What Should You Do If You’re Facing Identity Theft Charges?

October 22, 2021 by Gregg Wisotsky, Esq. Leave a Comment

Follow These Steps After Getting Identity Theft Charges

Did you know that even basic identity theft charges can lead to a 15-year prison sentence if a conviction is obtained? Identity theft charges are very serious, so you need to respond appropriately. Here are some tips for how you should handle this situation.

Find a Good Criminal Defense Attorney

Hopefully, this is actually a step you have already taken. As soon as you are arrested for identity theft, it is a good idea to stay quiet and get help from a lawyer. They can explain how the whole process works and help you avoid saying anything accidentally that might be incriminating. However, many people are surprised to be arrested for identity theft, so they might not have a lawyer ready as soon as the police show up.

If this happens, you might get a public defender assigned to your case. While public defenders do try to be helpful, they are often overworked and underpaid. You will get better care from a private attorney because they have more resources to help with your case. Furthermore, hiring your own attorney helps you find someone whose credentials and personality suit your needs. Since identity theft is a felony, it is important to have the best legal representation possible.

Cooperate With Court Dates and Other Pre-Trial Requirements

Having a good lawyer can help you a lot with this step, but you still need to try to stay on top of things. Trying to run from the police, skip court dates, or leave the state with pending charges is a bad idea. Anything that makes you look uncooperative can also make you look more guilty of identity theft.

While waiting for your trial, you need to be as responsible and accessible as possible. Check your mail each day, let the court clerk know if you change your address, and make sure you are available for depositions and other important tasks. If you have doubts about anything, check with your Morristown criminal defense lawyer. They can make sure that harmless tasks like getting rid of an old laptop do not make it seem like you are destroying evidence or doing anything else suspicious. Your identity theft lawyer can also help you make sure you are fulfilling all conditions of your bail. Being as law-abiding as possible in the days leading up to your trial can help your case immensely.

Explore Possible Identity Theft Defenses

As soon as you start working with your lawyer, they will begin preparing a defense strategy for you. This involves going over your situation and seeing if there are any factors that would keep your actions from meeting the legal definition of identity theft. Depending on what happened, you may want to use one or more of the following defenses.

The first defense is just that you were falsely accused. For example, you might state that you had nothing to do with the person’s identity being stolen, and someone else must be responsible. This defense works best in cases with little evidence against you. Remember that the court can only convict you if there is enough evidence to show you are guilty beyond a reasonable doubt. However, sometimes arguing a false accusation can be easier said than done, especially if you do not have alibis or other concrete proof you could not have committed the crime.

Another option for defense against identity theft is stating that you did not intend to commit identity theft. For identity theft to be a crime, you had to commit the behaviors for the express purpose of defrauding others. So if you did technically steal your neighbor’s private bank information but only did so because you opened their mail by accident and did not hack their account with this information, then your actions would not meet the legal definition of identity theft.

In some cases, people who have been charged with identity theft can defend themselves by claiming they were allowed to use someone else’s private information. Consider a case where your mother gives you her Social Security number and asks you to help her sign up for benefits. This would not count as identity theft because you had permission to act on your mother’s behalf. Using this defense can be very effective, but it might be hard to prove you had consent if the supposed victim insists they did not give you permission.

Another option is claiming that the case against you is invalid because there were legal irregularities in how it was carried out. Things like arresting you without cause, searching your computer without a warrant, or other similar types of misconduct can get your whole case thrown out. This is the type of defense where a lawyer’s specialized knowledge of the legal system can really be useful.

Work to Gather Evidence for Your Criminal Case

While waiting for your trial, your identity theft defense team will spend much of their time gathering evidence. This helps them prepare your case and figure out how to defend you appropriately. Of course, the police and prosecution will also be gathering evidence.

This is where your legal team steps in to help. They specifically look for things to help your case. Your defense team can help you formally request things like security camera footage that could help you prove your case. They can also recommend forensic financial experts who can go over your case and provide expert testimony for you. If any depositions, or formal interviews under oath, are required, your legal team will also assist you with conducting these sessions.

Know What to Expect at Your Trial

By the time of your court date, your Morristown criminal defense lawyer will have put together an extensive defense on your behalf. Most of the hard work is out of the way for you, but you can still take a few steps to help get the best possible outcome. To prepare for your trial, it is helpful to get an idea of what to expect.

Identity theft trials will involve you sitting in court while a jury hears evidence for and against you. For most of the trial, your job will be to dress appropriately and sit respectfully. Outbursts, attempts to attack witnesses, or behavior that seems oddly smug or gleeful may make it harder for your lawyer to present your case. In your trial, there is a chance you will be called to testify. Your lawyer should work with you ahead of time to help you prepare appropriate responses for possible questions. By respecting the legal process and following wise legal counsel, you may be able to prove your innocence or get a less severe punishment.

Ultimately, the right defense team makes a huge difference to your outcome. After being charged with identity theft, a good lawyer can help you prepare a smart defense and appropriately follow all necessary legal guidelines. At the Law Firm of Gregg Wisotsky, our team works hard to provide the best possible care for those facing criminal charges. We provide assistance throughout much of New Jersey, including Hackensack, Newark, and Jersey City. Learn more about our services by giving us a call at 973-898-0161 or by filling out our online contact form.

What’s the Difference Between Assault and Aggravated Assault?

October 18, 2021 by Gregg Wisotsky, Esq. Leave a Comment

How Are Assault and Aggravated Assault Charges Different?

