How Will a Property Crime Conviction Affect the Rest of My Life?

December 6, 2021 by Gregg Wisotsky, Esq. Leave a Comment

What Are the Consequences for a Property Crime Conviction?

Property crimes entail the unlawful destruction or theft of property when no threat or actual violence is taken against a person or an animal. They are some of the most common types of crimes and include larceny, theft, motor vehicle theft, burglary, vandalism, arson, and shoplifting. In 2019, law enforcement investigated nearly 7 million property crimes nationwide, and those crimes caused more than $15.8 billion in losses and damages.

Penalties for Criminal Mischief

Criminal mischief is also called vandalism. It involves the intentional and malicious destruction of another person’s property whereby the damage or property loss exceeds $100. In New Jersey, it’s the lowest level of property crime. It carries the least potential penalties of all types of property crimes, and if you are convicted of this crime in New Jersey, you may face fines of up to $500, in addition to court costs. You may be ordered to serve probation or a short jail sentence.

Third- and Fourth-degree Property Crime Penalties

Arson, theft, and motor vehicle theft convictions for third-degree and fourth-degree crimes carry jail or prison sentences, probation, and fines. If you’re convicted of a fourth-degree property crime, you may owe up to $10,000 in fines, and you may be ordered to serve a prison sentence of up to 18 months. For a third-degree property crime conviction, the court may order you to pay up to $15,000 in fines and to serve a term of up to three to five years in prison.

First- and Second-degree Property Crime Penalties

Convictions for second-degree property crimes may result in the court ordering you to pay fees of up to $150,000. You may be ordered to serve a term of up to 10 years in prison, and you may have an additional term of parole. For a first-degree property crime conviction, the court may order you to pay up to $200,000 in fines. You may be required to serve a prison sentence of 10 to 20 years.

Negotiation for a Lesser Penalty

A common strategy criminal defense lawyers use to reduce the penalties of property crime convictions is to negotiate for a lower grade of crime. If no person or animal was harmed, the court may agree to such terms. Such negotiations require the experience of a criminal defense lawyer.

Court Latitude in Sentencing Offenders for Property Crimes

The court has some latitude for sentencing offenders who are convicted of property crimes. An offender with a criminal history may receive a longer sentence. Anyone who is a violent offender may also receive a longer sentence. If an additional crime took place along with the property theft or destruction, the offender may receive a longer sentence. For example, if the offender was 20 years old at the time of the crime, and their 14-year-old sibling joined them, the 20-year-old individual may also be charged with contributing to the delinquency of a minor.

Why Legal Representation Is Important

A criminal conviction for property crimes stays on an adult’s record. This conviction could have a serious impact on your ability to rent an apartment or get a job. The higher the degree of the crime, the more seriously employers, landlords, and others will regard the situation. A conviction of a second-degree property crime could make your future difficult. Working with a Morristown criminal defense lawyer helps you protect your rights and your personal and financial future. Your lawyer may use a range of strategies in your defense. Working with a criminal defense attorney also helps you understand the charges against you and the court process for trying the case.

A criminal defense attorney protects your rights, explains the legal process to you, and handles the details of the court process. If you find yourself facing property crime charges, it’s critical to understand the potential penalties and how they’ll affect the rest of your life. To schedule a consultation with our Morristown criminal defense lawyer, contact us at 973-898-0161, or complete our online form here.

10 Things You Should Know About Probation

December 2, 2021 by Gregg Wisotsky, Esq. Leave a Comment

Everything You Need to Know About How Probation Works

On average, roughly 4.4 million people each year are on probation. Also called parole or a suspended sentence, this legal punishment comes with many rules. If you want to avoid more jail time, fines, or other problems, you need to be aware of how probation works.

Probation Isn’t a “Get Out of Jail Free” Card

In many situations where a person is a first-time offender, their Morristown criminal defense lawyer may be able to argue for a sentence that uses probation instead of jail. However, even though probation might not be as restrictive as jail, it is still important to take it seriously. Whether you get probation right away or get it after you leave jail, it’s possible for your probation to be revoked. If you violate the terms of probation, you can be placed in jail for the duration of your sentence.

