Former State Prosecutor · Available 24/7

New Jersey Criminal Defense Lawyer

Criminal defense is the legal protection and representation of people who are charged with or being investigated for crimes by State and Federal authorities.

Call 201-420-1913 Free Consultation

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24/7 Available for urgent matters

What Is Criminal Defense?

Protecting Your Rights, Reputation & Freedom

Criminal defense is the legal protection and representation of people who are charged with or being investigated for crimes by State and Federal authorities. Joel Silberman has been selected to the Super Lawyers list for New Jersey every year from 2023 through 2026 (Thomson Reuters). Joel Silberman’s goal is to protect your constitutional rights, challenge weak or unlawfully obtained evidence, and pursue the best possible outcome for you. Naturally, Joel Silberman’s primary goal is to obtain total vindication for you whether that be by obtaining a dismissal, a ‘not guilty’ verdict after trial, or other positive outcomes.

If you have been charged with a crime, been arrested for a crime, or believe you are under investigation by State or Federal authorities Joel Silberman is always available to speak to about your case. Early decisions—what you say, what you sign, and how quickly evidence is preserved—can strongly affect the outcome.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Super Lawyers selection methodology.

Call 201-420-1913 to request a confidential consultation.

If You Are Under Investigation

What To Do Right Now

Hands across a desk in a meeting with a lawyer, handcuffs and case papers on the table

If you are facing criminal allegations, these steps can help protect you:

Remain Silent – Do not discuss the case with police or investigators without a lawyer present.

Preserve evidence immediately: texts, emails, call logs, photos, videos, receipts, social posts, and witness names.

Timeline – Document a timeline of what happened (times, locations, who was present).

This information does not constitute legal advice and does not create an attorney–client relationship.

How Charges Are Classified

New Jersey’s Criminal Grading Structure

New Jersey criminal law book with gavel and handcuffs

New Jersey’s criminal code (2C) categorizes offenses into two distinct categories:

Indictable offenses are handled in New Jersey’s Superior Courts while Disorderly Persons Offenses are handled in New Jersey’s Municipal Courts. Joel Silberman has vast experience defending all felony offenses including, Murder, Sexual Assault, Child Pornography, Narcotics, Racketeering, Theft, Weapons, Guns, Tax Evasion and Fraud.

Likewise, Joel Silberman has handled nearly every kind of matter that is tried in Municipal Court like Simple Assault, Shoplifting, Theft, Narcotics and Driving While Intoxicated.

There is no case that Joel Silberman has not defended in his career.

Indictable Offenses

Superior Court · Felony charges, graded by degree

Indictable offenses are Felony charges which New Jersey classifies by degree:

First Degree – First Degree Offenses are punishable by 10 years in prison to life.
Second Degree – Second Degree Offenses are punishable by between 5 and 10 years in prison,
Third Degree – Third Degree Offenses are punishable by between 3 and 5 years in prison.
Fourth Degree – Fourth Degree Offenses are punishable by up to 18 months in prison.

Disorderly Persons Offenses

Municipal Court · up to 180 days in county jail

Disorderly Persons Offenses and Petty Disorderly Persons Offenses are crimes that are punishable by up to 180 days in county jail. Other jurisdictions commonly refer to these offenses as misdemeanors.

The Process

What Happens After an Arrest or Summons

Most criminal cases will follow this timeline:

Arrest

An individual is charged with offense and is either released by law enforcement or detained at the county jail pending a first appearance.

First Appearance & Bail

If you are detained at a county jail you will be seen the next business day for a first appearance/arraignment. At your first appearance Joel Silberman will work with the prosecution to try and have you released at that time. If the prosecutor believes that you are a flight risk or danger to the community a detention hearing will be scheduled 72 hours later.

Detention Hearing

The detention hearing is a critical hearing. At the detention hearing the prosecutor will attempt to convince the court that you are a flight risk and/or danger to the community. It is critical that Joel Silberman is present for this proceeding. Once a court makes a determination regarding detention it is very difficult to undo that decision. Joel Silberman has handled hundreds of detention hearings. You should not do a detention hearing without an well prepared and experienced attorney.

Pre-Indictment

Generally, a case will receive a pre-indictment court date where you will have the opportunity to see the evidence in your case and decide the best course of action.

Post-Indictment

If your matter cannot be resolved prior to the Indictment the prosecutor will present your case to a Grand Jury. If the Grand Jury returns an Indictment the matter will be assigned to a trial court. Once your matter is Indicted litigation can occur. Motions can be filed and litigation begins in preparation for trial or favorable resolution.

Sentencing

Handcuffs being unlocked at a police desk

Our Approach

How a Criminal Defense Lawyer Helps

A strong defense is built on the facts and the law—not slogans. Depending on your case, defense work may include:

Constitutional Challenges

Joel Silberman is well versed in 4^th Amendment law related to searches and seizures. Joel Silberman will examine your case in detail to determine if there are any viable motions that might successfully suppress evidence and potentially any incriminating statements that you made.

