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You’ve Been Charged With a Federal Crime in New Jersey. What Happens Next?

Posted by Leslie Posnock on February 22, 2016  |   No Comments »

Being charged with a federal criminal offense in New Jersey is traumatic. Individuals charged with a crime have many questions regarding what they face in the immediate future. Most people have no experience or knowledge of how the federal criminal system works, particularly at the beginning of the case. Our clients often ask the following questions: Will I be arrested? If so, where will I he taken? Will I be fingerprinted and photographed? Will I be held in jail? Does the federal bail system work the same as the bail system in State Court? When will I go to court for my first appearance? What happens in federal court on your first appearance on a criminal charge? We never let our clients navigate the federal criminal case processing system alone. Initially, we will contact the government prosecutor (the Assistant United States Attorney) to discuss your case. We will negotiate what is called “a surrender date” and we will accompany you to the FBI office and or the U.S. Marshall’s office in the federal courthouse in either Newark, Trenton or Camden, for processing. We will provide U.S. Pretrial Services with all of the information available to us to ensure that you are released on your own recognizance or under the least restrictive conditions. If the government seeks your pretrial detention, we will demand a detention hearing to secure your release. For more detailed information on the initial stages of federal criminal case processing, and what you can expect, click below to see our articles entitled:

We know that obtaining the least restrictive release conditions are of paramount importance to you, especially in the early stages of the case, when your world has been turned upside down. Our dedicated and experienced federal criminal defense attorneys stand with you every step of the way to bring order, peace of mind, and a light at the end of the tunnel when you are charged with a N.J. federal criminal offense. For individuals who are facing NJ federal criminal prosecution or sentencing in the United States District Court for the District of New Jersey, or state criminal prosecution or sentencing in the criminal courts of New Jersey, or who are appealing their criminal matters before the United States Court of Appeals for the Third Circuit, the New Jersey Appellate Division, or the Supreme Court of New Jersey, it is critical to have an experienced federal and state New Jersey criminal defense attorney represent you. The experienced criminal defense lawyers of Schwartz & Posnock appear in all Federal Courts of New Jersey, as well as the State and Municipal criminal courts in New Jersey, and have convenient locations in Monmouth County (Eatontown), Essex County (Livingston), Union County (Linden), and Middlesex County (East Brunswick). Call us at 732-544-1460 or email us at info@schwartzposnock.com to schedule an appointment. We look forward to obtaining a positive outcome of your case. IMG_0555

nj federal criminal atatorney

New Jersey Criminal Lawyer

DAVID A. SCHWARTZ, is a criminal lawyer in New Jersey, practicing with the law firm of Schwartz & Posnock. With 30 years combined experience, David shares the firm’s

Immigration Consequences of NJ Criminal Convictions

Posted by Leslie Posnock on January 21, 2016  |   No Comments »

If you are an immigrant, even one with legal status, a New Jersey criminal conviction can end your dream of US citizenship, and may even lead to your deportation, inadmissibility, or visa problems.  The United States Government has recently stepped up immigration enforcement, and many people who entered guilty pleas to criminal charges in the past are finding themselves in federal custody.

Some of the types of convictions that can lead to immigration consequences include crimes of moral turpitude, aggravated felonies, firearm offenses, domestic violence and child abuse, violation of a protective order, falsifying government documents, and drug possession.  Whenever a conviction occurs the visa holder should be aware that immigration status may be affected as well and should seek out guidance on this issue from an attorney.

If you face deportation or other immigration consequences based on an old conviction, there may be a basis to reopen and renegotiate your case. A United States Supreme Court decision , Padilla v. Kentucky, held that a criminal defense attorney has the affirmative duty to inform his or her client of the immigration consequences of a guilty plea prior to entry of that plea. Failure to have done so can lead to your criminal conviction being vacated.

Two New Jersey criminal cases discuss whether Padilla applies to guilty plea cases resulting in deportations which occurred prior to the Supreme Court’s 2012 decision. The New Jersey Supreme Court decided in State of New Jersey v. Gaitan that post-conviction relief petitioners who entered guilty pleas prior to Padilla cannot establish an ineffective assistance of counsel claim just by alleging that they were not advised regarding the risk of deportation. Instead, a petitioner must satisfy prior New Jersey law showing that his New Jersey criminal lawyer provided affirmative misadvice regarding the immigration consequences of a guilty plea.

In State of New Jersey v. Santos, decided on May 8, 2012, the New Jersey Supreme Court reiterated that the Padilla decision, at least for the time being, is not retroactive in the state courts of New Jersey.

