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Reviewing the Elements of a Burglary Charge

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Understanding the Elements of Burglary

Burglary is usually defined as the unlawful entry into any structure with an intent to commit a crime. The structure doesn’t have to be a home or business, and the crime intended doesn’t have to involve stealing. Physically breaking into the structure is also not required; simply trespassing through an open entrance can constitute burglary charges. In contrast to robbery, which involves forcefully taking another’s property, burglary often occurs when the victim is away from the structure.

Understanding More About Burglary

Entering a private structure with the intent to steal but leaving empty-handed because there was nothing inside qualifies as burglary. The crime of burglary was originally developed under common law centuries ago, and states have incorporated it into penal codes with some modifications. While common law defined burglary as occurring at the dwelling of another at night, states today have broadened the definition to include businesses and illegal entries during daytime hours as well.

Laws against burglary were originally developed to prevent violence and people’s homes–not target theft. There are other laws designed to criminalize taking another’s property, but burglary is designed to protect the sanctity of the dwelling, a structure where people frequent, and shield residents from potentially violent encounters with intruders.

The Elements of Burglary

States generally use the same definition to identify burglary. All of the elements must be present to convict someone of burglary charges. The elements of burglary include an unauthorized entry, involving a building or occupied structure, with the intent to commit a crime.

Unlawful Entry

The first element of a burglary charge is an unlawful entry. The process of breaking into the structure may be actual or constructive. An actual break-in involves applying physical force to gain entry however slight the force may be. This may involve picking a lock, kicking in a door, or pushing open a door that is already slightly ajar. A constructive break-in involves using means other than physical force to gain unlawful entry, like fraud or blackmail.

To qualify as burglary, the entry must occur without the consent of the person occupying the structure. However a break-in occurs, and the perpetrator must gain entry into the structure to satisfy this element of burglary. The perpetrator does not have to walk inside the building to commit a burglary; minimum entry is sufficient. Simply sticking a hand through an open window may be enough to fulfill this element.

Structure or Dwelling

Originally, burglary statutes under common law were designed to protect people from anyone intruding into their homes. Under states’ modern definitions, someone can be convicted of breaking into almost any type of structure as long as certain conditions are met. Typically, the structure must be capable of sheltering people, animals, or property. Fenced-off areas outside may not apply. In addition, the entry must occur while the structure is closed to the public.

Criminal Intent

The perpetrator must’ve had the mental intent to commit a crime after breaking in. Theft is common, but other crimes can constitute burglary charges. The crime must occur separately in addition to the break-in. If the intent is premeditated before the unlawful entry, some states may levy first-degree burglary charges. If the criminal intent was formed after the entry, perpetrators may only face second-degree burglary charges.

Burglary Laws in New Jersey

The general form of burglary is a third-degree felony offense in New Jersey. Third-degree burglary charges in New Jersey are punishable by five to 10 in prison and up to $150,000 in fines. For defendants in northern New Jersey, finding a Morristown criminal defense lawyer may help with reducing burglary charges or negotiating a more favorable plea agreement.

Legal Assistance for Burglary Charges

If you are in need legal assistance to fight burglary or forced entry charges, contact Morristown criminal defense lawyer Gregg Wisotsky by phone at (973) 898-0161 to set up an appointment at our New Jersey office. You can also fill out and submit the form that is found on our website.

Benefits of Diversion Programs for New Jersey Communities

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How Diversion Programs Can Benefit New Jersey Communities

Criminal behavior has many underlying factors, including adverse childhood experiences, poverty, poor educational attainment, mental health challenges, and substance abuse. Unfortunately, the criminal justice system frequently fails to take these factors into account by sentencing offenders with lengthy prison terms that ultimately do nothing to solve the underlying problem. One type of solution that’s gaining traction is diversion programs, which seek to address the underlying causes of criminal behavior to break the cycle of recidivism by providing participants with the resources they need to make positive changes in their lives.

Reduced Recidivism Rates

One of the most important benefits of diversion programs is that they can help reduce recidivism rates. Diversion programs offer first-time and non-violent offenders the opportunity to avoid incarceration and engage in constructive activities tailored to their unique needs instead.

For example, diversion programs often provide offenders with the opportunity to receive treatment and counseling for underlying issues, such as substance abuse or mental health disorders. By providing participants with the guidance and support they need to lead productive, law-abiding lives, these alternative sentencing options can help participants stay on the right path.

Decades of rising prison populations have made it abundantly clear that incarceration does not prevent an offender from re-offending in the future. In fact, each additional year of incarceration following a felony offense results in a 4% to 7% greater likelihood of an offender returning to the criminal justice system after the end of their sentence.

Studies have shown that diversion programs can be highly effective in reducing these recidivism rates. A 2018 study conducted in Harris County, Texas found that participants in diversion programs are 48% less likely to face a future conviction in the 10 years following their participation than those who go through the traditional criminal justice system.

Another study found that on a nationwide level, diversion programs for young offenders are 10% more effective in reducing the likelihood of a young person re-offending. To illustrate the widespread impact of this, one study found that youth undergoing traditional prosecution face more than twice the likelihood of being rearrested than those who participate in diversion programs.

Better Employment Outcomes

In addition to reducing recidivism rates, diversion programs can also lead to improved employment outcomes for participants.

Incarceration can impact a person’s job prospects in a number of ways. The time spent behind bars naturally results in a loss of work experience, which can be difficult to make up for after release. Employers are reluctant to hire individuals with criminal records, regardless of their qualifications or the nature of their crimes.

