Frequently AskedQuestions

No attorney can ethically guarantee a specific outcome in a criminal case. However, we can guarantee that we will pursue every available legal avenue, challenge every piece of evidence, and fight relentlessly to achieve the best possible result for you.

New Jersey is an 'implied consent' state. Refusing a breath test at the station can result in charges for Refusal, which carries license suspensions and fines similar to, or sometimes worse than, a DUI conviction.

Conspiracy involves an agreement between two or more people to commit a crime. You can be charged with conspiracy even if the crime was never completed, as long as there was an agreement and an overt act taken to further it.

The arraignment is your first court appearance where you are officially informed of the charges. The judge will decide on bail or release conditions (ROR). It is crucial to have an attorney at this stage to argue for your release.

Yes. We represent individuals and entities in SEC enforcement actions and FINRA investigations, often running parallel to potential criminal investigations.

Federal courts prosecute violations of U.S. statutes (like interstate fraud, drug trafficking, or immigration crimes). Judges are appointed for life, the procedural rules are stricter, and the sentencing guidelines are far more severe than in state court. You need an attorney specifically admitted to federal practice.

Yes. We provide a free, confidential case evaluation. This allows us to review the facts of your situation and advise you on the best course of action without any financial obligation.

In federal investigations, wiretaps are common. However, they require a court order based on probable cause. If you suspect you are being investigated, assume your communications are not secure.

A deposition is sworn testimony taken out of court. A lawyer asks you questions, and everything is recorded by a court reporter. It is a critical part of the discovery process in civil litigation.

It varies widely. Some settle in months; others take years to reach trial. We work efficiently to resolve disputes favorable and quickly, but we are always prepared to go the distance.

A misdemeanor is a less serious crime, generally punishable by up to one year in jail. A felony is a serious crime punishable by more than one year in state or federal prison. Felonies also carry significant long-term collateral consequences.

New York has 'sealing' laws (under CPL 160.59) for certain convictions after 10 years. New Jersey has a more robust 'expungement' process. Eligibility depends heavily on the specific charges and your timeline.

A DAT is an order to appear in criminal court on a specific date for an arraignment. It means you were arrested but released without having to wait in jail for a judge. Do not ignore it—a warrant will be issued for your arrest.

Exercise your right to remain silent. Do not speak to law enforcement without an attorney present. Clearly state, 'I am invoking my right to remain silent and I want to speak to a lawyer.' Do not consent to any searches. Contact us immediately.

DWI (Driving While Intoxicated) usually requires a BAC of .08% or higher and is a misdemeanor. DWAI (Driving While Ability Impaired) is a traffic infraction (not a crime) for BAC between .05% and .07%, though penalties still include fines and license suspension.

Certain charges, particularly federal drug trafficking and crimes involving firearms (like 924(c)), carry mandatory minimums (e.g., 5, 10, or 20 years) that a judge cannot go below unless specific narrow exceptions apply.

A proffer agreement allows you to provide information to the government with some assurance that your words won't be used against you in court, usually as part of plea negotiations. This is a high-risk strategy that should never be attempted without a criminal defense attorney.

Yes. Because the burden of proof is lower in civil court, you can be found liable for damages (money) even if you were found not guilty of the crime (e.g., the O.J. Simpson case).

In the federal system, pretrial release is governed by the Bail Reform Act, and there is no cash bail bondsman system. Instead, a person is either released on conditions—often secured by property or co-signers—or detained pending trial if the court finds they pose a flight risk or a danger to the community. Even if bail is initially denied, an experienced criminal defense attorney may still be able to secure release by presenting a comprehensive bail package and making a strong argument in court. Contact us today for a free, confidential consultation.

Federal Sentencing Guidelines are a complex set of rules used to determine a recommended prison sentence relying on both the “offense level” and the “criminal history category.” Although these guidelines are now advisory rather than mandatory, judges continue to give them significant weight. A skilled criminal defense attorney can assess the specifics of your case and estimate the applicable guideline range. Some charges also involve mandatory minimum sentences. It’s important to contact a federal criminal defense attorney as early as possible.

Courts almost always issue a temporary Order of Protection (restraining order) at the arraignment. A 'full stay-away' order means you cannot contact the protected party at all, even if you live together. Violating this is a separate crime.

PTI is a diversion program for first-time offenders. If accepted, you complete supervision and conditions (like community service). Upon successful completion, the charges are dismissed with no conviction.

A target letter notifies you that you are the target of a federal grand jury investigation and likely to be indicted. If you receive one, do not speak to agents. Contact a federal defense attorney immediately to intervene before an indictment is returned.

Depending on the case, you may recover compensatory damages (for actual loss), pain and suffering, and in some egregious cases, punitive damages designed to punish the wrongdoer.

You should never accept a plea deal without first consulting a lawyer. While a plea agreement can sometimes reduce potential penalties, it also requires you to give up important rights and will sometimes result in a conviction and a criminal record. An experienced criminal defense attorney can evaluate the offer, explain the consequences, and help you weigh your options—but the final decision is always yours.

Grand Larceny (theft over $1,000) is a felony. The degree depends on the value stolen. Grand Larceny in the First Degree (over $1M) is a Class B felony carrying up to 25 years in prison.

In many cases, yes. However, for certain minor offenses or procedural hearings, your attorney may be able to appear on your behalf (via an 'appearance waiver') so you do not have to miss work or school. We will advise you on when your presence is mandatory.

Fees vary depending on the complexity of the case, the charges, and the jurisdiction. We offer a transparent fee structure and will discuss all costs during your free initial consultation. We do not believe in hidden fees.

Yes, we understand that legal defense is an unexpected expense. We offer flexible payment plans for many cases and accept major credit cards.

In civil cases, the standard is usually a 'preponderance of the evidence' (more likely than not), which is lower than the criminal standard of 'beyond a reasonable doubt.'