You Have to Pay Extra for Probation

Many people assume probation is a free government service. However, the reality is that it is an added expense that the government does not cover. You have to pay the cost of probationary supervision which can be somewhere from $10 to $600 per month. Willfully disregarding your fees may lead to imprisonment. Due to the way the law is worded, you cannot be placed in jail for not having money to pay your fines. However, if you have money but choose to spend it on luxuries or frivolous expenses instead of probation fees, you can be jailed.

All Sorts of Activities Can Break Probation

While you’re on probation, your activities are very strictly controlled. Each person has their own individual set of probation requirements, and breaking any of these rules counts as a probation violation. Depending on the circumstances of your crime, you might end up dealing with one or more of these rules of probation:

Take steps to pay back any parties you harmed due to criminal activity
Support any children or other dependents and pay child support on time
Turn in any firearms and do not purchase more
Do not spend time with those engaging in criminal activities
Do not drink alcohol or do not drink excessive amounts of alcohol
Attend a substance use treatment program or other court-ordered therapy
Only take controlled substances as prescribed by a doctor

You Give Up Your Right to Avoid Warrantless Searches

Being on probation ends up reducing the amount of privacy you have. Agreeing to probation means the probation officer or law enforcement officers can search you at will. This can include both searches of your person and searches of your property. You will need to be prepared for searches at any time. To reduce the risk of a search turning up evidence of probation violations or other crimes, it’s important to pay close attention to the rules of your probation and consult with a probation attorney.

You Usually Cannot Just Sit Around While on Probation

Part of being on probation means you need to be making steps to rehabilitate and avoid a life of crime. The exact rules can vary a little, as the court sets specific requirements for each person. It is common for people to have to try to get a job. If you are not employed, you need proof that you regularly submit job applications. In some cases, people may not need a job, but they might need to perform community service. You can end up having to volunteer a certain number of hours each week.

Probation Doesn’t Always Mean Face-to-face Meetings

Most people picture probation as a situation that involves regularly walking into an office and talking to a parole officer. However, this is no longer the case. Most modern probation involves only a few in-person meetings. Later on, you can usually meet them through a video call or a phone call. This means that probation can end up being more flexible than you might think. However, keep in mind that this is left to the discretion of your probation officer. If you seem untrustworthy or uncooperative, you might have more in-person meetings.

Don’t Plan on Traveling Far During Probation

The general rule of thumb is that you cannot travel outside of the state while on probation. However, keep in mind that probation terms are altered to suit individual situations. Your probation may further restrict your travel or give you more opportunities. If you do not want to end up in jail, it is your responsibility to be aware of and follow travel restrictions. When you do need to travel outside of the boundaries you were given, you will need to ask for permission far in advance.

Penalties for a Probation Violation Can Vary

If you violate probation, you will not necessarily end up going to jail. When you violate probation, you must go before a judge for a probation violation hearing. In some cases, you might be able to defend yourself or explain mitigating circumstances. It is possible to violate parole and still stay on probation. The judge might just make your restrictions more severe or extend the overall length of your probationary sentence. However, the court does have the option of revoking your sentence. In these cases, you can end up in jail for the amount of time on your original sentence. For example, if you committed a misdemeanor that comes with a maximum penalty of one year in jail, then violating probation could lead to you being in jail for one year.

Your Relationship With Your Probation Supervisor Matters

A probation supervisor is not just a person who checks off forms and oversees drug tests. Instead, you should expect to spend quite a bit of time in communication with them. Developing a relationship with your probation officer can be a good thing. When they know you are generally trustworthy and responsible, they are more likely to loosen your restrictions. If you are rude, uncooperative, or dismissive to your probation officer, you could receive stricter rules.

There Are Different Types of Probation

Keep in mind that there are technically two types of probation in the state of New Jersey. Supervised probation is what you probably think of as traditional probation. It has a lot of rules and requires regular check-in with a probationary officer. Unsupervised probation, which is also called non-reporting or informal probation, is more lax. This type of probation means you do not have an officer to report to. However, you have to occasionally go to the court for check-ins, and you still need to be careful to avoid committing other crimes.