New Jersey criminal lawyers should be aware of the requirements of advising a client of the immigration consequences of a guilty plea. New Jersey criminal lawyers should also be aware that their client’s guilty pleas can be vacated pursuant to the United States Supreme Court decision in Padilla.

The experienced attorneys of Schwartz & Posnock have represented the immigrant community in NJ Municipal Court, Superior Court, and Federal Court criminal cases throughout the State of New Jersey for over thirty years. We have a proven track record of excellent results for our clients. Please contact us in any one of our convenient locations, including our Monmouth County office, located in Eatontown (at the Jersey Shore), our Essex County office, located in Livingston, our Union County office, located in Linden, or our Middlesex County office, located in East Brunswick, to discuss your case. You may call the experienced criminal defense attorneys of Schwartz & Posnock at 732-544-1460 or email us at info@schwartzposnock.com. Our website may be found at: www.schwartzposnock.com.

 

NJ Civil Rights and NJ Criminal Defense: New Use of Force Investigation Guidelines

Posted by Leslie Posnock on September 16, 2015  |   No Comments »

Recently, the New Jersey Attorney General issued “Supplemental Law Enforcement Directive Regarding Uniform Statewide Procedures and Best Practices for Conducting Police-Use-of-Force Investigations” This is an extensive new guideline that may play an important role in the preparation and planning for the filing of federal civil rights cases based on the use of police force. Our firm uses these Guidelines in support of our clients who have civil rights cases, as well as in the defense of our criminal clients.

One of the most significant changes made in the new Use of Force Investigation Guidelines is the “Comprehensive Conflicts Inquiry to Inform Suppression/Recusal Decisions.” This guideline specifically addresses conflicts of interest between the agency or individual allegedly using force and the agencies or individuals conducting the investigation. The new Guideline provides as follows:

“When the investigation is conducted by the County Prosecutor, the Prosecutor shall as
expeditiously as feasible determine whether any actual or potential conflict of interest exists that might undermine public confidence in the impartiality and independence of the investigation. As part of this comprehensive conflicts inquiry, the Prosecutor shall determine whether any member of the leadership team of the office (EMS, the County Prosecutor, First Assistant Prosecutor, Chief of Detectives, etc.), has had any personal or professional interaction with or relationship to the principals of the investigation that might reasonably create an actual or potential conflict of interest for the member or office. The Prosecutor likewise shall determine whether any person assigned to
participate in or supervise the use-of-force investigation has had any such personal or professional interactions with or relationship to the principals(s) of the investigation. The Prosecutor also shall determine whether the principals of the investigation is/are expected to testify on behalf of the State in pending matters being prosecuted by the Prosecutor’s Office, and whether the principals of the investigation has/have, within the preceding 5 years, been assigned to a task force operating under the direct supervision of the Prosecutor’s Office.”

“The County Prosecutor within 3 days of initiating the investigation shall report the results of the comprehensive conflicts inquiry to the Director. The County Prosecutor shall have an ongoing responsibility to update the comprehensive conflicts inquiry report based on new information or the involvement of additional persons in the investigation. The initial report and any updates to that report shall be made in a manner and on a form as shall be prescribed by the Director. The Director
shall develop and make available forms to facilitate the comprehensive conflicts inquiry reporting process.”

“Based on the information in the comprehensive conflicts inquiry report, and any such
additional information as the Director may require the Prosecutor to provide, the Director shall determine whether the interests of justice would best be served by superseding the investigation, assigning the investigation to another County Prosecutor’s Office, ordering the recusal of any person or persons from the investigation, or taking such other actions as may be needed to ensure the
impartiality and independence of the investigation. When the investigation is conducted by the Division of Criminal Justice, the Deputy Director responsible for overseeing the Attorney General Shooting Response Team, or other Assistant Attorney General designated by the Director, shall undertake the comprehensive conflicts inquiry,
and shall report thereon to the Director. The Director shall determine whether any actions are needed to ensure the impartiality and independence of the investigation.”

For individuals with civil rights claims or who are facing federal criminal prosecution or sentencing in the United States District Court for the District of New Jersey, or state criminal prosecution or sentencing in the criminal courts of New Jersey, it is critical to have an experienced New Jersey civil rights attorney and federal and state New Jersey criminal defense attorney represent you. The experienced civil rights attorneys and criminal defense lawyers of Schwartz & Posnock appear in all Federal Courts of New Jersey, as well as the State and Municipal criminal courts in New Jersey, and have convenient locations in Monmouth County (Eatontown), Essex County (Livingston), Union County (Linden), and Middlesex County (East Brunswick). Call us at 732-544-1460 or email us at info@schwartzposnock.com to schedule an appointment. You may visit our website at www.schwartzposnock.com.

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