New Jersey Criminal Defense Blog

A 46-year-old man from Suffern spent four years behind bars after being convicted on domestic violence charges before being released from jail. According to a news report from Lohud.com, the former Ramapo police officer was acquitted of abusing, stalking, and threatening to kill his wife. A 2009 conviction was thrown out after the panel found that the trial judge wrongfully allowed the jury to hear prior incidents in which the man was involved. The second trial also uncovered that the allegations of NJ spousal abuse did not surface until he filed for divorce on the grounds of adultery.

It is crucial in cases involving domestic abuse to have a skilled defense attorney who will fight any and all false allegations. Divorce, separations, and disputes often involve raised tempers, escalating emotions, and accusations. False allegations of abuse are particularly common in heated child custody battles. It is important that these types of arguments and accusations do not result in wrongful criminal charges.

Charges such as stalking and abuse can result in restraining orders, loss of child custody, heavy fines, and incarceration. Multiple charges can be added together resulting in harsh penalties that can have life-changing consequences. Anyone wrongfully accused of committing an act of domestic violence would be well advised to reach out to a skilled criminal defense attorney who will protect their legal rights and aggressively fight the charges.

A Princeton domestic violence defense lawyer at Lependorf & Silverstein knows how to fight wrongful allegations of domestic abuse. If you are facing domestic violence charges in New Jersey, please contact us at (609) 240-0040 for a no-cost consultation.

Domestic violence involves the occurrence of a crime committed by a spouse, parent, boyfriend, girlfriend, domestic partner, former spouse, or household member. Crimes that may fall under the umbrella of domestic violence include:

• Sexual assault;
• Lewdness;
• Criminal mischief;
• Harassment;
• Stalking;
• Homicide;
• Assault;
• Kidnapping;
• Terrorist threats; and
• Criminal restraint.

Many New Jersey domestic violence arrests arise from instances of assault. N.J.S.A. § 2C:12-1 states, "A person is guilty of assault if he (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) Negligently causes bodily injury to another with a deadly weapon; or (3) Attempts by physical menace to put another in fear of imminent serious bodily injury." A person only has to threaten violence in order to be charged with assault. When the alleged victim lives with the suspect (spouse or cohabitant), it will be handled as a domestic violence incident.

Under N.J.S.A. 2C:25-21a, a police officer must arrest and take into custody a suspect if the victim exhibits signs of injury. This means that any time there is a complaint of domestic violence and evidence of an injury, an arrest will be mandatory. Even in cases where there is no visible injury, there may be an arrest if the alleged victim states that an injury occurred and the arresting officer has probable cause to believe the victim. When a police officer believes that the victim needs to be protected from the suspect, the officer can contact a judge for a temporary restraining order in New Jersey. Violating this temporary restraining order can lead to additional penalties and charges for the defendant.

Anyone facing domestic violence charges in New Jersey would be well advised to seek guidance from a skilled NJ domestic violence defense lawyer. The law team at Lependorf & Silverstein can help you fight these charges and avoid unnecessarily harsh penalties. Please contact us at (609) 240-0040 for a free and comprehensive consultation.

The state assembly has unanimously approved a bill to protect pets during domestic disputes. According to a news report in The Gloucester Center Times, A-1633 gives courts the authority to issue orders to protect animals that are abused or threatened during a domestic dispute. The new law prevents individuals who have been released from custody before a trial for domestic violence to have contact with any animal in the possession of the other party.

The bill also allows the court to decide who should have custody of the animal as part of the restraining order. Theoretically, individuals who are wrongfully accused of domestic violence and have a restraining order against them until the trial may have their pet taken away during that time. The new bill even allows the court to decide who will ultimately have possession of the animal during the determination of the final restraining order. The bill will now go to the Senate to be debated further.

It is common in domestic violence for charges to arise from ulterior motives. Many individuals face life-changing penalties after an argument gets out of hand or a domestic abuse false accusation is made. Police officers at the scene of an alleged dispute are required to make an arrest if the alleged victim exhibits signs of an injury. Mandatory arrests often lead to unnecessary charges that can have substantial consequences including jail time, fines, restraining orders, and now potentially, the loss of a beloved pet.

If you are facing domestic violence charges, it would be in your best interest to protect your rights with quality legal representation. The Princeton domestic battery defense attorneys at Lependorf & Silverstein have a long history of successfully handling these types of cases in New Jersey. Please contact us at (609) 240-0040 to discuss your case at absolutely no cost.

Domestic child abuse involves violence or neglect toward one's own child. A domestic child abuse conviction can result in jail time and complications regarding future custody of the alleged victim. Anyone facing these serious allegations deserves to have their rights protected by a skilled criminal defense attorney.