Diversion programs can help people overcome these obstacles by providing vital resources. A key component of many of these programs is job training and placement assistance, which can help participants find steady, gainful employment following their participation. And because diversion programs help offenders avoid the career-killing impacts of incarceration, these resources can go even further in helping participants find and keep a job.

The above-mentioned Harris County study found that offenders who participated in diversion programs had improvements in employment outcomes by 53% in the 10 years following their participation. In stark contrast to this is a study showing that each additional year of incarceration reduces an offender’s odds of employment by 3.6%.

These improved employment outcomes not only benefit participants but also the community as a whole. With more community members engaging in the local economy, local businesses can thrive and tax revenue can increase. And when parents with criminal histories are participating in the workforce and earning a stable income for their families, they are better able to break the cycle of poverty that frequently lies beneath the surface of many criminal behaviors. As a result, their children are more likely to follow in their footsteps, steer clear of crime, and participate as thriving members of society. These benefits only expand as generations go by, which can restore communities that have been dismantled by generational patterns of incarceration.

Relief of Pressure From the Court System

The American court system is tasked with dispensing justice in a fair and impartial manner. However, Morristown criminal defense lawyers know from experience that the system is often overwhelmed by the sheer volume of cases that come through its doors.

Diversion programs can help to take some of this pressure off of the already-overburdened court system. By diverting low-risk offenders away from the traditional criminal justice system and into these programs, there is more time and resources available to focus on those who pose a greater threat to public safety.

Not only does this help to ensure that the court system is able to function more efficiently, but it can also lead to improved safety outcomes for the community as a whole.

When judges and prosecutors can dedicate their time and energy to a smaller number of cases, they are able to make more sound decisions about who poses a threat to public safety and how best to protect the community. This reduces the likelihood of false convictions and improves the likelihood that the right to a fair trial is being upheld.

It also allows for greater transparency and accountability within the criminal justice system as there is more time to investigate cases thoroughly and ensure that all procedures are being followed correctly. This can instill greater confidence in the system among both defendants and victims, leading to a more just society for all.

Taxpayer Savings

Diversion programs can also lead to substantial taxpayer savings, and this doesn’t just include the cost of incarceration. For every dollar invested in a diversion program for young offenders, there is also a return in social benefits, such as healthcare costs and victimization expenses.

Incarceration is an incredibly costly endeavor, with the average annual cost in the United States exceeding $30,000 per prisoner. In contrast, many diversion programs are highly cost-effective, with some programs costing as little as $500 per participant.

While there is an initial cost to set up and administer diversion programs, this is typically more than offset by the savings generated by avoiding costly trials and jail sentences. In addition, defendants who successfully complete diversion programs are less likely to re-offend, which further reduces the costs associated with crime. As a result, diversion programs are a win-win for taxpayers and defendants alike.

Diversion programs are a smart and sustainable investment in New Jersey’s public safety. As Morristown criminal defense lawyers, we have seen first-hand the positive impact that they can have on the lives of our clients and their families.

If you or a loved one has been charged with a crime, we can help you explore your options and determine if diversion is right for you. We are equipped to represent clients facing criminal charges throughout the state of New Jersey. Contact attorney Gregg Wisotsky at 973-898-0161 and begin taking your future back.

Do All Juveniles Go to Detention After Conviction of a Crime?

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When and Why Do Juveniles Get Sent to Adult Court?

In 1997, nearly 2.7 million youths were detained in a juvenile incarceration facility, and that number decreased by 74% by 2019. Reformations in state laws and work done by Morristown criminal defense lawyers have also decreased the number of juveniles sent to the adult court system. However, widespread juvenile detention and continued prosecution of minors in adult court continues to be an issue, and the experience could affect a child throughout the rest of their life.

When Do Juveniles Get Sent to an Adult Court?

Some state laws require that juveniles who commit certain crimes be prosecuted in the adult court system. In New Jersey, the court may send youths as young as 14 to adult court. If this happens, the juveniles are held in the same facilities as adult offenders, and they may face the same level of penalties as convicted adults. The prosecutor and judge are the ultimate decision makers in whether or not a particular juvenile will be required to appear in adult court.

What Types of Crimes Result in Juveniles Being Sent to Adult Court?

Judges and prosecuting attorneys have discretion to request a waiver for a juvenile to be sent to adult court. They may request this waiver for serious crimes, such as crimes involving weapons or the threat of violence. Sexual assault, drug offenses, robbery, and domestic violence are other examples of crimes that may result in a juvenile being prosecuted through the adult court system. If a juvenile is a repeat offender, this is another circumstance in which a waiver may be requested.

Reformations in the Juvenile Court System

In the 1980s and 1990s, courts and attorneys took a hardline stance on prosecuting juveniles in the adult court system. They may have wanted to set an example that no matter what the age, the seriousness of the crime should result in a serious penalty. However, advocates, child development and behavior specialists, and others realized that juveniles don’t have the same decision-making skills and maturity as adults. Mitigating circumstances, such as homelessness or absentee parents, also played a role in the changes in the juvenile court system.

Drop in Juvenile Prosecution in Adult Court

In 2010, about 10% of felony crimes committed by juveniles were sent to adult courts for prosecution. By 2019, this decreased to about 2%. In 2020, many courts shut down as a result of the COVID-19 pandemic. Incarceration facilities were a common source of large outbreaks, and the rate of juvenile prosecution in adult court dropped to 1%. Some analysts believe that this was a result of court shutdowns, while others suspect that the judges and attorneys wanted to provide some level of protection for youth who weren’t yet eligible for COVID-19 vaccination.