Challenging the Evidence

Joel Silberman will examine the evidence in your case for deficiencies and issues

Defenses

The has special ways of justifying conduct that may otherwise be deemed criminal. These include things like self-defense. Joel Silberman will ascertain whether your case entitles you to any affirmative defenses.

Negotiation

When appropriate, Joel Silberman will work to negotiate the softest possible landing for your case — one aimed at protecting your freedom and keeping your record clean.

Trial preparation

Ultimately, if all else fails Joel Silberman will try your case to verdict. Joel Silberman has tried Gang Racketeering cases, Murder Cases, Narcotics Cases, Robbery Cases, Gun Cases, Assault Cases and many others.

Avoiding a Conviction

Pretrial Intervention & Conditional Dismissal

In many cases Joel Silberman will work to have your case diverted. Diversion is a method in first time offenders’ cases are placed in a program in which the individual can earn a dismissal by not getting rearrested and abiding by any other conditions. New Jersey has two distinct paths to diversion.

Pretrial Intervention (PTI) – Superior Court (indictable matters)

PTI is a diversion program that can provide an alternative to traditional prosecution for eligible defendants, often focused on early rehabilitative services and supervision.

Conditional Dismissal – municipal court (certain eligible offenses)

Conditional dismissal is established under statutes beginning at N.J.S.A. 2C:43-13.1 and may be available for eligible first-time offenders in municipal court, depending on the charge and any prior history.

A key with a paper tag reading “Freedom”

Charges We Defend

Criminal & Municipal Charges

We defend clients facing a wide range of New Jersey criminal and municipal charges, including:

Assault

Drug Crimes

DUI / DWI / Refusal

Sex Crimes

Weapons Offenses

Domestic Violence

Theft & Fraud

Murder / Manslaughter

Juvenile Defense

Traffic Violations

Expungements

Racketeering / RICO

If your case involves federal charges, visit our Federal Defense page or call for guidance on next steps.

Where Your Case Is Heard

Municipal vs. Superior vs. Federal Court

Your defense strategy depends partly on where the case is being handled:

If you’re unsure which court your case is in call Joel Silberman and he will explain it to you quickly and it in simple terms.

Statue of Lady Justice with scales beside law books and a gavel

Municipal Court

Generally handles disorderly/petty disorderly offenses and traffic matters.

Superior Court

Handles indictable offenses.

Federal Court

Handles criminal charges brought under the United States Code for Federal Crimes.

Beyond the Courtroom

Collateral Consequences of a Conviction

Even when a case seems “minor,” criminal charges can affect:

The right approach isn’t only about the next court date—it’s about protecting your future.

Employment background checks

Professional licensing and certifications

Education and housing opportunities

Firearms rights

Immigration status (for non-citizens)

Family and custody matters

Our Firm

About Our Jersey City Criminal Defense Office

Handshake across a desk beside the scales of justice and a gavel

The Law Offices of Joel Silberman, LLC is headquartered in Jersey City and focuses on criminal defense across New Jersey, including Hudson County Criminal Defense, Essex County Criminal Defense, Bergen County Criminal Defense, Monmouth County Criminal Defense, Union County Criminal Defense, Somerset County Criminal Defense, Passaic County Criminal Defense, Ocean County Criminal Defense, and the District of New Jersey Federal Criminal Defense.

Call 201-420-1913 to request a confidential consultation.

In Their Words

What Clients Say

I cannot recommend Joel Silberman, Criminal Defense Lawyer, highly enough! As someone dealing with extreme anxiety and facing the court system for the first time, I was incredibly overwhelmed. From our first meeting, Joel’s empathetic and understanding nature made me feel like I was talking to a friend rather than just a lawyer. He managed to bring my anxiety down to zero and, most importantly, he got my misdemeanor case dismissed with a clean record. If you want a lawyer who truly cares and delivers results, there is simply no one else like him. I will forever only trust him and will recommend him to my family and friends! You can tell he breathes, eats, and sleeps thinking about law! He is extremely passionate about defending others.” – Solangy Perez

Joel constantly comes through. He has helped me and I have sent my family and friends to him. He does whatever he can to try and win and makes you feel safe and comfortable. He is like having a guard dog by your side going into battle!.” – Jason

In my opinion, Joel is an exceptional attorney. I have no hesitation in recommending your professional legal services and I commend you on how friendly, accessible and efficient you are.” – Rogers

I had a wonderful experience with Joel. He was the best attorney and friend I could have ever come into contact with. Joel saved my life and my family from total and utter destruction. Thank you so much for the time and effort you put into my son’s case.” – Stephen

Joel is an outstanding defense lawyer! Very proactive, reliable, quick and he defends his client vigorously. Not only had he saved me, but also my time and money from the endless court fees, fines and other expenses as well.”- Christopher

Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”

Speak With Joel Silberman

Contact a New Jersey Criminal Defense Lawyer

If you or a loved one has been arrested, charged, or is under investigation in New Jersey, contact Joel Silberman without hesitation for a free of charge consultation.

Call 201-420-1913 Free Consultation