Yes. A summons is still a criminal charge. The only difference is that a determination was made that you were not a flight risk and not a danger to the community and could be released on a promise you will appear in court. The consequences for a summons are just as serious as those charges placed on a warrant complaint.
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The Law Offices of Joel Silberman, LLC
FAQ
Answers to the questions clients ask most often — criminal defense, DUI and DWI, domestic violence, gun charges, civil rights, and working with the firm.
5 questions
Criminal Defense
Do I need a lawyer if I received a summons (not an arrest)?
What’s the difference between a public defender and a private criminal defense lawyer?
A public defender is a government-provided attorney for eligible indigent defendants; private counsel is retained directly by the client. New Jersey’s Office of the Public Defender provides representation in many criminal matters for those who qualify.
Can I avoid a conviction?
Joel Silberman’s goal is do all he can to help you avoid a conviction.
Will I go to jail?
Your freedom means everything to Joel Silberman. Unfortunately, the loss of freedom is sometimes a consequence of the legal system but Joel Silberman has successfully helped hundreds of people avoid jail and prison sentences through creative and dedicated legal work and advocacy based on his decades of experience.
What should I bring to the consultation?
Bring all the paperwork you have regarding your case.
13 questions
Domestic Violence
Are children affected by domestic violence?
Yes, domestic violence can affect a child’s well-being and developmental growth. They witness actual incidents of domestic violence and are aware of the tension in the home. Children’s emotional response to domestic violence can include fear, guilt, shame, sleep disturbances, sadness, depression, and anger.
Are men victims of domestic violence?
Yes, men can also be victims of domestic violence. Unlike women, majority of the male domestic violence victims don’t report the incidents openly to authorities.
Do I need to hire an attorney if I have been charged with domestic violence?
If you have been charged with domestic violence, it is in your best interest to hire a qualified domestic violence attorney. Hire an attorney who has experience in handling domestic violence cases and who is familiar with your local judicial system. A knowledgeable domestic violence attorney can help you understand the broad impact such charges can have on your life.
Does child abuse fall under domestic violence?
Yes, child abuse falls under domestic violence because it exposes a child to many physical and emotional damaging effects. Children exposed to domestic violence are more likely to suffer abuse or neglect.
How can a domestic violence attorney help me?
A domestic violence attorney can help you in the following ways:
Making stratetic decisions – He can make strategic decisions, such as deciding what evidence to present in court, or who should testify on your behalf.
Get a restraining order in place – He can help you obtain a restraining order that can prohibit the abuser from making contact with you or possessing firearms.
File a domestic violence lawsuit – It will allow the victim to recover any medical expenses,or losses due to pain and suffering caused by domestic violence.
File for divorce – If the accused is a spouse, a domestic violence attorney can assist you in the divorce process, including your right to spousal support and receiving your share of marital property.
Help you get custody of your kids – He can help you get custody of your child as well as child support from the other parent.
Represent you in the court – He can act as your advocate in the court, obtain and complete the required documents, and deal with the opposing side throughout the legal process.
How long does a restraining order last?
The length of time that a restraining order lasts, will depend on its specific type:
- Temporary restraining order— It lasts only for 20 days, or until a permanent restraining order hearing is held, whichever occurs first.
- Permanent restraining order— It lasts no more than 1 year after the order is issued.
- Restraining order on the condition of bail— This order will remain in effect until the final deposition of the criminal charge.
- Restraining order on the condition of probation— This order will remain in effect during the term of probation, usually 1 year.
How long does it take for the judge to issue restraining order?
A judge can issue a restraining order immediately without a hearing, depending on the seriousness of the allegations. When a restraining order is first issued, it is usually temporary. A hearing date will be set by the court for both parties to appear within 20 days. At the court hearing, testimonies from both the parties will be heard. This will determine whether the temporary restraining order should be made permanent or not. If the victim provides evidence of abuse, the court will issue a permanent restraining order. This order will refrain the abuser from having any physical contact with the victim, either directly or indirectly.
Is domestic violence a crime?