In the past seven years, the number of aggravated assault charges has risen sharply. This type of crime gets confused with standard assault, but it actually has more severe penalties. Learning the difference can help you make wise legal decisions.

Which Types of Assault Are Felonies?

The main difference between assault and aggravated assault in New Jersey is their classification. The most standard type of assault, called “simple assault,” is only a misdemeanor. Also called a Disorderly Persons Offense, this charge is a lighter charge. Trials for simple assault are held in municipal court.

Meanwhile, aggravated assault is a more serious version of assault. It is far less common than simple assault, but when it occurs, it is an indictable offense instead of a misdemeanor. Indictable offenses are essentially the New Jersey version of a felony. They require a lengthier trial in a state courtroom, and being convicted of an indictable offense comes with extra consequences, such as the offense staying on your criminal record for 10 years.

What Upgrades Assault to Aggravated Assault?

Any time you inflict unwanted physical contact or threaten physical harm to another person, you commit simple assault. However, there are several things you can do that fulfill the aggravated assault definition. First of all, the offense is automatically upgraded if you committed an assault on a member of a protected class, such as a law enforcement officer, fireman, EMS responder, teacher or health care worker.

You can also get aggravated assault charges if you used a weapon during your assault, including guns, knives, or fire. Committing another crime during assault, such as burglary, can result in aggravated assault charges. The court will also look at the severity of the injuries caused by an assault. Major injuries that require a lengthy recovery are more likely to result in aggravated assault charges.

Finally, you may face aggravated assault charges depending on the severity of your crime. If you caused severe bodily injury or attempted to cause a potentially fatal injury, you may face aggravated assault charges. This means that doing something like strangling someone for a second or shoving them off a hill can be aggravated assault since it has the chance of being fatal.

Aggravated Assault Has Much Worse Penalties Than Basic Assault

Simple assault already comes with severe penalties, including up to a $1,000 fine and up to six months in jail. However, aggravated assault penalties are even worse. Consequences will depend on whether you are charged with second, third, or fourth degree aggravated assault. Depending on the charges, you can face anywhere from 18 months to 10 years in prison. You can also be fined anywhere between $10,000 and $150,000.

Defense Strategies May Vary Depending on Your Assault Type

For basic assault charges, a defense strategy often focuses on intent. You can only be convicted if you intended to cause harm, so your Morristown criminal defense lawyer might try to argue that the whole assault was an accident. It is also possible to show the assault was justified. If you were protecting yourself, you may be innocent of simple assault.

Since aggravated assault penalties are so severe, many legal defenses focus on trying to downgrade the criminal charges. For example, they might argue that you did not know there was a hill when you pushed a person, so you were not intentionally trying to cause an extremely dangerous fall. Another argument could be stating that you were not aware a weapon was nearby and you did not include the weapon in your assault. These types of defenses help to potentially lessen charges.

If you or a loved one is facing any type of assault charge, you need help from a Morristown criminal defense lawyer. Gregg Wisotsky and his team can assist you with gathering evidence to defend yourself, handling court documents, making your case in court, and more. We have offices throughout New Jersey, and we offer free consultations. To schedule an appointment, fill out our contact form, or give us a call at 973-898-0161.

Your Rights During a Traffic Stop

September 16, 2021 by Gregg Wisotsky, Esq. Leave a Comment

What Are Your Rights During a Traffic Stop?

No matter how good of a driver you are, chances are it’s happened to you: That moment of dread when you see a police car in your rearview mirror and realize that you are the one they want to pull over. As uncomfortable and frightening as this moment can be, you should understand that you are entitled to certain rights and protections during a traffic stop. If these rights are violated, you may be able to dismiss criminal charges against you. Knowing these rights — and knowing how to ensure that these rights are protected — can be critical to ensuring that you are treated fairly during a traffic stop.

Silence May Be an Option

There is a reason that you always hear about your right to remain silent. If you are pulled over, you have the right to remain silent, as does your passenger. You do not have to answer any questions at the scene. However, don’t confuse silence for non-compliance. You should listen to all commands from the police and supply identification information upon request. You should also keep your hands visible at all times, and inform the police before reaching for any documents. For the safety of both you and the officer, move slowly at all times, and make no sudden movements.

What to Do if You Are Arrested

If you are arrested for a crime, contact a lawyer immediately. Do not consent to an interrogation or sign any paperwork without a lawyer present. As someone who has been arrested, you will be entitled to a phone call. Use that call to either call an attorney or connect with a family member or friend who can do that for you. Do not answer any questions without having an attorney present.

Keep in mind: If you call an attorney, the police cannot listen to your phone call. However, they can listen to any calls you make to anyone else.

As best as you can, try to remember the names, badge numbers, and faces of any officers you interact with — particularly if you believe that your rights are being violated. This information may be important during a trial.

Rights of a Passenger

Passengers also have certain rights if the car that they are riding in is pulled over. These include:

The right to not be held liable for the criminal conduct of the driver.
The right to leave the scene of an individual, provided that the passenger is not under suspicion of committing a crime.
The right to refuse search requests without a warrant.
The right to ask questions about the nature of any detention.
The right to decline to ask questions without a lawyer present.

What Happens If Your Rights Are Violated

Being aware of your rights in the event of a traffic stop can ensure that you advocate for yourself. Unfortunately, regardless of your own knowledge, there are instances in which the police will — intentionally or otherwise — violate your rights. If this is the case, you may be entitled to have the charges against you dismissed. Furthermore, depending on the specifics of the situation, you may be entitled to certain compensation.

