Criminal Defense

Our Criminal Defense Practice Areas
When it comes to criminal defense in New Jersey, Daniel M. Rosenberg & Associates provides elite representation and counsel.

Our commitment to N.J. criminal law is no secret, and we’re repeatedly recognized for it. In 2017 alone, our team earned two coveted spots amongst SJ Magazine’s Top Attorneys 2017, were honored by Super Lawyers Magazine as “Rising Stars,” and two of our attorneys became certified by the New Jersey Supreme Court as criminal trial attorneys — a distinction only 300 out of 40,000 lawyers statewide have earned.

Our competitive advantage comes from hands-on experience working for the other side. As former county prosecutors, we strategically consider the prosecutor’s perspective when preparing your case to develop the most comprehensive defense possible. Our expertise in New Jersey criminal law is expansive and includes:

Juvenile Crime

A teenage boy in handcuffs.In New Jersey, people younger than 18 years old who commit crimes are considered juveniles and are tried in the family part of superior court. Although the law is designed to protect children rather than punish them, it’s not uncommon for prosecutors to argue children should be tried as adults — especially if they are repeat offenders. When that happens, children are “waived” to adult court and face the same punishments as an adult would. Having a criminal record can be detrimental for your child and could prevent them from going to college or getting a job. As your criminal lawyer, it’s our job to protect your son or daughter and ensure they are treated fairly and in a way that will help them become productive, law-abiding adults.

Sex Crimes

Crimes of a sexual nature are taken very seriously in New Jersey, especially when involving children, family members and domestic partners. In N.J., sex crimes include sexual harassment, criminal sexual contact and sexual assault. Sex crime charges vary from petty disorderly persons to first degree. Without a proper defense, a person accused of any of these crimes could spend 30 days – 20 years in jail and be required to register on the sex offender list under Megan’s law. Some convictions are also subject to the No Early Release Act (NERA), meaning that if convicted a defendant must serve 85 percent of their sentence before they become eligible for parole.

Drug Crimes

A policeman with a drug-sniffing dog.As the “war” on drugs continues to rage nationwide and the opioid epidemic grows, New Jersey maintains its stance against the possession, use and distribution of illegal drugs including narcotics/opioids, methamphetamine, cocaine and more. While medical marijuana is legal, New Jersey residents are still using pot illegally, sometimes being arrested despite the privacy that should be afforded by the Plain Smell Doctrine. Conviction for drug crimes can result in jail time and participation in drug treatment programs.

Stalking

Stalking involves engaging in multiple behaviors involving another person that cause them to fear for their safety. Stalking charges involve jail time and fines, but also a powerful stigma of what it means to be a “stalker.” It’s crucial to obtain qualified legal help in a stalking case because many nuanced factors such as your relationship with the plaintiff could help an attorney reduce charges to harassment.

Arson

Firetrucks heading to an emergency.In New Jersey, arson is defined as recklessly or intentionally causing a fire or explosion of land, a structure or a vehicle. The law allows for harsher punishment if the target is a religious building. In many cases, arson charges accompany insurance fraud charges. Charges can vary from fourth to first degree, with punishment including jail time and thousands of dollars in fines. Some convictions are also subject to the No Early Release Act (NERA), meaning that if convicted a defendant must serve 85 percent of their sentence before they become eligible for parole. Also, arson charges cannot be expunged from a criminal record, meaning a wrongful conviction could prevent you from getting employment, loans or military work for the rest of your life.

Bail

The New Jersey bail system — which allows for those charged with a crime to be released from jail between their arrest and trial date — has undergone massive changes since early 2017. Traditional bail involves paying thousands to the state; under bail reform, however, the conditions of your release are no longer dependent on your bank account. Under the new law, a judge will evaluate your case and extend bail options based on the likelihood that you’ll miss your court date, commit another crime and commit another violent crime. Having a top criminal lawyer in N.J. on your side is critical to ensuring you are given the opportunity to make bail and resume your job or caring for your family while awaiting trial.

Expungement

Historic Burlington County CourthouseEvery New Jersey resident has the opportunity to remove or expunge a criminal charge from their record. For many, expungement is an opportunity to remove barriers to employment, education, military service or bank loans. Expungement is not automatic in N.J., however, and you must petition the court for it to expunge your record. While this is something you can do on your own, the process can involve court appearances and other nuances that are best handled by an experienced criminal lawyer.

Pre-Trial Intervention

The state of New Jersey’s goal is to prevent crime rather than exclusively punish wrongdoers. If you’re charged in New Jersey, you may have a unique opportunity to engage in a pre-trial intervention (PTI) program. The program can be from six months to three years and can involve community service, drug tests, psychological evaluation and fees. If you complete the program successfully, your original charges will be dismissed and your criminal record can be expunged. You must apply to enter the pre-trial intervention program and not all cases are accepted. Often, you need legal and factual arguments to persuade the Criminal Division to accept individuals into the program. If your application for PTI is denied, you may appeal your denial. It is often in your best interest to retain an attorney to help with the application and avoid any unexpected obstacles.

Theft Crimes

A man hiding a pair of headphones in his jacket.Stealing in the New Jersey can lead to a number of theft charges depending on the circumstances of what you are accused of stealing. These crimes vary from common theft like shoplifting or computer theft to extortion for property in excess of $75,000. The state of New Jersey considered bad checks, forgery, credit card fraud and insurance fraud all theft crimes. If you are convicted of a theft crime, you could face fines, a negative impact on your credit score, jail time and other penalties.

Weapons Charges

While the Constitution protects your right to bear arms, there are nuanced restrictions of this right in New Jersey. You may be facing a weapons charge if you own, were using or were driving with any number of firearms, including a handgun, airsoft gun, paintball gun or BB gun without a permit. Even if you have a permit to carry in another state, your permit will not prevent you from being charged in New Jersey if you are not permitted to possess a firearm by New Jersey law. Weapons charges also include possession of illegal weapons like silencers, handcuffs, gravity knives, brass knuckles, explosives and slingshots. These felony criminal charges carry steep penalties including thousands of dollars in fines and many years in prison.

Violent Crimes

Closeup view of marble columns.Violent crimes are some of the most serious charges in the New Jersey legal system. These crimes involve threatening or causing bodily harm to another person. This can involve a total stranger — such as in a car accident — or a loved one — such as in domestic violence cases. Regardless of the crime, violence crimes carry the highest levels of penalties, including life in prison.

Sentencing & Appeals

A significant part of your criminal defense strategy relates to sentencing for your case and possibly fighting the outcome via appeal. A talented and diligent criminal lawyer will negotiate on your behalf during the trial to reduce sentencing as much as possible. If you are convicted, you also have the right to an appeal, meaning a new judge will consider changing the outcome of your case. In both cases, you need a strong criminal defense attorney in the courtroom who is experienced in negotiation and will advocate on your behalf.

Client Review

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Peace of mind

Mr. Rosenberg provided consistent and well informed information for our situation. He always explained the worst case scenario but was always optimistic that he could work out the best case scenario which he did for us. He and his staff always kept us will informed and we never felt like we didn't know what was going on or unsupported. I hope I don't need him again but I know who I am calling and who I will recommend if the situation arises
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Other Criminal Defense Cases

If your criminal case doesn’t fit into one of these categories, don’t worry, we can help. Daniel M. Rosenberg & Associates is experienced in all types of New Jersey criminal law and we are ready to fight for you. Our team is dedicated to protecting your rights with compassion. Call us at (609) 216-7400 to schedule a free consultation. We’ll gladly discuss the details of your case confidentially in our Mount Holly or Vorhees locations or over the phone.