New Jersey law defines child abuse as causing physical injury by other than accidental means. There are many forms of abuse, including causing a risk of death or injury, endangering physical or emotional health, performing sexual abuse, willful abandonment, deprivation, and neglect.

Individuals who are convicted of domestic child abuse in New Jersey may face permanent loss of custody and visitation rights, heavy fines, court costs, jail time, and difficult probation terms. Individuals facing these types of allegations often suffer from severe stress, remorse, frustration, and depression as well. This type of emotional suffering is even common among individuals who have been falsely accused. As is true with many types of domestic violence, there are a number of instances of false allegations that may stem from ulterior motives.

The knowledgeable New Jersey child abuse defense attorneys at Lependorf & Silverstein have years of experience handling domestic child abuse cases in New Jersey. We fight for our clients' rights and work diligently to get the charges dismissed or lessened. To discuss your case at absolutely no cost, please call our offices at (609) 240-0040 today.

Governor Chris Christie has signed into law legislation that imposes additional bail restrictions in cases involving domestic violence. According to a news report in The Associated Press, the bill no longer allows individuals accused of violating domestic violence-related restraining orders from posting 10 percent of their bail for release.

Under the new law, those who allegedly violate a restraining order will have to post the full amount or have a bail bond secured by real property equal to the bail amount and an additional $20,000. Proponents of the bill believe that this new law will protect victims of domestic violence by penalizing repeat offenders.

Violating a domestic violence NJ restraining order stemming from a conviction carries severe penalties. Under New Jersey law, individuals convicted of a "second or subsequent non-indictable domestic violence contempt offense shall serve a minimum term of not less than 30 days.

The National Coalition Against Domestic Violence reports that approximately 1.3 million women in the United States are victims of domestic abuse each year.

It is crucial that the authorities do everything in their power to protect victims of domestic abuse. It is also important that the rights of defendants are protected and that individuals are not held without reasonable bail options because of false allegations.

The skilled New Jersey domestic violence defense attorneys at Lependorf & Silverstein have years of experience successfully handling cases in New Jersey. If you or a loved one has been charged with domestic violence or with violating a restraining order in the state of New Jersey, please call our offices at (609) 240-0040 to discuss your legal options.

October is Domestic Violence Awareness Month. An October 20 article in The News of Cumberland County compiled New Jersey domestic violence statistics from The Department of Community Affairs (DCA) and the Department of Children and Families (DCF) to show how prevalent domestic violence is throughout the state.

During the year 2009, 8,351 victims of domestic violence utilized their local domestic violence service program. Additionally, 1,562 women and 1,850 children were sheltered following a domestic violence or domestic abuse incident. The Statewide Domestic Violence Hotline received 24,038 crisis calls and 36,011 non-crisis calls during that same year.

Domestic violence is a serious problem in New Jersey. Injured victims of domestic violence deserve to be protected and it is often necessary for the authorities to become involved. Unfortunately, it is all too common for individuals to face wrongful domestic violence charges because of a misunderstanding or false domestic abuse accusations.

Under New Jersey Statute 2C:25:21, police must take a domestic violence suspect into custody if the victim shows signs of an injury. All arresting officers must consider the circumstances, the history of domestic disputes between the parties involved, and the type of injuries suffered. It is all too common for a misunderstanding or a false allegation to lead to an arrest. When someone is arrested following a domestic violence disturbance, he or she may end up facing serious charges even in cases where the alleged victim does not want to press charges.

The New Jersey domestic violence defense attorneys at Lependorf & Silverstein have a long history of successfully handling domestic violence cases in New Jersey. We know how to fight wrongful charges as well as lessen charges and penalties. If you or a loved one is facing domestic violence charges in New Jersey, call (609) 240-0040 to discuss your case at absolutely no cost.

Assemblywoman Celeste Riley has introduced a bill that could affect individuals who have a restraining order against them. According to The News of Cumberland County, Bill A-1491 increases the penalties for individuals who violate domestic violence restraining orders. Under the new bill, which has already passed the Assembly and the Senate Judiciary Committee, individuals in contempt of a domestic violence restraining order will have to post a minimum bail of $5,000. As the law stands now, some individuals can post a bail for as little as $50. This increase will significantly affect the alleged offender's ability to post bail.

The report goes on to say that between January and June of 2010 there were 37,026 domestic violence incidents throughout New Jersey. These numbers reflect an increase of domestic abuse and violence in the state. In fact, Cumberland County saw a 15 percent rise in domestic violence incidents in 2009. Gloucester County had a 5.5 percent increase, and Salem County had an increase of 8.65 percent.