If you believe that your rights have been violated and you have been accused of a crime, you should immediately connect with a competent attorney. If you are in the area of Morristown, New Jersey, Morristown criminal defense lawyer Gregg Wistosky is an excellent option to help you protect your rights. Attorney Wistosky is one of the best Morristown criminal defense lawyers available and has ample experience in dealing with cases like yours.

If you have been charged with a crime during a traffic stop, and you believe that your rights were violated, contact Gregg A. Witotsky, Esq. With decades of experience in criminal defense cases, attorney Witotsky can help you address any potential criminal charges. Visit his website or call today at 973-898-0161.

How to Defend Yourself Against Wire Fraud Charges

August 20, 2021 by Gregg Wisotsky, Esq. Leave a Comment

Wire fraud is a very serious type of crime that involves defrauding someone over the phone, via the internet, or by mail, and each year, there are roughly 11,000 wire fraud cases. However, many of these situations do not end with a person being convicted because these charges can be quite difficult to prove. If you are involved in a wire fraud case, there are many potential defenses to the charges.

You Thought You Were Being Truthful

To convict you of wire fraud, the prosecution has to show that you purposefully misled the other party for the purpose of defrauding them. Without being able to show your intent to defraud someone, they cannot convict you. Therefore, one of the most common defenses to wire fraud is simply that you did not realize you were misrepresenting something.

If you thought the statements that you were making were true, then you did not commit fraud. Your defense counsel might show that you were misled by another party or present evidence of how you got confused about numbers and accidentally said the wrong thing. Remember that the burden of proof is on the prosecution, so if you say you thought it was true, they have to show beyond a reasonable doubt that you knew you were misrepresenting facts.

You Were Just Exaggerating Claims as Part of a Typical Sales Pitch

Because it often involves sales disputes, some wire fraud cases may have access to a type of defense called “puffery.” Puffery is a sales tactic where a salesperson makes exaggerations to close a deal. Statements like, “This will last you a lifetime!” or “Everyone loves these products!” are typically not meant to be cold, hard facts.

Therefore, your criminal defense attorney might be able to use a puffery defense to show a lack of intent. They can explain that you were just using common sales statements with colorful language and did not expect any reasonable person to believe you This defense usually works best in situations where your lawyer can show you were just using classic idioms, common metaphors, or other normal phrases that are never taken at face value.

You Weren’t Able to Deliver Due to Reckless Business Practices

This variation on a lack of intent defense admits you did something wrong but disputes the idea that you were trying to defraud anyone. Instead, your defense team might claim that your incorrect statements were the result of negligent business practices and not purposeful misrepresentation. This defense could be used in cases where you did something like misrepresent the amount of product available or mislead a purchaser about how well your product sells.

In these sorts of cases, your wire fraud charge might be changed to a constructive fraud charge. This is a lesser type of fraud, where the defendant is negligent and unethical but does not necessarily mean to misrepresent facts. You might still face some consequences, but they may be less severe.

You Didn’t Lie About Anything Serious

Just being able to show you said something untruthful on purpose is not enough to convict you of wire fraud. Instead, the technical definition of wire fraud is purposefully trying to defraud another party by making false claims about “material” matters. “Material” essentially refers to something that is serious or essential to the entire transaction. For example, pretending to be from a person’s bank when you are not employed by the bank would be a material misrepresentation.

However, your lawyer will take a close look at any misrepresentations you made to see how important these claims were. Your Morristown criminal defense lawyer may be able to show that anything you misled the person about was not material. If you only misled the person about something that would not reasonably affect the decision to enter into an agreement with you, you might be able to defend yourself against the charges.

You Didn’t Use Mail or Wire for Your Fraud

One surprisingly valid defense is focusing on the way you committed the fraud. Instead of denying that you tried to defraud someone, your lawyer might point out that you did not use the mail, the internet, or the telephone to further your fraudulent scheme. This defense might show up in the sort of case where someone used a fake document to benefit themselves. If the attorney can show that the defendant delivered the document by hand instead of by mail, the crime might not be wire fraud.

This is very important because it changes the way your crime is handled. Wire fraud is a federal crime that carries a prison sentence of up to 30 years. Meanwhile, non-wire fraud is a crime that is handled on a state-by-state basis. New Jersey fraud charges are usually a disorderly offense or a third-degree indictable offense. These types of crimes have a lesser sentence of around one to five years in prison and a much lower fine.

The Evidence Against You Was Illegally Obtained

In any criminal case, your lawyer will take a close look at how the prosecution obtained all the evidence against you. The government is required to follow all regulations and laws when investigating a crime. It needs a warrant or another order to authorize events like searches of your property or wiretaps of your phone. It also has to make you aware of your rights when interrogating you.

If the investigators did not follow these rules while collecting proof of your crimes, your lawyer can get the court to suppress the evidence. This essentially means that the evidence is not formally presented in court, and the jury cannot consider the evidence when making its decision. This method can be very good for your case since it can keep illegally-obtained evidence from convicting you.

Your Crime Is Outside of the Statute of Limitations

This defense is a little less common than your other options, but it can be quite effective. A statute of limitations defense argues that the alleged crime was committed too long ago for you to submit a reasonable defense against the charges. According to federal law, people cannot be prosecuted for wire fraud if it has been more than five years since the event occurred.

