Criminal Defense Attorney Berkeley Heights, NJ 

Facing criminal charges in Berkeley Heights, NJ can be a frightening and overwhelming experience. The consequences can be severe, impacting your freedom, reputation, and future. Brett M. Rosen, Esq. is here to provide unwavering support and aggressive legal representation when you need it most. Here are some compelling reasons to consider retaining Brett M. Rosen as your criminal defense attorney in Berkeley Heights, NJ:

Comprehensive Criminal Defense Services in Berkeley Heights

We offer a wide range of criminal defense services in Berkeley Heights, NJ, including:

• Drug Offenses: Possession, distribution, possession with intent to distribute, drug paraphernalia charges.
  • Drug paraphernalia charge in Berkeley Heights carries up to 6 months in Union County Jail.
• DWI/DUI: Driving while intoxicated, driving under the influence, refusal to submit to a breathalyzer.
• Traffic Offenses: Speeding, reckless driving, driving with a suspended license.
  • Reckless driving carries five (5) points.
• Assault and Battery: Simple assault, aggravated assault, domestic violence.
  • Simple assault charge carries up to six (6) months in jail and up to a $1,000 fine. 
• Theft Crimes: Shoplifting, robbery, burglary, fraud, identity theft.
  • If the items are less than $200, then a shoplifting charge carries up to 6 months in the Union County Jail.
• White-Collar Crimes: Embezzlement, fraud, forgery, insider trading.
• Sex Crimes: Sexual assault, indecent exposure, child pornography.
  • Sexual assault charge carries up to ten (10) years in prison and up to a $150,000 fine. 
• Juvenile Offenses: Underage drinking, vandalism, theft.
• Weapons Charges: Unlawful possession of a weapon, firearm offenses.
• Expungement: Clearing your criminal record for a fresh start.

Our Approach to Your Defense

At Brett M. Rosen, Esq., we take a comprehensive and individualized approach to your defense in Berkely Heights, NJ:

1. Thorough Investigation: We will conduct a meticulous investigation of your case, scrutinizing police reports, witness statements, and all available evidence to identify weaknesses in the prosecution’s case and uncover potential defenses.
2. Strategic Defense Planning: We will develop a customized defense strategy tailored to the unique circumstances of your case, considering all legal options and utilizing our expertise to achieve the best possible outcome.
3. Aggressive Advocacy: We will tirelessly advocate for you in court, challenging the prosecution’s evidence, cross-examining witnesses, and presenting a compelling defense on your behalf.
4. Mitigation: We will work to minimize the potential penalties you face, whether through plea negotiations, diversionary programs, or seeking alternative sentencing options.

Common Criminal Defense Strategies

The optimal defense strategy depends on the specific charges you face. Some common strategies we may employ include:

• Challenging the Legality of the Arrest or Search: We may argue that your arrest or the search that led to evidence was unlawful, potentially suppressing key evidence in your case. Evidence obtained through an illegal search or seizure can be suppressed, meaning it cannot be used against you in court. This often involves challenging the legality of a traffic stop, a search warrant, or consent to search.
• Self-Defense/Defense of Others: If you used force to protect yourself from imminent harm, you might be able to argue self-defense. The force used must have been proportionate to the threat you faced. If you acted in self-defense or to protect another person, this can be a valid defense. Similar to self-defense, you can use force to protect another person if you reasonably believed they were in imminent danger.
• Lack of Intent: We may argue that you did not have the requisite intent to commit the crime.
• Alibi: Providing evidence that you were elsewhere at the time of the crime.
• Mistaken Identity: Proving that you were wrongfully accused or misidentified.
• Intoxication or Impaired Mental State: In certain cases, this can be a mitigating factor or a defense. While voluntary intoxication is generally not a defense, it might be relevant in cases where specific intent is required for the crime.
• Negotiating a Plea Bargain: We may negotiate with the prosecutor to reduce charges or penalties.
• Insufficient Evidence: The prosecution has the burden of proving every element of the crime beyond a reasonable doubt. If the evidence is weak, inconsistent, or lacking, your attorney can argue that it’s not enough for a conviction.
• Chain of Custody Issues: The prosecution must demonstrate a proper chain of custody for any physical evidence, showing that it was handled correctly and not tampered with. Any breaks in the chain of custody can cast doubt on the evidence’s reliability.
• False Accusations: In some cases, the entire accusation might be false or motivated by malice. Your attorney can investigate the accuser’s motives and present evidence to support your innocence.

Frequently Asked Questions (FAQs)

• What should I do if I am arrested in Berkeley Heights?
  
  • Remain silent, ask for a lawyer immediately, and do not answer any questions without an attorney present.
• Can I get a public defender if I cannot afford a private attorney?
  
  • Yes, you have the right to a court-appointed attorney if you cannot afford one. However, private attorneys often have more resources and time to devote to your case.
• How long will my case take to resolve?
  
  • The duration varies widely depending on the complexity of the case, court schedules, and whether it goes to trial.
• Will a criminal conviction affect my immigration status?
  
  • Certain convictions can have serious immigration consequences. If you are not a U.S. citizen, consult with an attorney who understands immigration law.
• Where do criminal cases in Berkeley Heights get handled?
  • Less serious offenses (disorderly persons offenses) are handled in the Berkeley Heights Municipal Court. More serious offenses (indictable offenses) are handled in the Union County Superior Court in Elizabeth. 

FAQs Continued

What is a plea bargain?

• A plea bargain is an agreement between the defendant and the prosecutor where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial.

Should I hire a lawyer for a criminal charge in Berkeley Heights?

• It is highly recommended to hire an experienced criminal defense attorney. An attorney can protect your rights, investigate the case, negotiate with the prosecutor, and fight to get the best possible outcome.

What is the difference between an arrest and a conviction?

• An arrest means that law enforcement has probable cause to believe you committed a crime. A conviction means that you have been found guilty in court.

What are the different types of criminal charges in New Jersey?

• New Jersey law categorizes offenses as either indictable offenses (felonies) or disorderly persons offenses (misdemeanors). Indictable offenses are more serious and are heard in Superior Court. Disorderly persons offenses are less serious and are handled in Municipal Court. Examples include:
  • Indictable Offenses: Assault, theft, drug possession, burglary.  
     
  • Disorderly Persons Offenses: Disorderly conduct, harassment, minor drug offenses.
     

Why Choose Brett M. Rosen, Esq. for Your Berkeley Heights Criminal Defense?

• Local Expertise: We have extensive knowledge of the Berkeley Heights Municipal Court, local law enforcement procedures, and the nuances of New Jersey state law. This allows us to build the strongest possible defense tailored to your specific circumstances.
• Proven Results: Our firm has a history of successfully defending clients against a wide range of criminal charges in Berkeley Heights. We are dedicated to achieving the best possible outcomes for our clients, whether that means reduced charges, dismissed cases, or acquittals at trial.
• Client-Centered Approach: We understand that facing criminal charges can be stressful and confusing. We prioritize clear communication, transparency, and compassion, guiding you through every step of the legal process with personalized attention and support.
• Aggressive Advocacy: We are tireless advocates for our clients, fighting for your rights both inside and outside the courtroom. We will challenge the prosecution’s evidence, negotiate with the prosecutor, and, if necessary, take your case to trial to protect your interests.

Protect Your Rights, Your Freedom, and Your Future – Contact Us Today

If you’re facing criminal charges in Berkeley Heights, NJ, don’t delay in seeking legal help. The sooner you contact an attorney, the better your chances of a successful outcome.

Call Brett M. Rosen, Esq. at 908-312-0368 & brett@nynjcriminalcivilesq.com for a free, confidential consultation.