Domestic violence is a serious problem in New Jersey and it is important that the authorities enact laws to protect innocent victims. It is also important that individuals do not face harsh punishments because of false allegations. Anyone facing domestic violence charges in New Jersey would be well advised to discuss their legal rights and options with a skilled criminal defense attorney.

The domestic violence defense attorneys in New Jersey at Lependorf & Silverstein fight hard to protect our clients' rights. If you are facing domestic violence charges in New Jersey, call our offices at 609-240-0040 to obtain more information about your legal rights and options.

Whenever the authorities are called to check on a potential domestic violence situation, they are legally obligated to act if they believe that someone is in physical danger. Officers will immediately try to determine if someone is in harm's way, if someone has been hurt, and if there are signs of violence. If it appears that the alleged victim is injured or fears for his or her safety, there is a good chance that the other person involved will be taken to a police station.

New Jersey police officers are obligated under New Jersey Statute 2C:25:21 to take a domestic violence suspect into custody if the victim "exhibits" signs of an injury. "The word, 'exhibits,' is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition." Arresting officers must take into consideration the history of domestic violence between the parties involved, the extent of the injuries suffered, and any other relevant factors that may apply to the incident or the case.

Once the authorities are involved, it is in their hands to decide whether or not the New Jersey abuse suspect will face charges. Even if the alleged victim does not want to press charges, the authorities may still charge the suspect with domestic abuse or domestic violence.

The Princeton domestic abuse defense attorneys at Lependorf & Silverstein have successfully represented individuals who have been wrongfully charged with domestic abuse or domestic violence. We have years of experience handling domestic violence cases throughout New Jersey and we know how to protect our clients from unnecessarily harsh penalties and wrongful allegations. Call our offices today at (609) 240-0040 to discuss your case at absolutely no cost.

Under New Jersey N.J.S.A. 2C:25-21a, a police officer is legally required to make an arrest if a victim “exhibits signs of injury.” This means that when an officer is called about a domestic disturbance and someone appears to be injured, it is likely that one of the adults in the household will be arrested. It is often difficult for the authorities to make a judgment within minutes as to whether the injured victim really is in danger or if the entire situation was the result of a misunderstanding or overreaction.

It is common for a neighbor or a passerby to hear a noise or to witness something that looks suspicious and for the authorities to become involved. While it is useful to have well-meaning citizens who look out for each other, it is important that proper investigative work is done and that individuals are not wrongfully charged with a serious crime such as domestic violence.

In general terms, the definition of domestic violence in New Jersey is a criminal act against a family member. Abuse (physical or sexual), assault, stalking, and harassment are all charges that fall under the umbrella of domestic abuse if the victim is a son or daughter, spouse, or family member living in the same household as the suspect.

A wrongful or mistaken arrest can lead to serious charges that may lead to incarceration and heavy fines. Additionally, when someone is convicted of domestic violence in New Jersey, they will have a criminal record. Individuals may also face custody issues and suffer social and professional consequences as a result of these charges.

The Princeton domestic violence attorneys at Lependorf & Silverstein understand the importance of fighting wrongful domestic abuse charges in New Jersey. If you or a loved one is facing domestic violence charges, please do not hesitate to call our law offices at 609-240-0040 for a free consultation to learn more about your legal rights.

There is a new push by the New Jersey's child welfare department to encourage individuals to report child abuse and neglect. According to BeaumontEnterprise.com, this new campaign is a direct result of the May 22, 2011, death of an 8-year-old girl who passed away from malnutrition and a lack of treatment for a broken leg. An investigation into the death of the young victim showed that the department received an anonymous call about the mistreatment of the girl before her death.

Clearly, it is a tragedy whenever there are instances of child abuse or neglect in New Jersey. It is important, however, that the authorities do their best to investigate all allegations before filing charges that could affect numerous lives. It is common for parents, for example, to face very serious charges because of false allegations, mistaken identity, misunderstandings, and spiteful neighbors or family members.

Individuals who believe they have witnessed abuse or neglect are encouraged to notify the authorities. The question becomes, what did they really witness? Was the witness close enough to the situation to understand what really took place and who was involved? Individuals convicted of child abuse in New Jersey face serious penalties, including jail time and a loss of custody of their child.

The domestic violence defense lawyers in Princeton at Lependorf & Silverstein have a long history of successfully handling domestic violence and child abuse cases in New Jersey. To begin building a defense and to discuss your legal options at no cost, please call our law offices at 609-240-0040 today.