If you are being prosecuted for things that happened five or more years ago, your lawyer might be able to stop the case in its tracks very early on. Your attorney can show the dates to the judge and ask that the case be thrown out of court. However, there are a few legal exceptions to the statute of limitations, so be prepared for the prosecution to argue back if you try this defense.

The right defense can make a big difference in your wire fraud case. Even if your defense does not prove your innocence, it can reduce the severity of your sentence. As a trusted Morristown criminal defense lawyer, Gregg Wisotsky has plenty of experience assisting with these sorts of criminal defense cases. Our team can assist you with preparing a defense and arguing your case in court. Call 973-898-0161, or fill out our online contact form to schedule your free consultation today.

The Legality of Insider Trading

June 22, 2021 by Gregg Wisotsky, Esq. Leave a Comment

How to Differentiate Legal and Illegal Insider Trading

Insider trading is considered to be illegal in the majority of situations and can carry many potential criminal and civil penalties. In 2007, more than $13 billion worth of insider trades occurred every month. In the event that you’ve been charged with a crime related to insider trading, it’s imperative that you understand how legal insider trading differs from illegal trading.

What Constitutes Insider Trading?

There is no exact legal definition of what insider trading is. However, it mainly refers to actions that involve buying or selling some kind of security while possessing information about the security that isn’t public. If it’s believed that the information you have about a security was obtained from someone close to you and was a breach of your fiduciary duty or otherwise a breach of trust, you could be charged with illegal insider trading. Even though it’s technically possible for insider trading to be legal, years of court rulings indicate that fiduciary duty was breached in almost all cases.

Let’s say that you’ve invested a large sum of money into a pharmaceutical company. If you receive nonpublic information that the company is about to receive negative publicity as a result of a poorly managed drug trial or a bad report about medicinal side effects, it would be illegal for you to use this information to get rid of all of your stock before the information is made public. If you do, you would likely be charged with insider trading.

While insider trading cases are typically straightforward, there are situations where the legality of the case is difficult to determine. In the event that you’ve recently been charged with insider trading, it’s important that you seek help from a Morristown criminal defense lawyer like ours. We can assist you in determining what your best defense is and what kinds of penalties you should expect.

When Insider Trading Is Legal

While acts of illegal insider trading are far more common than acts of legal insider trading, it’s possible for this type of trading to occur legally. Whenever employees, shareholders, or directors buy or sell stock in their own companies, this would in most cases be considered to be legal insider trading. However, there are still guidelines that dictate when legal insider trading can occur. If you work as a corporate insider, you must report trades of your company’s securities directly to the SEC.

It’s common for traders and investors to use the information filed with the SEC to make purchasing and selling decisions with their stocks. These individuals believe that a corporate insider selling or buying stock means that they have inside information that has prompted this decision. All transactions from corporate insiders need to be filed through SEC forms 3-5.

The majority of financial quote sites provide users with information pertaining to corporate insider transactions, which are commonly displayed on insider trading pages. While this information can be helpful for investors who are attempting to guess the market, it doesn’t always pan out and can be very risky for anyone who attempts to make their buying or selling decisions based primarily on this info.

When Insider Trading Is Illegal

Even though certain insider trading transactions can be legal, most of them are considered illegal. An act of illegal insider trading occurs when someone gains nonpublic information pertaining to a security and chooses to act on this information by buying or selling a stock. Using this information to gain an unfair advantage on the market would be a breach of your fiduciary duty.

Keep in mind that the illegality of insider trading has become more defined by the courts and SEC over the past decade. Even if the “relationship of trust” between yourself and the person who provided you with the information is practically nonexistent, you could still be charged with illegal insider trading. Some of the acts that are commonly considered illegal insider trading include:

When a government employee learns of nonpublic information as a result of their role in the government
When family members, business associates, employees, or company directors trade securities after obtaining nonpublic information
When employees and corporate officers trade securities after they have learned of significant company developments
When brokerage, banking, and law firm employees obtain information from a client and use it to trade in its securities

If you gain a tip about a stock or other security that is based on nonpublic information, there’s a good chance that you would be charged with illegal insider trading. Because of how severe the SEC and U.S. courts treat illegal insider trading, it can come with heavy penalties, which could include prison time and heavy fines.

Penalties Associated With Illegal Insider Trading

The penalties associated with illegal insider trading can vary significantly and depend on the exact details of the case. If the SEC believes that you committed securities fraud, they could seek monetary damages from you via a civil lawsuit. While civil lawsuits can result significant financial penalties, these lawsuits are typically considered to be preferable to criminal charges. Along with the SEC filing a civil lawsuit, the U.S. Department of Justice can file criminal charges in regards to violations of securities laws.

While people who commit illegal insider trading can face civil liability or criminal prosecution, it’s common for both of these to occur at the same time. The extent of the penalties you face depends on the severity of the insider trading. For any individual who engages in securities fraud, the maximum jail time that could occur from this violation is around 20 years. Because this is a federal crime, the sentence would be carried out in a federal prison.

Fines are often allotted as well for illegal insider trading cases. The maximum fine for an individual is currently set at $5 million. With these penalties in mind, it’s important that you have an experienced attorney by your side if you want to reduce your charges or get rid of them entirely.