What Happens to Juveniles Who Commit Crimes?

When a judge or attorney doesn’t refer a juvenile to an adult court for criminal prosecution, they have other options. The juvenile court system is the most common way of processing juveniles who commit crimes. Attorneys or judges may also recommend other facilities or programs. For example, youth who are engaged in gang activity or other violent activities might be sent to a community program. Youth who commit drug offenses might be sent to a residential rehabilitation program for addiction.

Reasons to Keep Juveniles Out of Adult Court

Prosecution in adult court changes a juvenile’s life forever. They may be exposed to more violence, sexual assault, or criminal behaviors. A juvenile who spends time in a prison for adults may be more likely to reoffend and may also have a more difficult time gaining employment or turning their life around.

When your child is facing criminal charges, it’s important to consult with a Morristown criminal defense lawyer. To schedule a consultation at the Morristown, New Jersey law office of Gregg Wisotsky, call 973-898-0161 on weekdays or 908-229-9714 after hours and on weekends. You may also fill out our online contact form, and we will reach out to you to schedule a consultation.

How Effective Are Diversion Programs at Improving Public Safety?

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Diversion Programs Can Help to Lower Arrests and Police Encounters

Many experts – as well as the public at large – have hailed diversion programs as strategic, long-lasting, and highly effective means of bringing down crime and investing in the safety of the public. Community Assistance and Life Liaison in Florida was there to handle 4,300 calls that would have ended by bringing in the police had the workers in the program not been there to intervene.

What Is Diversion?

Diversion refers to strategies that are commonly called “exit ramps,” referring to the way that they give people a way out of the vicious cycles of police encounters, imprisonment, and prosecution. It’s a term that encompasses a wide variety of these exit ramps strategies, serving as a way of getting people out of the criminal legal system.

This is achieved through alternate intervention options that don’t necessitate arrests, prosecution, or incarceration. At the heart of these programs is the acknowledgment of the negative impacts that imprisonment and the criminal legal system have. They each have unique ways of damaging those who get caught up in them.

Those who staff these programs help to reframe the public’s perspective to see those who have been accused of committing a crime as real people dealing with everyday problems. They know that in many cases people who commit crimes don’t see any other way forward. These alternatives to jail time, prison sentences, and legal action are there to show everyone that there is always another option that doesn’t involve resorting to a life of crime.

Diversion programs provide a different way of dealing with these behaviors to bring down crime and create a safer public. But for diversion programs to work without involving a call to the police or a person being locked up in jail, they have to get to the bottom of what leads to criminal activities.

Learning What Causes Crime

Those who participate in diversion programs have the daunting challenge of getting to the root of the issues that leads to illegal activity. Studies show that the most common causes of criminalized behavior are:

  • Food insecurity
  • Housing insecurity
  • Lack of employment
  • Lack of resources for education
  • Mental health needs going unmet

Rather than leaving these vulnerable populations to live in precarious situations like food insecurity, which lends itself to criminal behavior, these programs are there to provide assistance to struggling families and individuals before it comes to that.

It is extremely discouraging when you are unable to work, especially for those who are motivated to find a legitimate profession but none seem to be available. For those who are living in communities that seem to be operating against them, it may seem like there are few options. With an effective diversion program, work programs help these struggling individuals get in touch with employment opportunities that work for the individual.

Falling into criminal activities has been shown to often be the result of a community that lacks educational resources. Diversion programs help by providing those resources in a way that is accessible and approachable to the most vulnerable populations, giving them the informational tools necessary to forge new paths in life.

Mental health is still often a subject that isn’t addressed as much as it should be, but these diversion programs take a particular focus on it. A good diversion program provides those who need mental health assistance with counselors and other mental health resources.

Getting the Community Involved

When more members of the community are involved in these projects, they tend to be more informed and in touch with the struggles that local populations are facing. Through diversion programs, people of all kinds have the opportunity to help by providing food and essential services to people in need as well as offering new suggestions as to how the programs can be run.

Diversion programs come in all shapes and sizes, and the best fit for a given community all depends on the population being targeted, who is eligible, and what is hoped to be accomplished through this program. The two main types are pre-arrest and pre-charge diversion programs. But no matter what method is used to get there, the end game is always a matter of keeping more people out of the criminal legal system.

Stopping the Police Encounter Before It Happens

Many diversion programs are focused on intervention prior to the police encounter. For most minor disturbances, it’s not necessary for law enforcement or a Morristown criminal defense lawyer to be involved in the first place. These types of programs are an attempt to nip the issue in the bud by providing alternatives to prevent police from becoming needlessly involved and potentially exacerbating the situation.

When the Police Aren’t the Best Option

There are some programs that take care of conflicts in communities through the help of civilian responders. The best use of a civilian responder is for dealing with conflicts that aren’t so serious that they require police intervention – and in which the police might not be the best at dealing with it anyway.

This includes problems like neighbors getting into an argument that begins to rise beyond the level of what’s publicly acceptable. Calling in the police might actually only make things worse. But when an average person can come in and talk to everybody like they are human beings, things have a greater potential to take on a more peaceable turn in the end.

