Compassionate Support: We understand the emotional toll that criminal charges can take on you and your family. We are here to offer compassionate support, guidance, and reassurance throughout the legal process.
• 24/7 Availability: We know that legal emergencies don’t always happen during business hours. That’s why we offer 24/7 availability to our clients. If you need us, we’re just a phone call away.

Types of Criminal Cases We Handle in Linden, NJ

Our firm represents clients facing a wide array of criminal charges in Linden, NJ, including:

• Traffic Offenses:
  
  • DUI/DWI
  • Reckless Driving
  • Speeding
  • Driving While Suspended
  • Hit and Run
  • Driving without insurance
  • Other Traffic Violations
• Disorderly Persons Offenses (Misdemeanors):
  
  • Simple Assault
  • Harassment
  • Disorderly Conduct
  • Resisting Arrest
  • Theft (under $200)
  • Shoplifting
  • Drug Possession (small amounts)
  • Criminal Mischief/Vandalism
  • Domestic Violence (some cases)
• Indictable Offenses (Felonies):
  
  • Aggravated Assault
  • Robbery
  • Burglary
  • Theft (over $200)
  • Drug Offenses (possession with intent to distribute, distribution)
  • Weapons Offenses
  • Sex Crimes
  • Homicide
• Juvenile Offenses:
  
  • Delinquency Charges (equivalent to adult crimes)
  • Status Offenses (truancy, underage drinking)
• Municipal Ordinance Violations:
  
  • Noise violations
  • Public nuisance offenses
  • Zoning violations

Defenses Against Criminal Charges in Linden, New Jersey

Every criminal case is unique, and the most effective defense strategy depends on the specific facts and circumstances of your case. However, some common defenses used in Linden include:

• Lack of Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If they lack sufficient evidence, your attorney may be able to get your case dismissed.
• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights against illegal search and seizure, any evidence obtained may be inadmissible in court.
• Self-Defense/Defense of Others: If you used reasonable force to protect yourself or another person from imminent harm, this may be a valid defense.
• Alibi: If you have evidence to prove you were not present at the scene of the crime, this can be a powerful defense.
• Intoxication/Duress: In certain situations, intoxication or duress may be considered mitigating factors or defenses.
• Coercion/Entrapment: If you were coerced or entrapped by law enforcement into committing a crime, this may be a defense.
• Mistake of Fact: If you honestly and reasonably believed something that would negate an element of the crime, this may be a defense.
• Insanity: This is a complex defense that requires proving a mental disease or defect prevented you from understanding the nature and quality of your acts or knowing that they were wrong.

Navigating the Criminal Justice System in Linden

The criminal justice system can be complex and confusing. Here’s an overview of what to expect when facing charges in Linden:

1. Arrest and Booking: If arrested, you will be taken to the police station for booking, where your personal information and the charges against you will be recorded. You may be held in jail pending a bail hearing or released on your own recognizance.
2. First Appearance: You will have your first appearance before a judge in Linden Municipal Court. The judge will inform you of the charges against you, your rights, and set bail if applicable.
3. Pre-trial Proceedings: This phase involves the exchange of information between the prosecution and defense, including discovery of evidence, filing of motions, and plea negotiations. Your attorney will work tirelessly to build your defense during this stage.
4. Trial: If your case doesn’t settle during pre-trial proceedings, it will go to trial. In most cases, you will have the option of a trial by jury or a trial by judge (bench trial).
5. Sentencing: If you are convicted, the judge will impose a sentence, which could include fines, probation, community service, or jail time, depending on the severity of the offense and your criminal history.

Frequently Asked Questions (FAQs)

