Defense of New Jersey DWI and Criminal Cases
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Location: New Jersey DWI Lawyer 609 Main St. Toms River, NJ - 08753
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Phone:
201-214-4444
732-282-1394 (1DWI)
Facing theft charges in New Jersey has serious implications for your future. You could, in some circumstances, serve a prison sentence or pay a large fine. Understanding the elements of theft, knowing your rights, and effectively gathering evidence are crucial steps in your defense. Experienced legal representation is key to defending presumption of your innocence and safeguarding your future. Read along to learn how you could fight the allegations against you.
Elements of Theft in New Jersey
New Jersey Revised Statutes Sections 2C:20-2 and 2C:20-3 define theft as unlawfully controlling someone else’s property with the intent to deprive them of its use. This can include a range of actions, from shoplifting to auto theft. The key elements of the crime are:
- Unlawfully taking or exercising control over movable or immovable property that belongs to someone else
- The intent is to deprive the owner of the property
How Do You Defend Yourself When Accused Of Theft?
Defending yourself when accused of stealing in New Jersey involves a combination of understanding your legal rights, the nature of the charges against you, and the strategic application of defense tactics. Below are key steps and considerations for anyone facing theft accusations in New Jersey:
- Upon arrest, you have the right to remain silent. Anything you say can be used against you in court. Only discuss the case with police or investigators with an attorney present.
- Contact a criminal attorney in New Jersey as soon as possible. They can provide legal advice, represent you in court, and navigate the criminal justice system on your behalf.
- Review the evidence with your attorney. Analyze the prosecution’s case for any weaknesses or inconsistencies. This may include examining how the evidence was obtained and whether your rights were violated during the investigation or arrest.
- Depending on the circumstances, several defense strategies may be applicable.
- In some cases, your attorney might negotiate a plea bargain with the prosecutor. Evaluate any offers carefully with your attorney.
- In the event of a conviction, work with your attorney to plan for sentencing. This might involve presenting mitigating factors or preparing for a sentencing hearing.
How A Lawyer Could Defend You Against Theft Charges
Below is how a lawyer could defend you, focusing on several key legal defenses which might or might not apply to the facts of an individual case.
Mistaken Identity
Mistaken identity involves demonstrating that you were incorrectly identified as the perpetrator. An attorney will meticulously examine evidence like surveillance footage, eyewitness testimonies, and alibis to challenge the prosecution’s claim of the accused’s presence at the scene or involvement in the theft.
Bias-Based Defense
Bias based on race, ethnicity, socio-economic status, gender, sexual orientation, or age can sometimes play a role in accusations. A lawyer will seek to uncover and expose any such biases in the investigation or prosecution process, perhaps arguing that these prejudices led to an unfounded accusation against the defendant.
Lack of Credible Witnesses
The credibility of witnesses is often a linchpin in the prosecution’s case. Attorneys critically assess the reliability and trustworthiness of each witness, looking for inconsistencies in their statements or possible motives to fabricate or distort their testimony.
Faulty Testimony
In many cases, the testimony presented by the prosecution may contain inaccuracies or be misleading. Your lawyer can analyze testimony and cross-examine witnesses to uncover any falsehoods, exaggerations, or errors.
Faulty Forensic Testing
In some theft cases, especially those involving complex evidence like DNA or fingerprint analysis, forensic testing plays a significant role. A defense attorney will review the methods and results of these tests, seeking out any procedural errors, contamination, or misinterpretations that could invalidate the forensic evidence.
If you are facing theft charges in New Jersey, don’t delay in seeking legal help. To effectively navigate these charges, contact a criminal attorney in New Jersey as soon as possible. The right legal team can protect your rights and work towards a favorable outcome.