Domestic violence can take on many forms. These may include crimes such as harassment, assault, criminal damage, attempted murder, rape and false imprisonment. Being assaulted, sexually abused, or harassed by a partner or family member is just as much a crime as violence inflicted by a stranger and often more dangerous. Abusers and offenders are prosecuted under criminal law.
In most domestic violence cases, the victim usually calls the police, presses charges, then reconciles with the abuser. From there they seek to have the charges dropped. It is often observed that the entire pattern gets repeated. In the event that such events do not get repeated, city and district attorneys in some local communities and states consider domestic violence as a crime. In some localities, a criminal case may be brought against the person causing the harm without a complaint being made by the victim.
What are the common signs of domestic violence?
Some common signs of domestic violence include:
- Dominance and control
- Humiliation
- Isolation from friends and family
- Threats
- Intimidation
- Denial
- Blame
- Physical abuse
- Sexual assault
What are the different types of domestic violence?
Different types of domestic violence include:
Physical Abuse: Grabbing, pinching, shoving, slapping, biting, kicking, punching, hitting, etc. These are types of physical abuse. Physical abuse may also include withholding access to resources necessary to maintain health such as medical care.
Sexual Abuse: It is coercing or attempting to coerce sexual contact or behaviour without consent. It includes marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.
Emotional Abuse: Emotional abuse is undermining the victim’s sense of self-worth and/or self-esteem. It includes constant criticism, belittling victim’s abilities and competency, name-calling, insults, put-downs, etc.
Psychological Abuse: Psychological abuse is instilling or attempting to instill fear in the victim. It includes intimidation, threatening physical harm to self, victim and/or others, threatening to harm and/or kidnap children, harassment, etc. Isolating or attempting to isolate the victim from friends, family, school and/or work is also considered psychological abuse.
Emotional Abuse: Emotional abuse is making or attempting to make the victim financially dependent. It includes maintaining total control over financial resources including the victim’s earned income or resources, withholding the victim’s access to money, or forbidding the victim’s attendance at school or employment.
What are the potential defenses to domestic violence?
The potential defenses to domestic violence may include the following:
Wrong suspect: Defend yourself by establishing that someone else was responsible for the abuse and not you. You need to present evidence as to whether you were near the scene of the alleged incident and whether you had a reliable alibi.
Self-defense: Make a claim that your action was in self-defense or to protect your children. A claim of self defense may work if you reasonably perceived an imminent threat, had a proportional response, and were not the initial aggressor.
Deliberate false allegations: To turn away a conviction stemming from false allegations, your defense attorney will try to search for inconsistencies in the accuser’s story by comparing it to police records and witness accounts.
Lack of proof: Lack of proof is another potential defense. It is the strongest defense in a domestic violence case. You cannot be convicted until and unless the prosecutor meets the requisite burden of proof.
Consent: Although very uncommon, if the accuser gave consent to the act, then that same consent may work as a defense against a domestic violence charge.
What is a restraining order?
A restraining order, also known as a “protective order” is an order of the court to further protect a victim from being physically or sexually abused, threatened, stalked, or harassed. It is also an order to keep the abuser away from the scene of violence, such as home or place of work. The person obtaining the restraining order is called the “protected person” and the person whom the restraining order is against is called the “restrained person.”
What is domestic violence?
Domestic violence is a pattern of violent and abusive behavior exercised by one adult over another, many times in an intimate relationship. Abuse can take many forms, such as physical, psychological, economic, sexual and emotional. Abuse can even be present in a combination of several of these. This can include forms of violent and controlling behaviour such as: physical assault, sexual abuse, rape, threats and intimidation, harassment, humiliating and controlling behaviour, withholding of finances, economic manipulation, deprivation, isolation, belittling and constant unreasonable criticism. Domestic violence affects people from all socioeconomic backgrounds and can occur in couples who are married, living together, or dating.
12 questions
DUI / DWI
Can I “plea bargain” a New Jersey DWI charge?