1. What should I do if I am arrested in Linden, NJ? The most important thing is to remain silent and invoke your right to an attorney. Do not answer any questions from law enforcement without your lawyer present.
2. Can I get my criminal charges dismissed? The possibility of dismissal depends on the specifics of your case, the evidence against you, and the strength of your defense. An experienced attorney can assess your case and advise you on the likelihood of dismissal.
3. Can I get a criminal record expunged in New Jersey? New Jersey has an expungement law that allows certain criminal records to be cleared under specific conditions. An attorney can help you determine your eligibility for expungement.
4. What is the difference between a misdemeanor and a felony in New Jersey? In New Jersey, less serious crimes are called disorderly persons offenses (equivalent to misdemeanors) and are punishable by up to 6 months in jail. More serious crimes are called indictable offenses (equivalent to felonies) and are punishable by more than 6 months in prison.
5. What is the difference between state and federal charges? State charges are filed by local or state prosecutors and are tried in state court. Federal charges are filed by federal prosecutors and are tried in federal court. Federal crimes are generally more serious and carry harsher penalties.
6. How much will it cost to hire a criminal defense attorney in Linden, New Jersey? Legal fees vary depending on the complexity of your case, the experience of the attorney, and the length of representation. Most criminal defense attorneys offer free consultations to discuss your case and provide a fee estimate.
7. What should I look for in a criminal defense attorney? Look for an attorney with experience in the type of case you’re facing, a strong track record of success, and a commitment to providing personalized attention and aggressive representation. You should also feel comfortable communicating with your attorney and trust that they will fight for your rights.
8. What if I can’t afford an attorney? If you cannot afford an attorney, you may be eligible for a public defender. However, it’s important to note that public defenders often have heavy caseloads and may not be able to provide the same level of individualized attention as a private attorney.
9. Can I get a plea bargain for my criminal charges? Plea bargains are agreements between the defense and the prosecution where you plead guilty to a lesser charge or fewer charges in exchange for a more lenient sentence. Your attorney can negotiate a plea bargain on your behalf.
10. What are my rights if I am facing criminal charges? You have numerous rights, including the right to remain silent, the right to an attorney, the right to a fair trial, and the right to be presumed innocent until proven guilty. An attorney can ensure that your rights are protected throughout the legal process.
11. What should I expect at my first court appearance? Your first court appearance, also known as an arraignment, is where you’ll be formally charged and asked to enter a plea. Your attorney will advise you on how to plead and may discuss potential plea deals with the prosecutor.
12. What happens if I can’t afford bail? If you cannot afford the bail set by the judge, your attorney can request a bail reduction hearing. The judge will then consider factors such as your ties to the community, the nature of the charges, and your criminal history in determining whether to lower the bail amount or release you on your own recognizance (ROR), meaning you are released without paying bail but with a promise to return to court.
13. Can a criminal conviction affect my immigration status? Yes, a criminal conviction can have serious consequences for non-U.S. citizens, including deportation or denial of naturalization. If you are not a citizen, it’s crucial to inform your attorney of your immigration status so they can advise you on the potential immigration consequences of your case and explore any possible defenses or alternative resolutions.
14. What is the difference between probation and parole? Probation is a sentence imposed instead of jail time, where you must comply with certain conditions, such as reporting to a probation officer, undergoing drug testing, or attending counseling. Parole is a conditional release from prison after serving a portion of your sentence. While both probation and parole involve supervision and restrictions, parole is typically granted to individuals who have already served time in prison.
15. Can a juvenile be charged as an adult in New Jersey? Yes, in certain cases, juveniles can be waived up to adult court if the offense is serious or if the juvenile has a history of delinquency. The decision to waive a juvenile up to adult court is made by a judge after considering various factors, including the nature of the offense, the juvenile’s age and criminal history, and the potential for rehabilitation.
16. What is the difference between an indictment and a complaint? An indictment is a formal accusation of a crime issued by a grand jury, which is a group of citizens who review the evidence presented by the prosecutor. A complaint is a formal accusation of a crime filed by the police or prosecutor. Indictments are typically used for more serious offenses (felonies), while complaints are used for less serious offenses (misdemeanors).
17. What is the difference between state and federal court? State courts handle cases involving violations of state laws, while federal courts handle cases involving violations of federal laws. The specific court where your case is heard will depend on the nature of the charges against you and the jurisdiction of the offense.
18. What is the role of the Union County Prosecutor’s Office? The Union County Prosecutor’s Office is responsible for prosecuting criminal cases in Union County. They will review the evidence, decide whether to file charges, and represent the state in court.
19. Can I expunge my criminal record in New Jersey? New Jersey has an expungement law that allows certain criminal records to be cleared under specific conditions. However, not all offenses are eligible for expungement, and the process can be complex. An attorney can help you determine your eligibility and guide you through the expungement process.
20. What should I wear to court? It’s important to dress professionally and respectfully for court appearances. Avoid wearing revealing or casual clothing, such as shorts, tank tops, or flip-flops.
21. Can I still get a job if I have a criminal record? Having a criminal record can make it more difficult to find employment, but it is not impossible. The impact of a criminal record on your job prospects will depend on the nature of the offense, the type of job you are seeking, and your employer’s policies. An attorney can help you understand the potential consequences of a conviction and explore options for minimizing its impact on your employment.
22. What happens if I can’t pay my fines or restitution? If you are unable to pay fines or restitution, the court may offer payment plans, community service, or other alternatives. However, failure to comply with court orders can result in additional penalties, such as wage garnishment or license suspension.
23. What are the potential consequences of a criminal conviction on my professional license? A criminal conviction can have serious consequences for your professional license, especially in fields like healthcare, law, education, and finance. Depending on the nature of the offense and the licensing board’s rules, you may face disciplinary action, suspension, or revocation of your license.
24. Can I get my case transferred to another county? In some cases, it may be possible to request a change of venue to move your case to a different court within the same state. This is typically done when there is a concern that you cannot receive a fair trial in the original jurisdiction due to pretrial publicity or other factors.

Don’t Face Criminal Charges Alone – Contact Brett M. Rosen, Esq. Today

If you’re facing criminal charges in Linden, NJ, don’t hesitate to contact Brett M. Rosen, Esq. for a free consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and future.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free consultation.