When someone is experiencing a mental health crisis, it might be unclear to a police officer whether the individual is a threat. Someone who is more acquainted with these issues might be better suited to deal with them, being able to recognize when someone needs to be talked down rather than escalating their distress through shouted orders and threats with firearms.

Other times, a civilian responder is helping to resolve conflicts with those who are dealing with homelessness. Oftentimes, when approached by a regular civilian rather than a uniformed police officer, the exchange can take on a much less adversarial tone and be resolved more easily. The same is often the case with those who are using illegal substances.

Saving the Public Money

There are also indications that using a diversion program instead of prison terms could save the public billions of dollars. That’s what one study found, conducted by Temple University and RTI International.

Almost half of the people in state prison either abuse or are dependent on drugs. However, only a fraction of that population receives treatment for their drug use, which makes them much more likely to continue the illegal behavior after being released. This study posited that relocating people who abuse substances to treatment programs in a community setting rather than state prison would not only bring down crime but also lead to massive savings in the criminal justice system.

Contact Gregg A. Wisotsky today at 937-898-0161 for a Morristown criminal defense lawyer that you can trust. Find out what his robust experience level can do to protect you in court.

Bite Mark Analysis Lacks Scientific Validation but Holds Up in Court

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Bite Mark Evidence Is Unreliable but Legally Accepted

Bite mark analysis is a practice that has never received official scientific validation. One-quarter of the exonerations that have taken place from 1989 onward involved wrongful convictions that were made on the basis of deceptive forensic evidence that often turned out to be false – and bite marks are a prime example.

When Experts Can’t Agree

In a report published in 2009, the National Academy of Sciences went into detail about the issue of unreliability in numerous forensic techniques that are still commonly used in criminal cases. The organization found that the false results collected by these practices were significant, including bite mark evidence.

The most troubling moment came for the ABFO’s (American Board of Forensic Odontology) former president, Dr. Adam Freeman, along with Dr. Iain Pretty. These two were unsettled by the rise in false data collected from bite mark analysis, so they worked together in an attempt to prove the validity of their field.

But in the study they conducted, experts could rarely even agree on what was a bite mark and what wasn’t. These were dentists who were certified by the ABFO, and the experts were being asked the most basic questions and failing miserably at it.

It was enough to cause Dr. Freeman to decide to end his work in bite mark analysis. And he has been followed by other experts, leading an exodus from forensic dentistry, including his colleague Dr. Pretty as well as Dr. Cynthia Brzozowski and many more. These experts now find it to be an unreliable discipline that they can no longer carry out with good conscience.

According to the Innocence Project, there have been 26 cases of wrongful conviction that were attained through the use of bite mark evidence. This is almost certainly only the tip of the iceberg, though, since more evidence may still be called into question while other evidence has already been lost.

There are countless cases of experts putting too much weight into bite mark analysis, even when it contradicts other evidence in the case. One that Morristown criminal defense lawyers often see involves using overly definitive language to describe the alleged actions of the perpetrator.

What’s Wrong With Bite Marks?

The arrangement of teeth in a person’s mouth is called human detention. This isn’t necessarily like a fingerprint in that it’s different for every person. A person’s bite has not been scientifically proven to be unique.

But there is a bigger problem when identifying criminals from bite marks found on a body: the medium in which the impression is being made. Human skin usually does a poor job of leaving a lasting, accurate representation of a person’s bite. Even if the same individual left bite marks on two different victims, it may be hard to identify commonalities between the impressions made.

When a bite mark is found on a body, the skin isn’t actually indented. Forensic scientists examine the bruises that remain from where the bite occurred. A bruise is a diffuse area of blood beneath the skin, and this doesn’t necessarily give an exact approximation of the oral detention of the biter. And people bruise differently, some more easily than others.

Adding another factor of unreliability, each person’s skin has a different level of elasticity that depends on a variety of factors like the individual’s body mass index, age, and diet. And depending on how a person was moving at the time, the amount of tension in the skin may be called into question and create another variable affecting the way an individual’s bite marks may appear in forensic analysis.

Why Is Evidence From Bite Mark Analysis Still Admissible in Court?

This comes down to the pace at which laws can be changed versus scientific discovery, which operates on its own schedule. Because court decisions heavily rely on precedent, looking back on the past decisions in other courts, laws cannot be changed very quickly. This is intended as a way to protect the public from sudden and drastic law rewriting based on current political trends. But a new discovery can change the way we look at a type of forensic evidence in an instant, which creates a disconnect between the laws in place and the scientific consensus.

Call Gregg Wisotsky, Esq. today at 973-898-0161. He’s a Morristown criminal defense lawyer who has been a trial lawyer for decades, and he may be able to offer new insight into your New Jersey case.

What You Need to Know About Miranda Rights

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Miranda Rights: What Are They and How Do They Work?

Since 1966, Miranda rights have been one of the most essential parts of a police arrest. These rights help you decide how you want to respond to a police interrogation. Understanding how a Miranda warning works can help you make smart decisions in the unfortunate event of your arrest.

What Are Miranda Rights?

Miranda rights are a common police practice that gets its name from the Supreme Court case Miranda v. Arizona. This case involved a man who voluntarily confessed to a crime yet later wanted to recant his confession after learning about his Fifth Amendment right to remain silent. The Supreme Court ruled that anyone in police custody has to be made aware of their Fifth Amendment rights prior to police interrogation.