A corporate attorney was suspended from practicing law in New Jersey and New York. According to a Reuters news report, the suspensions are connected to his guilty plea in a domestic violence case. The incident occurred in Virginia back in 2008. After the March 2008 domestic violence incident, the man stopped working as in-house counsel for AT&T and now years later, he has been suspended from working both in New York and New Jersey. He now faces a three-year suspension from practicing law in New York and a one-year suspension in New Jersey.

It is often difficult to determine all of the New Jersey domestic violence conviction consequences. Suspects may be aware of the possible fines and incarceration they face, but it can be challenging to determine what else a conviction or guilty plea may lead to. A domestic violence conviction could also have severe professional consequences. Professional licenses could be suspended. A person working around children, for example, may lose his or her job. An individual with a domestic violence conviction on his or her record may not be considered favorably for employment.

Anyone who faces criminal charges in New Jersey would be well advised to immediately seek the counsel of a skilled criminal defense attorney, who will fight to protect their rights and safeguard their best interests. In some cases, proactive action can be taken to ensure that no charges or filed. In other cases, an experienced domestic violence defense lawyer can get the charges reduced or dismissed.

The experienced domestic violence defense lawyers in Princeton at Lependorf & Silverstein have a long history of successfully handling such cases in New Jersey. We know what's at stake and fight hard to protect our clients' rights. Call our offices today at 609-240-0040 to discuss at absolutely no cost.

If you have been involved in a domestic dispute in New Jersey, you may be facing serious criminal charges. These types of incidents often result from a misunderstanding or an argument that quickly gets out of hand. If the authorities arrive at your home because of a complaint and they observe any signs of abuse or injury, you may be charged with domestic violence in New Jersey. Having these serious charges dropped is not easy.

Even if someone decides that they do not want to press charges, once you are in the criminal justice system, it is up to the authorities to decide if charges will be pursued. In other words, there is little you or an alleged victim can do once the authorities are involved.

Typically in these types of cases you will immediately be given a temporary restraining order. This will force you to keep your distance from the alleged victim (or victims). Even if the charges are false, the restraining order could go on your record and it could hurt you socially as well as professionally. If you are facing domestic violence charges in New Jersey, it is necessary to fight back with a skilled criminal defense attorney. Repeat offenders face serious consequences and even first-time offenders may face jail time and heavy fines.

The reputed Princeton domestic violence defense lawyers at Lependorf & Silverstein fight to protect the rights of clients charged with incidents of domestic violence in New Jersey. Anyone facing these charges should contact our law offices at 609-240-0040. Call us before discussing your case with the authorities.

Every year, the New Jersey State Police Uniform Crime Reporting Unit issues a report on domestic violence statistics showing numbers as well as trends in violent crimes committed in the state. According to the 2009 report, there were a total of 73,709 domestic violence incidents in New Jersey. About 30 percent of those reported domestic violence incidents resulted in an arrest.

The report states that the most common time of day for domestic violence offenses is between 8 p.m. and 12 a.m. Females were the victims of the offense 76 percent of the time. According to the report, 3,193 reported domestic violence incidents resulted in a restraining order.

New Jersey domestic violence charges are particularly complicated to handle because they could often involve false allegations and hidden or ulterior motives. In addition to facing possible incarceration and heavy fines, individuals facing domestic violence charges may suffer certain consequences even if they are not found guilty. Loss of employment and a tainted reputation are examples of some of the serious consequences defendants could face without being officially charged. Regardless of the nature of the domestic violence charges, it is critical to fight them aggressively with the help of an experienced criminal defense lawyer.

The reputed Princeton domestic violence defense attorneys at Lependorf & Silverstein fight to protect the rights of our clients. If you are facing domestic violence charges, you have the right to fight the charges in court with an experienced criminal defense attorney. Call us today at 609-240-0040 to discuss your case at no cost.

A criminal act against a current or former spouse, a current or former household member, or a current or past significant other is considered an act of domestic violence. In New Jersey, acts of domestic violence include harassment, threatening, striking, assaulting, and kidnapping. Police officers must act if they suspect an act of domestic violence has occurred or if someone has been injured. There are many serious consequences for domestic violence in New Jersey. Anyone facing these life-changing allegations would be well-advised to speak to an experienced criminal defense attorney right away.

One common result of a domestic violence allegation in New Jersey is a restraining order. A restraining order will legally keep someone away from the alleged victims. Under New Jersey Statute 2C:25-34, a central registry will keep the names of anyone who has been issued a New Jersey domestic violence restraining order.

