Criminal Defense/DWI

CRIMINAL LAW

The lawyers at Aiello Harris represent defendants arrested or charged with offenses involving homicide, assault, sexual assault, robbery, possession of drugs (CDS), burglary, theft, juvenile, endangering the welfare of a minor, white collar crimes, arson, kidnapping, weapons, eluding, shoplifting, violations of probation/parole, Megan's Law, harassment, criminal mischief, and official misconduct.   We also represent defendants involved in forfeiture proceedings.  Our attorneys are ready to vigorously defend you and provide representation from arraignment to trial.

If you have been charged with committing a crime, you should have an attorney who is familiar with process, the prosecutors, and the courts.  You should also have a lawyer that has the trial experience necessary to defend your rights in the courtroom and make sure that justice is served.  The attorneys at Aiello Harris have the knowledge, experience, and skills to protect your rights and ensure that you are not wrongfully convicted.

In New Jersey, you can be charged with one of three types of crimes/offenses.

Indictable Offenses

An indictable offense is the most serious of all offenses in New Jersey.  They are considered crimes unlike the offenses listed below.  Often times people refer to these offenses as felonies, although New Jersey has abolished that term.  An indictable offense can range in degree from 1st degree – which is most serious, to 4th degree.  Types of indictable crimes are:  Possession of drugs – cocaine, heroin, LSD, etc; Drug Distribution; Theft; Vehicular Homicide; Aggravated Assault; and Murder.  If a person is charged with an indictable offense, he/she could face a substantial time period in prison, in addition to heavy fines and a permanent criminal record.  As with violations of city ordinances and disorderly/petty disorderly person offenses, your criminal record can only be removed after applying for an expungement.

Disorderly Person Offenses and Petty Disorderly Person Offenses

A Disorderly Person or Petty Disorderly Person offense are the most minor offenses that  one can be found guilty of under the New Jersey State Criminal Code.  These types of offenses often include possession of marijuana under 50 grams, disorderly conduct, simple assault, harassment, shoplifting, and other petty crimes.  If one is found guilty of a violating a disorderly person or petty disorderly person offense they can face fines and/or jail and under some circumstances, a suspension of his/her driving privileges.  In addition, this information may become a part of the person’s permanent criminal record which can only be removed by making an application to the court for an expungement. 

Township/City Ordinances

A Township or City Ordinance is a law enacted by the municipality which prohibits certain types of conduct.  Often times, these laws cover everything from property and building maintenance issues to personal behavior.  If one is found guilty of violating a township ordinance, he/she can face serious financial penalties and the possibility of jail.  In addition, this information may become a part of the person’s permanent criminal record which can only be removed by making an application to the court for an expungement. 

If you have been charged with the violation of a law, you have rights.  First and foremost, you have the right to an attorney.  You should not speak to the police until you have spoken to a qualified attorney who is experienced in handling criminal matters.  The attorneys at Aiello Harris have the experience and knowledge to protect your rights and defend you against criminal charges.

Expungements

If you have been arrested and/or convicted of a crime, you probably have a criminal record.  You will also have a criminal record even if you received a conditional discharge or PTI.  Often times, employers require background checks before hiring a potential applicant and if you have a criminal record – no matter how long ago it occurred – you can bet that you will not be hired.  However, all is not lost.  The lawyers at Aiello Harris are well versed in the laws concerning expungements and may be able to help you. 

The attorneys at Aiello Harris might be able to remove your criminal record and give you a fresh start.  However, not everyone is entitled to an expungement, there are certain general requirements.  In order to find out if you are eligible for an expungement, contact a lawyer at Aiello Harris for a free consultation over the phone. 

NEW JERSEY DWI/DUI LAW

Driving while intoxicated (DWI) is a serious offense in the State of New Jersey.  You must have theright lawyer who is experienced in handling this type of case in order to assure your rights are protected.  The lawyers at Aiello Harris have this experience and are ready to represent you during this difficult time.

In order for the police to stop a motor vehicle on the roadway, the officer must first have a basis for effectuating the stop.  After the person is initially stopped or contacted by the police (possibly at a "sobriety checkpoint"), he is usually asked incriminating questions without any Miranda advisement of rights and without any right to consult with an attorney. He is then subjected to a series of "field sobriety tests" under physically and emotionally difficult conditions — tests which are nearly impossible for most people to perform well.

After the arrest, the suspect is then required to submit to breath testing, usually at the police station — and, again, without any right to speak with an attorney. Contrary to popular belief, the breathalyzers used by the police are inaccurate and highly unreliable and many officers administering them are unfamiliar with proper procedures. If the suspect refuses, or if the police feel he is not cooperating to their satisfaction, the person can be charged with a violation of refusing to submit to a breathalyzer test which carries the same penalties as a DWI/DUI. 
 
The individual now must deal with a prosecution in the court where he will be charged with driving under the influence of alcohol (or, possibly, driving under the combined influence of alcohol and drugs).  Under New Jersey law, a person is guilty of DWI if his BAC at the time of his arrest was .08% or greater.   However, the penalties do vary depending on the percentage of BAC at the time of arrest.  For a first offense, a person with a BAC of .08% - .10% could lose his/her license for a period of four (4) months, while a BAC of .10% and above could lose his/her license for a period of (7) seven months to one (1) year.  N.J.S.A. 39:4-50 .  A person who refuses to submit to a breathalyzer test can lose his/her license for seven (7) months.

These proceedings can be effectively handled by an experienced attorney who specializes in blood-alcohol analysis and drunk driving cases. It is an unfortunate fact, however, that many general practitioners or general criminal attorneys attempt to represent clients with little or no training or experience in this very complex field — and the results are predictable.  Therefore, you should hire a lawyer at Aiello Harris where we specialize in DWI/DUI matters and are dedicated to defending our clients.

For more information on DWI/DUI matters, please click on one of the following links:

Field Sobriety Tests, Blood, Breath & Urine
Penalties for Driving While Intoxicated (DWI) 
Refusing to Take the Breathalyzer

In every criminal defense matter, the goal of Aiello, Harris, Devero, Marth & Schiffman is to obtain the very best outcome possible.

For a free initial consultation with a Somerset, New Jersey DUI lawyer at Aiello, Harris, Devero, Marth & Schiffman, call 908-561-5577, or contact us online.

The Right Law Firm Means More Money

Serving clients across North and Central Jersey including the cities of Watchung, Bridgewater, and Somerville in Somerset County, Newark and West Orange in Essex County, Elizabeth, Scotch Plains, Springfield, Plainfield, and Cranford in Union County, Clinton and Flemington in Hunterdon County, New Brunswick and Edison in Middlesex County, Hackensack in Bergen County, Patterson in Passaic County, Morristown and Florham park in Morris County, Hoboken and Jersey City in Hudson County, Phillipsburg in Warren County, and Freehold, Colts Neck and Marlboro in Monmouth County.