To ensure that these rights are met, police now are supposed to give any arrested person a Miranda warning. This is an official statement that lists all your rights while in police custody. The exact statement can vary a little depending on which state you are in. Different regions have slightly different lists of rights that people have to learn about. The basic Miranda warning informs you that:

  • You have the right to remain silent and refuse to respond to questions
  • Anything you say, whether in response to a question or not, can be used against you in a court of law
  • You have the right to talk to a lawyer before any discussion with the police
  • You can choose to have your attorney present during questioning
  • If you can’t afford a lawyer, the government is required to appoint one for you before any questioning if you would like a lawyer
  • If you choose to talk without consulting a lawyer, you have the right to stop talking and request an attorney at any point during your interrogation

Do You Have to Acknowledge a Miranda Warning?

A Miranda warning is not valid simply because the officer states a list of rights somewhere within your vicinity. It only goes into effect once you acknowledge that you heard and understood the warning. This is why many states will require officers to ask, “do you understand these rights?” after providing the basic Miranda warning.

Keep in mind that it is possible to acknowledge a Miranda warning without saying “yes” to the officer’s question. The Supreme Court has ruled that suspects who purposefully refuse to sign something acknowledging their Miranda rights are still recognizing that they received the warning and are voluntarily waiving their rights. The only way to avoid acknowledging a Miranda warning is to either not respond or say you do not understand.

When Do Miranda Rights Apply?

Miranda rights might sound fairly broad, but they are only relevant in a few specific situations. A Miranda warning is required if you are in police custody and under interrogation. Any remarks you make outside of those situations do not require one.

Typically, a Miranda warning is administered at an arrest. Officers are only required to give a warning when they are restricting your freedom. This means that an officer doesn’t have to give you a Miranda warning before walking up to you on the street and asking you a question. A Miranda warning is also only required for the police interrogation itself. You are still required to answer basic questions about your identity when you are booked, but you are not required to answer questions related to the crime in any way.

Keep in mind that a Miranda warning can be invalidated if a police officer uses intimidation in their interrogation. Even if you acknowledged your rights and chose to talk to the police, things you say might be thrown out of court if the officer used intimidation to obtain them. In addition to physical violence, intimidation can include things like denying a suspect sleep, food, or medical care. It can also include threatening violence or using psychological tactics like putting someone under a bright light for hours.

What Happens If the Officer Doesn’t Provide Your Miranda Warning?

Why are Miranda warnings so important? Your Morristown criminal defense lawyer will talk to you about them because they affect the evidence the police collect. A Miranda warning is meant to inform a suspect of their rights and give them the option of talking to a criminal defense attorney or remaining silent while the police ask about their potential involvement in a crime.

Any information you give after the police failed to provide a Miranda warning at the appropriate time may be invalid. Though the police will have a record of it, they cannot present this record in court. The prosecutor cannot bring it up, and the jury is not allowed to know about the evidence while making their decision. This rule applies to things that you say. So if you admit to the crime without knowing your Miranda rights, your confession would be thrown out. Furthermore, if you admitted something potentially incriminating, like hating a person who was murdered, the prosecutors at your criminal trial could not bring up what you said in court.

However, a lack of a Miranda warning will not invalidate tangible evidence the police acquire due to their illegal questioning. For example, if you told the police you had an illegally purchased gun under your bed, they would be able to go get this gun and then use the gun as evidence even though the prosecutors could not mention that you were the one who told them about the gun. Likewise, the prosecution could still call witnesses against you if they learned about the existence of the witness during an illegal interrogation.

How to Use Miranda Rights to Protect Yourself?

If you are arrested, it is a good idea to take the advice of a Miranda warning and remain silent until your lawyer arrives. Utilizing your rights can help you avoid accidentally incriminating yourself. It is impossible to know what angle the police are taking until they charge you, so even if you do not think you are a suspect, talking to the police may be unwise. Taking the time to talk to a Morristown criminal defense lawyer before discussing anything with the police can help you avoid saying things that incriminate you in a crime.

Even if you did not choose to remain silent until speaking with an attorney, Miranda rights can still be helpful. In some cases where you weren’t told about your rights, your lawyer may be able to invalidate any incriminating confession you made. Keep in mind that Miranda rights are not a “get out of jail free” card, though. The police can still use the evidence they obtained due to their illegal questioning. This is why it is so important to remain silent and avoid talking to the police whether or not they read you your rights.

If you would like to learn more about how Miranda warnings work, the law firm of Gregg Wisotsky is here to help. Our team focuses on providing criminal defense to people in Morristown and surrounding areas. In addition to helping you understand the charges against you, we can work with you to build an effective defense strategy. Call 973-898-0161 or fill out our contact form to schedule a consultation.

What Are Some of the Most Common DUI Mistakes Made by Police?

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Common DUI Mistakes Police Make

Many drivers are pulled over by police and subsequently arrested for driving under the influence. However, sometimes, police officers may make mistakes when arresting suspects for DUI. It’s important to know about these mistakes if you find yourself facing these charges.

No Cause to Make a Stop

One of the most common DUI mistakes police officers make is when they pull over a driver when there is no reasonable suspicion that a crime has been or is being committed. Police must have a valid reason to pull someone over, and in many cases that could be completely unrelated to driving under the influence. For instance, if a driver has a broken headlight or taillight, or if he or she drove through a stop sign, it will give the officer a legitimate reason to stop that individual. If the police officer merely got a glimpse of the driver’s face and decided that he or she appeared suspicious, that wouldn’t count.