Since domestic violence covers such a wide range of criminal offenses, the severity of the charges can vary. In cases involving serious injuries resulting from acts of violence, the penalties may be severe. Convicted offenders of domestic violence in New Jersey could face serious penalties, including a lengthy prison sentence.

Many claims of domestic violence result from wrongful allegations and ulterior motives. It is important to fight these types of allegations with an experienced domestic violence defense attorney. The Princeton domestic violence defense lawyers at Lependorf & Silverstein carefully review the circumstances of each case in order to build a strong case on our clients’ behalf. If you are facing allegations of domestic violence in New Jersey, please contact our office at 609-240-0040 to discuss your case at no-cost.

New Jersey lawmakers are progressing towards passing a new law that may allow a certain amount of force used in self defense. According to The Daily Record, the new legislation creates “a limited self-defense justification for domestic violence victims who use force to protect themselves.” If the bill becomes law, the court may take into consideration the existence of permanent or temporary restraining orders, what circumstances led to the restraining orders, and conduct that constitutes a violation of the order. Previous acts of domestic violence could also be considered. A second bill will disallow someone who has violated a domestic violence-related restraining order from posting 10 percent of their bail.

It is not clear if the validity of the restraining order will be taken into consideration. For example, if someone wrongfully files for a restraining order with ulterior motives, that restraining order may now be used as evidence in the future.

Domestic abuse is a serious problem in New Jersey and the law should protect the victims of domestic violence. We should not, however, rush to convict someone of domestic abuse without first making sure all of the facts are accurate and the accused is given a fair trial.

The Princeton domestic abuse attorneys at Lependorf & Silverstein help those accused of domestic violence in New Jersey fight false allegations. We also make sure that our clients understand their legal rights. If you have been accused of domestic violence, please call our law offices at 609-240-0040 to find out how we can help.

The criminal defense law firm of Lependorf & Silverstein is proud to announce the debut of its New Jersey domestic violence defense website, http://www.nj-domesticviolence.com. The new website was formed to provide those accused of domestic violence a resource for crucial information about their legal rights, insights into New Jersey law, and a place to find reputable legal assistance for domestic violence defense.

The New Jersey domestic violence defense website is extensive in its scope, and covers many aspects of domestic violence crimes in New Jersey, such as:

• Child and spousal abuse;
• Consequences and penalties of a domestic violence conviction;
• Domestic battery;
• Domestic violence laws;
• Elder abuse;
• Sexual assault;
• Stalking;
• Temporary restraining orders; and more.

It is important for those who have been accused of a domestic violence crime in New Jersey to understand their legal rights. The penalty for a domestic violence crime conviction in New Jersey can include jail time, fines, forced payment for medical care and other expenses, loss of spousal and/or parental rights, loss of a professional license, and imposed community service. There can also be a severe impact on a person’s personal and professional reputation following a domestic violence conviction in New Jersey.

Lependorf & Silverstein’s new domestic violence defense website can help those who have been accused of a domestic violence crime in New Jersey understand the legalities around the accusation, and learn the common defenses that may be available. The website also provides access to statistics, valuable resources, and information as to how Lependorf & Silverstein can help an accused individual fight wrongful charges of domestic violence in New Jersey.

If you would like to learn more about domestic violence crimes in New Jersey or how the attorneys at Lependorf & Silverstein can help defend your rights, visit the new website or call 609-240-0040 today.

A Montclair State University student has been arrested on suspicion of false imprisonment under the domestic violence statute. According to a report, the arrest was made on campus. Police have stated that they are seeing an increase in domestic violence cases on college campuses. This particular incident is still being investigated.

According to New Jersey Statute 2C:13-3: "A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty." In such cases, the prosecution will have to prove that the defendant knowingly held the victim against his or her will. If an incident in question took place as a result of a misunderstanding, the charges must be dropped.

Domestic abuse charges such as false imprisonment are serious crimes that carry potentially life-changing consequences. Anyone who is wrongfully charged with domestic abuse will have to fight an uphill battle to clear his or her name. Even if the charges appear minor, it is important to fight the allegations. Consequences include financial penalties, probation and possible jail time. Repeat offenders face even stiffer penalties, which makes it all the more critical for all charges to be taken seriously.

The Princeton domestic violence defense attorneys at Lependorf & Silverstein represent New Jersey residents charged with various domestic violence crimes. We carefully examine the circumstances of a case to determine if an individual’s rights were violated and will conduct a thorough investigation to ensure that the proper evidence is gathered to aid in building a strong defense. If you or a loved one is facing domestic violence charges in New Jersey, please contact us at 609-240-0040 to discuss your case.