The New Jersey Supreme Court has instructed Municipal Courts that No plea agreements are allowed in New Jersey DWI cases. In some cases, a prosecutor may however, dismiss a DWI charge where the state is convinced they will not be able to prove the charge beyond a reasonable doubt.
What are the civil penalties for an Aggravated DWI?
An Aggravated DWI carries civil penalties which may include a $250 per year DMV assessment for three years and a $395 court surcharge.
The offender will be required to install an Ignition Interlock Device (IID) in the car that he or she owns or operates during probation or the conditional discharge period. An IID is a mechanism to prevent drinking and driving. Before the car starts, this device requires the driver to breathe into it so that it can analyze his or her blood alcohol level. If the level is high, the car will not start. Once the device is installed, it cannot be removed for at least 6 months. All charges for installation and maintenance are the offender’s responsibility.
Do I have the right to talk to an attorney before taking a breathalyzer, blood test, or urine test?
The law on this varies from state to state. As a general rule, there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some states, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing.
Do I have to take a breathalyzer, blood test, or urine test if I am stopped for DUI or DWI?
You may refuse to take a breathalyzer, blood test, or urine test during a DUI or DWI stop, but almost every state has a so-called “implied consent” law that says a refusal can result in suspension of your driver’s license from anywhere between three to 12 months.
How to Choose the Right DWI Defense Attorney
Here are a few tips to help you choose the right DWI attorney:
Experience: Choose an attorney who has extensive experience in DWI cases. A lawyer with many years of legal experience and a history of handling DWI cases successfully would be a good choice.
Reputation: Choose someone who is respected by other lawyers and receives consistent referrals from their clients.
Qualification: Choose an attorney who is highly qualified and has advanced training in DWI law.
Communication: Choose a lawyer who is friendly and easy to communicate with. A good lawyer will take the time to explain things in a manner that is easily understood.
Fees: Choose an attorney who meets all your requirements and is within your budget.
What are the penalties for a DUI charge?
The penalties for a DUI charge include the following:
Jail Time
- First-offense DUI is punishable by up to six months in jail.
- In most states, a minimum jail sentence of at least several days on a first offense is required. Subsequent offenses will result in a jail sentence of several months to a year.
- If the driver killed or injured someone, or because it’s your third or fourth DUI, a jail sentence of several years can be given
Fines
- Courts also impose high fines for DUI in addition to a jail sentence. This can range from $500 to $2,000.
License Suspension
- A first time offender’s license can be suspended for 90 days.
- A second time offender’s license for one year
- A third time offender’s license can be suspended for three years
- If you refuse to take a blood, breath, or urine test, it can result in license suspension
Young Offenders
- Adult sentences on minors can be imposed, and their license suspended for one year.
Other Forms of Punishment
- Alcohol education and prevention programs, rehabilitation for alcohol abuse, assessment of a person for alcohol or drug dependency, and community service or victim restitution.
Other Consequences
What Can a DUI Defense Attorney Do for Me?
Here are the things a DUI defense attorney can do:
Keep track of legal deadlines: A DUI attorney can keep a track of the deadlines and fill out the necessary paperwork and documents within the protocols and procedures set by the court.
Negotiate with the prosecutor: Your attorney may work with the prosecutor to negotiate a plea bargain. A plea bargain can have your case dismissed entirely or the charges reduced.
Find loopholes and errors: An attorney with experience in DUI cases can spot inconsistencies or procedural loopholes in your case and work toward having the case dismissed.
Expunge your conviction: If you are convicted, your attorney can help you get the conviction expunged so that it does not affect your credit or future employment. It is important to note that expungement procedures may differ per state and local jurisdictions. Only an experienced attorney will know how to navigate the system.
Get a fair judgement: Once convicted, you are likely to face serious punishment. If you have a DUI defense attorney representing you, he or she can negotiate a fairer judgment from the court, such as community service.
What do police officers look for when searching for drunk drivers on the highways?