Seeking a Legal Defense From Our Morristown Criminal Defense Lawyer

Because of the severity of an illegal insider trading case, it is essential that you have knowledgeable legal representation by your side to help you craft the ideal defense for your case. There is a range of legal defenses commonly used for individuals and entities facing illegal insider trading charges. The main legal defense involves arguing that the trade was, in fact, an act of legal insider trading. This defense is even detailed under SEC Rule 10(b)5-1. If the defendant can prove that the nonpublic information didn’t factor into the investment decision that was made, it is possible that the act would be an example of legal insider trading.

Another common legal defense is to argue that the information was not material in nature or that it was already public. If the information wasn’t relevant enough to affect the purchase or sale of a security, it wouldn’t be illegal. The same is true if the material information was made public before the trade occurred. It is possible that the information was already disseminated in some manner before it was used by the defendant to buy or sell securities. It is common for this defense to be used when the information was public but not widely known. Our lawyers have handled many insider trading cases and can help you determine how your case should progress.

If you believe that you might be facing insider trading charges and would like to have thee legal assistance of a Morristown criminal defense lawyer, contact Gregg Wisotsky today at (973) 898-0161 to set up a meeting so that we can learn more about your situation and determine the best way to proceed.

Is Eyewitness Testimony Accurate?

June 18, 2021 by Gregg Wisotsky, Esq. Leave a Comment

If you have been accused of committing a crime, you might believe that testimony from someone who was there at the time would be devastating to your defense. However, the good news is that eyewitness research has revealed that these first-hand accounts aren’t always as accurate as they appear to be in movies or on television crime dramas.

How Accurate Are Eyewitnesses?

At the most basic level, the testimony of an eyewitness could confirm a state or federal charge that a person is guilty of committing a crime. However, based on impression and interpretation alone, one person could believe they saw someone do something that they actually did not. If an eyewitness mistakenly identifies a person as a culprit, the defendant could be convicted and face serious penalties, including incarceration, for a crime that they did not commit.

Research shows that 75 percent of false convictions are caused by unreliable eyewitness testimonies. How can this be the case? Aren’t people sure of who they see, especially during an event as important as a serious crime? Should not they, in theory, be the perfect person to confirm the details of what transpired on that day?

However, human memory is far from being perfect. In fact, a memory changes every time a person recalls it. This is why certain details may change, and stories seem to differ from the same person when they tell them on different days. Human memories can also be largely influenced by outside events or input; if a person is told that something happened a specific way, they are more likely to revisit their own memory and alter certain details to match what they have been told.

What Factors Influence an Eye Witness?

Eyewitness psychology focuses on exploring the different factors that contribute to a person’s perception and memory of an event. One of the biggest influences on memory is a person’s emotional state. At the time of the commission of a crime, someone is likely to be taken off guard. If the situation is dangerous, they will have increased adrenaline and likely running off a fight-or-flight response. In that scenario, their mind is going to hone in on certain details that are most relevant to securing their immediate safety or protecting someone else. This means they will miss out on other key details, which may ultimately falsely incriminate someone later.

Stress, bias and influence from others also influence eyewitness accuracy. Stress is present both at the time of an event and after; as a person rethinks what happens, the details are likely to change depending on how they feel. If they were questioned by police or investigators, the approach to questioning could influence how they recall the event. Seeing a man in a red hoodie may have been unimportant at the time, but if an officer leads questioning to identify a specific type of person, then the man in the red hoodie suddenly becomes a threat in the witness’s mind.

Eyewitness Testimony in a New Jersey Criminal Court

The best thing you can do is work with a Morristown criminal defense lawyer to determine whether an eyewitness’s report could be used against you in a court of law. A lawyer who has experience with these types of matters can gather important details and present them as accurately as possible to the court.

The New Jersey Supreme Court regulates eyewitness identifications and enforces strict standards for court proceedings. Ensuring that evidence is accurate prevents false convictions and further unnecessary stress for you.

Build the Best Case With a Morristown Criminal Defense Lawyer

If you are facing misdemeanor or felony criminal charges that are based in whole or in part on the testimony of alleged eyewitnesses, contact the offices of Greg A. Witosky, Esq., so that we can begin working on your defense strategy as quickly as possible. We know how to help our clients gather the strongest evidence and challenge erroneous testimony to the judge and members of the jury.

The Basics of Bail Bonds

May 18, 2021 by Gregg Wisotsky, Esq. Leave a Comment

The U.S. bail bonds services industry exceeds $2 billion in revenue annually and employs nearly 25,000 people. If you are arrested and need help posting bail, you may have to tap into these services. Find out how the bail bonds system works, its benefits, and its risks so you can make informed decisions if the time comes.

The Amount of Your Bail

Once law enforcement officers arrest you and book you into jail, the court sets your bail. This is a dollar amount that you must pay to be released pending your court hearing. The judge considers a number of factors in determining bail:

The severity of the criminal charges; bail for a felony is higher than for a misdemeanor.
The likelihood that you will continue to break the law if you are released from jail.
The risk that you will abscond if released before trial.

Above all, the judge must set your bail high enough so that it provides you with the incentive to appear at your court hearing. If you are facing serious criminal charges and have a history of arrests, you could be looking at a bail amount that exceeds your resources. When that happens, one alternative is to work with a bail bond company.

Working With a Bail Bondsperson

If you don’t have the cash available to post your bail, a New Jersey bail bond company may agree to act as a guarantor. It provides the court with a written promise to pay your bail in full should you fail to appear at scheduled hearings.