No Proof of Operating a Vehicle

A police officer cannot arrest a person for DUI just because he or she is sitting in a vehicle that isn’t moving. If the car is parked, and the individual is sitting there, even with the engine idling, that doesn’t prove that the person is operating the vehicle while under the influence. An arrest for DUI would be considered a mistake.

Improper Administration of Tests

When police officers pull someone over for suspicion of DUI, they often require the person to submit to a breath test. However, the Breathalyzer must be properly calibrated before the test is administered, or it could give a false result.

Other tests that measure blood alcohol concentration must also be administered properly for the same reason. When a person is ordered to give blood or urine for testing to determine if he or she may be guilty of DUI, the samples cannot be tampered with or tainted, or they could give false results. A Morristown criminal defense lawyer knows that such tests would be inadmissible in court and would fight to ensure that the charges would be dropped against the person.

Field sobriety tests must also be conducted properly. If the police officer makes a mistake while conducting one of those tests, the results wouldn’t count.

Illegal Checkpoints

DUI checkpoints are commonly used so that police officers can stop drivers and ask questions to see whether anyone is driving while intoxicated. However, some officers make the mistake of setting up an illegal DUI checkpoint to stop people. Any roadblocks that are created have certain legal requirements the police department is obligated to follow. If the roadblock does not follow those criteria or has not been authorized, it’s considered a violation of drivers’ civil rights.

Stopping the Wrong Vehicle

Another common DUI mistake made by the police is when an officer makes a stop without identifying the vehicle that committed the violation. At any point when an officer makes a driver pull over, they are required to testify under oath that the person they stopped committed a specific traffic violation. Even if the police have the right suspect, if they cannot identify the vehicle, the case would be thrown out.

Detaining Someone Too Long

Police are not permitted to detain a driver for too long after stopping them. If the officer keeps the individual at the scene for an inordinate time while deliberately causing a delay or intimidating them, it’s a DUI mistake that can penalize the officer. Drivers are not to be detained for too long, even if suspected of driving under the influence, as it’s considered unreasonable.

Entering a Driver’s Private Residence Without Permission

Police cannot follow a driver to his or her home to make a DUI arrest. This is considered illegal, even if the person committed a traffic violation, as it violates his or her Fourth Amendment rights.

If you have been arrested after New Jersey police made a DUI mistake and need an experienced Morristown criminal defense lawyer, contact Gregg A. Wisotsky, Esq. at (973) 898-0161 or (908) 229-9714 after hours and on weekends.

Ways You Can Defend Yourself Against a DUI Charge

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Common Defenses Against DUI Charges

If you are charged with driving under the influence, a conviction can lead to the loss of your driving privileges and other significant penalties. With a good attorney by your side, however, you can successfully defend yourself against this accusation. The most common defenses involve challenging the evidence presented.

The Improper Stop Defense

It’s not unknown for the police to stop cars without the requisite reasonable suspicion that a crime has been or is in the process of being committed. An improper stop constitutes a violation of your Fourth Amendment rights. If you can show that the stop was inappropriate, all evidence gathered during the stop will become unusable. A Morristown criminal defense lawyer can determine if your rights were violated.

Challenging the Field Sobriety Test

You may have been subjected to an improperly administered or inaccurate field sobriety test. If this has happened, you can challenge the validity of your DUI arrest. Fairly frequently, defendants challenge the HGN test, the test where the officer shines a light in the eyes and observes eye movements. Believe it or not, field sobriety tests are based more on tradition than research. This makes it relatively easy to challenge these tests in court. A Morristown DUI lawyer can advise if this is the right defense for you.

Challenging the Breathalyzer Evidence

Your attorney may choose to challenge the results of your on-scene Breathalyzer test. It is not unknown for inexperienced officers to make mistakes while using a Breathalyzer. Vomiting can warp the results of any such test. Additionally, one may reasonably ask if the Breathalyzer received appropriate calibration and maintenance.

Challenging a Blood Test’s Chain of Custody

In this legal strategy, the DUI attorney questions the execution of a blood test and how the blood sample was handled. Police and testing personnel must follow strict procedures when processing these samples. Supposing these procedures were not followed, the blood sample reading may not stand up in court.

Claiming Blood Alcohol Concentration (BAC) Disparity

This is when the defense claims the defendant’s BAC was under the allowable legal limit while the defendant was driving but rose past the limit between the time of the stop and the time of the BAC test. This can happen because consumed alcohol takes time to become fully absorbed into one’s system.

Impropriety on the Part of Police

Even if you think you might have been a bit inebriated when you were pulled over, you shouldn’t give up hope on defeating the charge. Just because you were drinking, that doesn’t mean you were breaking the law. Furthermore, every defendant automatically enjoys a presumption of innocence. It is incumbent on the prosecution to proactively prove your guilt using evidence. If the evidence isn’t there, you are entitled to an acquittal. By hiring a Morristown criminal defense lawyer, you can ensure you are given access to this or any other valid legal defense.

Though less common, the affirmative DUI defense is not unknown. In this type of defense, you don’t directly challenge the evidence. Instead, you present mitigating factors that make the prosecution’s evidence irrelevant or inapplicable. Affirmative DUI defenses include:

  • The Necessity Defense. This is when the defendant was forced to drive to stop a greater evil from occurring. For example, the defendant may have been driving to save someone’s life or deliver an injured person to the emergency room.
  • The Entrapment Defense. There have been isolated cases in which officers have encouraged or pressured people to drive while intoxicated. Fortunately, the rise of cell phone cameras has shined a light on this behavior and other types of police misconduct.
  • The Mistake of Fact Defense. It may be possible for people to drive with the honest belief that they are not intoxicated. As an example, someone may be impaired due to an unforeseen interaction between prescription medications.