The following list is based upon research conducted by the National Highway Traffic Administration, which are symptoms that the police search for when hunting for DWI drivers:
- Turning With a Wide Radius
- Almost Striking Object or Vehicle
- Weaving
- Driving on Other Than Designated Highway
- Swerving
- Stopping Without Cause in Traffic Lane
- Following Too Closely
- Drifting
- Braking Erratically
- Signaling Inconsistent with Driving Actions
- Slow Response to Traffic Signals
- Turning Abruptly or Illegally
- Accelerating or Decelerating Rapidly
- Headlights Off
What happens if I refused to take a breath test?
In New Jersey, refusing to submit to chemical breath testing is a separate offense under N.J.S.A. 39:4-50.4a. A conviction for refusal carries with it similar penalties to a conviction for DWI, and the severity of those penalties depends on whether it is a first, second, or third or subsequent offense. In all cases, a conviction for refusal carries with it a mandatory license suspension.
What if I am licensed in another state and am found guilty of DWI in New Jersey?
New Jersey courts only have jurisdiction (i.e. the authority) over your driving privileges in New Jersey. A New Jersey DWI conviction will usually be shared with the state where you are licensed. Thereafter, that state generally can take action against your driving privileges there – independent of what happens in New Jersey. This is known as the law of “reciprocity.”
What is “blood alcohol content” (BAC) or level?
Blood alcohol content (BAC) is a metric of alcohol in your blood stream at the time you are stopped for a DUI. All states have a minimum BAC of .08% for adults, so if you’re BAC is at or above that level, you’ll be charged with DUI. Also, most states have “zero-tolerance” DUI laws for drivers under 21 years old. In these states, the BAC for drivers under 21 could be as low as .01%.
What is the difference between “DWI” and “DUI”?
DUI stands for Driving Under the Influence and refers to drunk driving offenses, while DWI stands for Driving While Intoxicated or Driving While Impaired. In some states, the two terms are both used to describe impaired or drunken driving. However, in states where both terms are used, DWI usually refers to driving while intoxicated of alcohol, while DUI is used when the driver is charged with being under the influence of alcohol or drugs. New Jersey law makes no distinction between a DWI and a DUI.
1 question
Guns & Weapons
What are the gun laws in New Jersey?
New Jersey allows a court to issue a permit only if it is satisfied that the applicant has a justifiable need to carry a handgun. New Jersey is among the “may issue” states that require applicants to complete a firearm safety course, or otherwise demonstrate their qualification to use a firearm safely. New Jersey also requires that three “reputable persons” who have known the applicant for at least three years certify that the applicant is of “good moral character and behavior.”
8 questions
Working With Us
Do you accept credit and debit cards?
Yes, we accept credit cards and debits cards including: Visa card, Master card, American Express and Discover.
Do you offer 24/7 services?
Yes. Law enforcement never rests and neither do we. Immediately after retaining us, you will receive a dedicated line to contact us on at any time.
Do you offer free consultation?
Yes. Our firm offers free initial consultation. To schedule your free consultation with one of our criminal defense lawyers, contact us today.
How much communication should I expect about my case?
You can expect complete communication about your case. Our legal team will always keep you informed regarding the status of your case.
What are your office hours?
We provide 24/7 representation in and out of the courtroom.
What locations do you serve?
We serve the Jersey city area, Newark and New York.
What type of criminal defense cases does your firm handle?
Our firm handles variety of criminal defense cases including:
- Domestic violence
- DWI/ DUI
- Expungements
- Juvenile Crimes
- Racketeering /RICO
- Traffic offenses
- Sex crimes
- Theft & robbery
- Narcotic offenses
- Weapons offenses
- Murder/ manslaughter
Will I be able to speak to you directly about concerns?
Yes, you can speak to us directly. Immediately after retaining The Law Offices of Joel Silberman, LLC, you will receive a 24/7 dedicated line to contact us.
1 question
Civil Rights
What are the essential elements of malicious prosecution?
A successful malicious prosecution claim requires the following:
- Beginning and continuing a criminal or civil legal proceeding
- Believing in the allegations of the proceeding without any reasonable grounds
- Getting to a judgment in the proceeding without a purpose
- Termination of the proceeding in favor of the person being prosecuted or sued