Typically, the bondsman requires 10% of your total bail upfront from you, a friend, or a family member. If you are facing federal charges, the company may take 15% instead. This is the price you pay for being released from custody, and it is non-refundable.

Also, you must provide collateral equal to the balance of your bail, such as your personal property. You will not have to sign over those assets to obtain a bail bond, but if you fail to appear for court and thus forfeit your bail, the bond company can take them as compensation for paying the court the balance that you owe.

For example, if the judge sets your bail at $10,000, your bail bond fee would be $1,000. You would need to have sufficient collateral for the remaining amount of $9,000. This could be your car, some real estate, or another asset of the same value. You will sign paperwork that acknowledges your non-refundable fee and your obligation to turn over your collateral if you do not show up for pre-trial court dates and your trial.

Your ability to get a bail bond is by no means a given. The bail bond business is high-risk, and companies strive to avoid losses. A few of the factors that may prevent you from bonding out of jail include:

A history of absconding
A criminal record
An inability to pay the bond or provide collateral
Having no permanent address
Having no ties to the community
The nature of the charges against you

What Happens Next?

After you have signed your paperwork and paid your fee, the bondsman will complete and present the necessary forms to get you released from jail. It is your responsibility to appear for court dates until your case reaches resolution. Your Morristown criminal defense lawyer will help you through the next steps of the legal process.

If you do not comply with the law and choose to skip bail instead, beware. Bail bond companies work hard to minimize their financial risk, and they work just as hard to collect on bad debts. If you break your bail contract, expect to be pursued for the balance of the bail, including forfeiture of your collateral.

Morristown Criminal Defense Lawyers Can Help

When you are facing criminal charges in New Jersey, get in touch with the Law Offices of Gregg A. Wisotsky. We have the legal knowledge and experience you need to navigate the court system and the bail bond process as well. Call us today at 973-898-0161 to get started.

The Decision to Accept a Plea Bargain

May 14, 2021 by Gregg Wisotsky, Esq. Leave a Comment

It is estimated that approximately 95% of guilty pleas are the result of plea bargains as opposed to a verdict reached by a jury in a trial. In most cases, unless prohibited by New Jersey law, a plea agreement will be offered to the defendant. When criminal charges threaten to destroy the lives of the defendant and their loved ones, they might wonder if a plea bargain is worth accepting.

How the Courts Decide When to Offer a Plea Bargain

In many criminal cases, the prosecution has too much evidence against the defendant. There is little possibility that the case would be dismissed. If a guilty verdict is reached, the sentence could be significant prison time. It is situations such as these where a plea bargain should be considered a valid option. Your Morristown criminal defense lawyer can help you decide if a plea bargain is right for your case, but the ultimate decision is entirely yours to make.

When a plea bargain is offered, the prosecution is required to follow specific sentencing provisions set by the New Jersey Code of Criminal Justice. Any offers that the prosecution may extend to the defendant are based on the range of sentence possibilities for the criminal charges in question. Plea bargain offers usually align with the midpoint of the range of sentencing possibilities.

If a case qualifies for a plea agreement, the judge might advise both the prosecution and the defense to consider a plea deal. Even when recommended by the courts, the judge is not obligated to accept the proposed deal. If a deal is not accepted, the prosecution and the defense can continue to negotiate an alternative deal the court might be more willing to accept.

What Role the Judge Plays in a Plea Agreement

The judge will have the final word by having full discretion over whether to accept or reject the proposed plea deal. His honor will carefully weigh factors such as the severity of the crime, the character criminal record of the defendant, why the plea is being negotiated, and if the plea deal is in the best interest of both the victim and the general public.

A defendant cannot enter a plea until the judge accepts the arrangement. When presented with a plea deal, the judge has several options. These include:

Accepting the plea deal as presented
Rejecting the plea agreement and supplying reasoning behind the decision to reject it
Choosing to defer the decision until there is time to review the pre-sentencing report
Accepting the terms of the plea agreement but rejecting the terms of the sentencing
Recommending that the defendant pleads without a deal in place

If the judge recommends that the defendant pleads without any deal, it is usually an indication that the judge may be considering a lesser sentence than that being presented by the prosecution. Once the deal has been accepted, the defendant must immediately plead guilty to the charges as they appear in the deal.

Criteria for Plea Bargains

In addition to the sentencing provisions mentioned above, there are five criteria that must be met in order for a plea negotiation to be possible. Your Morristown criminal defense attorney can advise you as to whether you can expect an offer of a plea agreement. The five criteria are:

The case must be prosecuted by either a municipal prosecutor, county prosecutor, or the attorney general of New Jersey.
The defendant must have legal representation, or they must have waived their right to counsel.
Before the plea can be made, the prosecutor must confirm that the defendant has been consulted about and agrees to such a plea.
The matter being pled needs to be on record that it is within the municipal court jurisdiction and that it does not affect any other offenses faced at the county level without agreement from the prosecutor from the county.
Any sentence recommended as a result of the plea agreement cannot be less than the mandatory requirements for that offense.

Types of Plea Bargains

It is important to remember that a plea bargain is an admission of the defendant’s guilt. When there are criminal charges, there are set sentencing guidelines that are applied. A plea agreement will set the punishment, potentially reduce or change the charges, or set other requirements for fulfilling the penalty requirements. There are three types of plea agreements:

When there are multiple charges, a plea agreement may be offered for the defendant to plead guilty to one charge in order to have the other charges dismissed.
The prosecution may offer sentencing minimums in exchange for a guilty plea.
The prosecution might offer charges that are reduced from the original charges in order to obtain a guilty plea from the defendant.