Fight the Charge

Having the assistance of an experienced New Jersey criminal defense attorney can vastly increase your chances of beating a drunk driving charge. To get the legal help you need in Morristown, contact Gregg Wisotsky today at (973) 898-0161.

Defending Against Domestic Violence Charges

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Dealing With Domestic Violence Charges

Domestic violence is a serious offense. Millions of lives are affected by these charges. While the violence damages families, an unjust accusation can also have substantial ramifications.

Domestic Violence in the United States

According to the National Coalition of Domestic Violence, over 1 million women have been victims of physical assault by an intimate partner per year. While this might seem like an issue affecting women, men can also be the victims of domestic abuse. At the other end of the crime, individuals are sometimes wrongly accused of committing domestic violence. For them, defending against these charges is essential to protecting their freedom and reputation. If you have been accused or charged with domestic violence, here are some things that you should know.

Understand Your Legal Rights

You need to understand your rights to ensure that you receive a fair trial. For a domestic violence case, you have the right to:

  • Call witnesses to testify
  • Present your own evidence
  • Cross-examine the prosecutor’s witnesses
  • Evaluate all of the evidence against you

A Morristown criminal defense lawyer with experience trying domestic violence cases could be an asset in determining how to proceed.

Secure the Evidence

Evidence is the cornerstone of any court case. Never rely on the accuser to supply you with evidence in your favor. It is a good idea to supply your own evidence that can help to show what really happened.

After the charges are made, it may help to identify witnesses and get an official statement from them. Make sure to secure any videos or pictures of the incident. Physical evidence can help disprove any charges. Don’t forget about those text messages. In many cases, texts can help back up your own claims.

Give Your Own Statement

Once the police arrive on the scene, they have to follow specific procedures, including taking down statements from all parties. In some instances, the police do not approach the accused for their own statement. It’s important to be sure that your side of the story is written down for the record. In a calm voice, explain how the incident took place. Remember that your statement could be a valuable piece of evidence in court, which is also true of the responding officer’s testimony, so it’s in your best interest to remain calm.

Hire an Experienced Domestic Violence Lawyer

While you have the right to represent yourself in court, that is rarely a good idea. Domestic violence cases are filled with emotions, so it may be a good idea to take a step back. A Morristown criminal defense lawyer understands the law and can help defend you against these serious accusations.

Discuss Your Case With a Lawyer

When you meet with the attorney, explain the entire incident. Allow them to plan for gathering evidence, finding witnesses to testify, and negotiating with the prosecutor. Your attorney is legally obligated to defend you to the best of their ability, so you can trust them to handle the proceedings.

Get a Bail Bond

If you have been arrested, you might need a bail bond to get out of jail. With that, you are released from custody. The amount will depend on whether you are a flight risk and the severity of the crime. Many people cannot afford to pay the bond. In that situation, an experienced bail bond company can help with the process. You pay a percentage of the bond, and the company will cover the rest of the amount. By paying the bond, you are guaranteeing that you will attend all of the court proceedings, or there could be a warrant out for your arrest.

Abide By All Court Orders

After paying bail, you will receive a set of instructions from the court that must be followed. The date for your first court appearance will be included in that paperwork. Make sure to attend the court dates, or you could face some serious legal troubles and potentially forfeit any bond money paid.

Be Punctual for Court Dates

You should always show up on time for court. If you have been charged with domestic violence, your appearance is critical. By being punctual and well-dressed, you show respect for the court and the legal process. In court, act calmly before, during, and after the hearing. Do not appear bored by the proceedings or get angry if things are said that you don’t agree with.

Understand Limits of Your Attorney

Unfortunately, there are limitations for your defense attorney. No lawyer can promise to win your case. While some cases are easier to prove, others have many variables that may not be in your favor.

With solid evidence on your side, you have a better chance to be acquitted of the charges. No matter how the case is going, your lawyer should give you the facts, and they should discuss possible outcomes and potential strategies with you.

Defenses to a Domestic Violence Charge

Evidence can help to prove your innocence. Along with that, you need a strong defense on your side. There are several defenses that your attorney may use in the courtroom. They may use evidence to show that someone else was responsible for the crime. This evidence can prove that the defendant was not near the crime scene or had an alibi.

While domestic violence accusations are serious, some people will make these allegations out of spite. Unfortunately, this happens in contentious child custody cases. A partner may also claim domestic violence as a way to manipulate a situation. A defense attorney may look for inconsistencies in the accuser’s story by comparing it to witness accounts, medical records, and police records.

In many domestic violence cases, the defendant acted to protect themselves or their children. A self-defense strategy can work if there is a reasonably perceived threat and if the defendant was not considered the initial aggressor.

While it is rare, some individuals voluntarily consent to participate in violent actions. That consent can function as a defense against a domestic violence accusation.

The prosecution has the burden of proof in a criminal trial. If it can’t be shown that the defendant is guilty beyond all reasonable doubt, then the prosecution hasn’t met that burden. The legal system protects both the victim and the wrongly accused. If there is no conclusive evidence pointing to guilt, the jury must acquit the defendant.

Find an Attorney for Your Case

With these tips, you can be ready to face your domestic violence case. Remember that these cases are very complicated, and an experienced attorney will be a valuable asset as you navigate this process.