Plea agreements are actually quite common. Sometimes, there will be other conditions such as probation or an agreement to testify against someone else. Plea agreements are less expensive than a trial for both the prosecution and the defense.

Charges Where a Plea Bargain Should Be Considered

While there are many criminal charges that have a good chance at trial with the right Morristown criminal defense attorney, if a defendant faces charges where the prosecution has a good case against them, pleading down your charge is a good option. There are also some charges where the prosecution is prohibited from negotiating a plea. There might be a plea agreement that offers you other options as well. Charges where you should always consider a plea include:

Moving violations
Drug possession
Drug possession with intent to distribute
Crimes involving threats made to another person
Driving under the influence (DUI) or driving while intoxicated (DWI)
Assault and other violent crimes
Domestic violence
White collar crimes
Internet-related crimes
Juvenile charges
Theft

Plea agreements are most commonly offered to those who are first-time offenders. Defendants with a long history of criminal activity might not be given this option.

The Importance of Retaining a Morristown Criminal Defense Lawyer

If you are facing criminal charges, you should not go to court without understanding every aspect of the process you will be facing. You need to be aware of the mandatory sentencing requirements that would come with a guilty plea or verdict and if there is a possibility of a plea negotiation with the prosecution. You will need to be ready to prove your character, too. If you have a history of prior criminal activity, you need to know how your priors will affect your current case. If a plea deal is offered, your attorney can help with negotiations and know whether or not you should accept the offer. It is most helpful to have someone on your side who is familiar with the judges and prosecutors in the Morristown court system.

Criminal defense lawyer Gregg Wisotsky has been practicing in the Morristown area for more than 30 years. He can help you with every aspect of your criminal charges. Contact us today at 973-898-0161 if you are ready to discuss your situation.

Everything You Need to Understand About Wire Fraud

April 21, 2021 by Gregg Wisotsky, Esq. Leave a Comment

A Comprehensive Guide to Wire Fraud

When one party defrauds another via an electronic communication, this would be considered the white-collar crime that is known as wire fraud. In 2019 alone, over $220 million was lost as a result of real estate wire fraud. The prosecution must prove several elements in order for a wire fraud conviction to occur.

What Does Wire Fraud Entail?

Wire fraud involves any kind of fraudulent activity that occurs via signals, pictures, sounds or writings that are effectively transmitted through a wire. These methods could include radio, fax, telephone, internet or television. In order for someone to be convicted of wire fraud, the prosecution for the case will typically be tasked with proving that:

The individual created a scheme to commit wire fraud
The individual intended to commit wire fraud
A wire-based technology was used to complete the scheme in question

When looking at the scheme aspect of wire fraud, there usually needs to be intent for a conviction to occur. If the defendant planned to make a false or misleading statement to accrue money or an item of value from another entity, fraud has likely occurred. Participating in wire fraud without knowing that you are doing so is not enough to obtain a conviction. On the other hand, a conviction can occur if fraud was a foreseeable result of the action.

Keep in mind that wire fraud convictions can occur even if the scheme was ultimately unsuccessful. Many different actions constitute wire fraud. Using any kind of interstate communication device to transmit materials would be classified as wire fraud. As mentioned previously, these messages or transmissions can be sent through the radio, telephone, internet, television, email and fax machine. Wire fraud can also occur when one individual pressures another person to perform a wire transfer.

Wire fraud can occur as a part of bank, insurance or tax scheme. The types of information that can be transmitted in an attempt to commit fraud include improper statements that were made to investors or customers, incorrect income documents, and fraudulent bank statements. Wire fraud is considered to be a serious offense and the penalties are severe if a conviction is obtained.

Some Examples of Wire Fraud

Many cases of wire fraud involve the act of defrauding businesses, and it is very common for banks to be the victims. Another common example is when false insurance claims are made in an attempt to obtain compensation for injuries or other losses that did not actually occur. While many cases of wire fraud involve businesses, it is important to understand that it is common for someone’s personal financial information is targeted as well.

Hackers who gain access to someone’s bank account or credit card information could be convicted of wire fraud if the information was used to obtain money for their own benefit. Wire fraud can happen if financial information is obtained as a part of telemarketing fraud, phishing or internet scams. Phishing is a serious cyberattack that involves using deceptive websites or emails to obtain personal information from unsuspecting individuals.

Perhaps the most famous example of wire fraud is the highly-publicized scam involving a “Nigerian prince.” The scam begins with an email that’s sent to an individual by an alleged member of Nigerian royalty. This email will contain details about an unfortunate situation that the sender is in and that has made him unable to gain access to his bank account. The “prince” will then request bank account information from the recipient of the email so that he can deposit his money into the account for a short period of time.

If the email recipient complies with the request, the bank account information will be used to get access to the account and all the funds that are available in it. Despite the obvious nature of this particular scam, wire fraud can also be subtle and difficult for someone to avoid, which is why the penalties are severe.

Penalties Associated With Wire Fraud

There is a range of serious penalties that is associated with a wire fraud conviction. When someone has been charged with having committed it, resolving the case doesn’t always involve getting the charges overturned completely. There are times when the goal of the defense will be to reduce the penalties and obtain a lighter sentence. Wire fraud is a federal crime, which means that the penalties are consistent no matter where you live.

One of the more notable aspects of potential wire fraud penalties is that every specific instance of wire fraud is considered to be a separate act.. As an example, let us assume that someone sends 10 emails to different recipients in an attempt to commit wire fraud. Each email would count as a single act of wire fraud, which means that the penalties can accrue quickly. Even though wire fraud is a federal offense, each state can choose to pursue additional charges that occur in conjunction with the federal allegations.

The federal penalties that are attached to wire fraud include:

Fines of as much as $250,000 for individuals
Fines of as much as $500,000 for companies and organizations
As long as 20 years in a federal prison

Keep in mind that the potential penalties are stiffer if the wire fraud involves a federal financial institution or a federal disaster. Federal disasters must be declared by the current president.

Potential Legal Defenses for a Wire Fraud Case

If you have been charged with wire fraud, it is highly recommended that you seek the advice and counsel of our Morristown criminal defense lawyer. We can help you build your defense to identify the most appropriate strategy for your specific situation. Several legal defenses are commonly used in cases involving wire fraud, and they can include a lack of the requisite intent, puffery, and a mistake of fact. “Puffery” occurs when someone uses exaggerated claims or statements in an attempt to sell a product. If these statements are made over the phone or by email, they likely wouldn’t result in a conviction for wire fraud since the customer should understand that the statements aren’t wholly accurate or representative of the product in question.

A lack of intent is an affirmative defense that can be used when the defendant didn’t intend to commit wire fraud. The prosecution is tasked with proving that the defendant intended to commit fraud, which is very difficult to do. As for a mistake of fact, a wire fraud conviction depends on the defendant making misleading or false statements. However, the defendant may have believed these statements to be true, which means that the false information wasn’t being communicated intentionally. Wire fraud cases can be complicated, which is why there are numerous defenses that can be used.

Are you currently being investigated for wire fraud? If so, the defense strategies that are used in your case will likely play a substantial role in the results. Call our Morristown criminal defense lawyer today at (973) 898-0161 to discuss your matter. We have offices located throughout the state of New Jersey in Parsippany, Jersey City, Springfield, Elizabeth, Newark, Freehold, Mount Laurel, and Hackensack, and we also have offices in New York City and Decatur, Georgia.

Types of Behaviors That May Count as Embezzlement

April 17, 2021 by Gregg Wisotsky, Esq. Leave a Comment

Behaviors That Are Considered to Be Embezzlement

Whenever an individual steals property or money from a business partner, another person, or their employer, it’s possible for this theft to be considered embezzlement. To understand how widespread embezzlement is, employee theft results in businesses losing upwards of $50 billion per year. There are many different actions and behaviors that could constitute embezzlement, which you should be aware of if you’ve been charged with this crime.

Examples of Embezzlement

Before detailing the many different examples of embezzlement, keep in mind that this crime differs from larceny or fraud. In order for embezzlement to occur, the embezzler must have permission to directly handle the property or assets that they misused. Embezzlement only happens when the individual takes the property. The most common forms of embezzlement can be separated into two categories – employee embezzlement and property embezzlement. The main examples of employee embezzlement include:

Taking money from a cash register
Taking kickbacks or bribes
Altering the time records for employees
Charging more for a product and taking the difference
Changing the books to hide stolen money or losses
Taking office supplies to your home
Placing vendor checks into your personal bank account

Property embezzlement occurs when you have been trusted with someone else’s property, which is usually money. The main difference between property embezzlement and employee embezzlement is that the owner of the property generally isn’t a company. Examples of property embezzlement include:

Using your relative’s Social Security payment
Selling property of an estate and pocketing the proceeds without taking its heirs and beneficiaries into account

Penalties Associated With Embezzlement

Since most embezzlement cases are state charges, the penalties associated with the charge will differ depending on the state where the activity took place. In New Jersey, the penalties attributed to embezzlement depend on the amount of money or property value that was taken. In the event that the value is lower than $200, the crime could result in as many as six months in jail and fines that reach as high as $1,000.

For property valued between $200 and $500, it’s considered to be a fourth-degree crime, which results in 18 months of jail time and up to $10,000 in fines. If the value is higher than $500 but lower than $75,000, the crime would be a third-degree offense, which results in three to five years of jail time and as much as $15,000 in fines. If the property that is embezzled amounts to more than $75,000, you could be charged with a second-degree offense, which can come with jail time of five to 10 years and as much as $150,000 in fines.

How Our Morristown Criminal Defense Lawyer Can Build Your Case

Our Morristown criminal defense lawyer has the experience and knowledge necessary to assist you in challenging the allegations. If you’ve been charged with embezzlement, there are three defenses that are commonly used in these situations. The possible defenses that could be used with your case include entrapment, duress, or a lack of intent. There are also four things that the prosecution needs to prove in order for embezzlement charges to stick, which include:

The defendant must be aware that taking the money would be a crime.
The defendant must be aware that they aren’t allowed to use the money.
The defendant must intend to steal money from the owner or company.
The owner or company must give the defendant control over the money in question.

If all four of these things can’t be proven, it’s possible that the offense would be classified as theft or larceny. It’s also possible that the defendant was unaware that they weren’t supposed to use the money or property that they were put in charge of. In almost all situations, embezzlement is a complex issue that requires a strong legal defense to ensure that penalties are minimized or avoided altogether.

When you contact our Morristown criminal defense lawyers, we can assist you in building a strong case that takes every possible strategy into account. Call us today at (973} 898-0161 to get started.

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