Gregg A. Wisotsky is ready to help with your domestic violence charge. We can help you through all parts of the court proceedings and establish a defense for your case. If you have been recently arrested, schedule a consultation by calling the office at 973-898-0161. We have eight offices in New Jersey as well as in New York City for your convenience. You can also fill out our secure online contact form.

What Are Some Good Defenses for Theft Charges?

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What Defense Should You Use When Charged With Theft?

With over 670,000 thefts occurring each year, property crime is one of the most common types of crime. Despite being incredibly common, theft can actually be a little tricky to prosecute. There are several very effective defenses for a theft charge.

You Weren’t Able to Commit the Crime

Ideally, if you did not commit the crime, you would be able to present an alibi to the police and avoid charges in the first place. However, this doesn’t always happen in the real world. If you did not commit the crime, one of the first steps your Morristown criminal defense lawyer may take is looking for proof you couldn’t have committed the crime. Finding evidence that you were not in the right place at the right time can be tricky. Your lawyer may do things like ask your neighbors for any doorbell security footage or contact a toll company for a receipt. Being able to present clear proof you were not able to access the item at the time of the theft can be an excellent defense against theft charges in New Jersey.

Someone Else Committed the Crime

Another common defense for theft charges is to show that someone else could have taken the item. Pointing the finger at someone else isn’t necessarily about trying to do the police’s job for them or attempting to frame an innocent person. Instead, it is about bringing reasonable doubt to the charges. For example, if you and another person were both in the room when an expensive watch was stolen, it’s reasonable to bring up the fact that the other person could’ve done it. Anything that makes the jury realize there is no definitive proof you were the one to commit the crime can be very useful for your case.

You Took the Property Accidentally

To be convicted of theft, the prosecution must show that you purposefully took an item that wasn’t yours with the intent to deprive the rightful owner of the property. Therefore, a valid defense that your lawyer for theft charges may use is that the whole thing was an accident. A common way that someone could accidentally take another person’s property is if they were mixed up. For example, someone who grabbed the wrong coat when leaving a party wouldn’t be guilty of theft. Another way that you may accidentally take property is if you did not have the capacity to form the intent to steal. Those who are intoxicated or mentally impaired may have a defense against theft charges.

You Were Just Borrowing the Item

Another possible defense is the idea that you did not intend to deprive the victim because you were simply borrowing the object. This defense can be a little trickier to prove because it is all about your intentions. It usually works best in situations in which the defendant had reason to believe they could temporarily use the object and promptly brought it back as soon as possible. It may be harder to prove in cases in which the defendant took an object and had no reasonable way of returning the item to its rightful owner.

The Property Is Actually Yours

Legally speaking, you can only steal an item if you did not have the right to possess the item in the first place. It is rare for a person to be charged with theft when they own the property, but this can happen occasionally. The most typical scenario occurs when two people co-own a property or when a person bought an item in an informal sale. In these sorts of disputes, you don’t have to have enough proof of ownership to take the property from the other person. Instead, your defense will just need to show you had a reasonable belief you owned the property because this can prove your lack of intent to steal. An ownership defense can also work if you can show that the previous owner voluntarily abandoned the property. If this person gave up their rights to the property before you took possession of it, you may have a legal claim to the item, preventing you from being convicted of theft.

You Thought You Had Permission

Since you need intent to be convicted of theft, one defense is claiming that you thought you were allowed to take the item. For example, a friend could tell you it’s OK to take their belonging when the item actually belongs to someone else. Or you could get confused about which item a person was telling you that you could take. These sorts of misunderstandings usually get cleared up before official theft charges are filed. However, in cases in which one party is being stubborn, there is a chance a simple misunderstanding can lead to criminal charges. To use this defense, it’s helpful to have evidence, like text messages or a recorded conversation, that shows how you ended up thinking you had permission.

You Don’t Actually Have Possession of the Item

Most theft charges use the fact that you are in possession of the stolen item as proof that you stole the item. However, actually proving that the item you have is the one that’s missing can be somewhat tricky. Many types of property are fairly interchangeable. For example, if you walk out of the store with an apple in your pocket, is it possible to tell if the apple came from the store? Occasionally, people can use this uncertainty to defend against theft charges. This defense works best when the item in question is fairly commonplace, and there is evidence of you owning a similar item before the alleged theft. Your lawyer may be able to prove that you did not have the missing property, and there was no other evidence linking you to the crime.

Your Rights Were Violated During the Arrest or Investigation

In some cases, it’s possible to avoid a guilty verdict even if there is little doubt that you took the object intentionally. Just like any other criminal case, theft charges in New Jersey follow strict guidelines. If your lawyer suspects that your rights were violated, they can have any evidence obtained by the violation thrown out. One of the most common violations is a police officer searching you or your home without proper suspicion of a crime. Other reasons can include issues like a police officer not informing you of your right to remain silent or an officer not letting you know that you can consult with an attorney. If you believe that law enforcement lured you to steal the item, you may also be able to use entrapment as a defense.

Ultimately, the right defense can help you get a more positive outcome for your case. At the Law Office of Gregg Wisotsky, we work hard to make sure our clients get a quality defense. Our team can assist you with everything from gathering evidence to filing documents promptly. To learn more about our Morristown criminal defense lawyer services, schedule a free consultation. You can reach us by calling (973) 898-0161 or filling out our contact form.

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Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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