There are many situations where going on probation can help you avoid a longer prison sentence. However, it does come with fairly strict guidelines. If you are facing legal charges and hope to get off with just probation, you need to understand the rules and be confident you can follow them. It’s a good idea to speak with your Morristown criminal defense lawyer and see how probation really works. Gregg Wisotsky is here to help with all your questions about criminal charges. To learn more about our services, fill out our contact form or call us at 973-898-0161.

Why Do DUI Charges Sometimes Get Dismissed?

November 5, 2021 by Gregg Wisotsky, Esq. Leave a Comment

What Are Common Reasons to Get a DUI Charge Dismissed?

Did you know that one in four DUI cases end up getting dismissed? Law enforcement officers are supposed to follow all sorts of guidelines when handling DUIs, and breaking any of them can cause the judge to throw out the entire case. Here are some of the most common reasons that a DUI charge can get dismissed.

The Traffic Stop for Your DUI Wasn’t Legal

Just like any other criminal case, the evidence against you can only be used if it was obtained legally. An officer has to have a reasonable suspicion that a crime is being committed for stopping your vehicle in the first place. This can include anything like breaking a traffic law or being witnessed leaving a bar while visibly intoxicated. If the officer pulled you over while you were driving safely and normally, your case could be thrown out.

You are especially likely to have a case for dismissing your charges if there is reason to suspect bias. In situations like DUI checkpoints, officers are supposed to remain neutral and use a targeting method like searching every fifth car. If you think a biased officer targeted you based on your financial status, race, gender, or age, it’s worthwhile to speak to a Morristown criminal defense lawyer.

Your Sobriety Test Results Weren’t Accurate

Failing a blood test or breath test doesn’t necessarily guarantee a guilty conviction. Your DUI lawyer may be able to cast doubt on the accuracy of the test results. The most common reason for dismissing a DUI case based on sobriety test accuracy is if the officer used broken equipment or failed to calibrate the equipment correctly. Certain medications and foods can also impair the results of a Breathalyzer.

You can also cast doubt on the outcome if the test was not conducted promptly. In the case of blood tests, they are only valid evidence if they are properly labeled and handled. If there is doubt that your sample was uncontaminated, your case could be thrown out. Blood tests also have to be conducted promptly. If your sample sits for days, alcohol levels elevate naturally due to decomposition, so the results are skewed.

The Arresting Officer Didn’t Follow Legal Procedures

In any potential arrest for DUI, police officers have to follow several legal procedures. They have to read you your Fifth Amendment Miranda rights and give you the opportunity to speak to an attorney. If this did not happen in your DUI case, you have a very strong reason to get your case thrown out. Without being notified of your rights, any evidence you gave to incriminate yourself is no longer valid.

There can also be other minor mistakes that can get your whole case thrown out. In some cases, things like a law enforcement officer failing to sign a complaint or writing down your Breathalyzer results may affect your case. If basic procedural mistakes occur, your lawyer can argue that there is not enough valid evidence to charge you with a DUI.

A Non-Standard Sobriety Test Was Used

Not all police officers use breath tests or blood tests to determine sobriety. If they asked you to do something like recite the alphabet backwards, your Morristown criminal defense lawyer might have grounds to ask for case dismissal. Certain non-standard tests are challenging to complete whether a person is sober or drunk. If the only reason for your DUI charge was failing some complicated test, your lawyer may be able to get your case dismissed.

As you can see, these sorts of issues come up fairly regularly. With help from a talented lawyer, you may be able to get the charges thrown out. The Law Office of Gregg Wisotsky is here to help with your DUI case. Even in situations where a dismissal isn’t possible, the right representation can still potentially improve the outcome of your case. Ready to schedule an appointment at one of our Morris County offices? Give us a call at 973-898-0161 or send us a message now.

What Are the Potential Punishments If You’re Convicted of Sex Crimes?

November 1, 2021 by Gregg Wisotsky, Esq. Leave a Comment

Understanding the Consequences for a Sex Crime Conviction

With over 165,000 people imprisoned for rape or other forms of sexual assault, sex crimes are one of the most common reasons for imprisonment. There are usually mandatory minimum sentences imposed on people who commit sex crimes, and you might encounter other consequences as well. Here are the sorts of punishments you can expect to face for sex crimes in New Jersey.

Jail Time

Depending on the type of crime, a person may face anywhere from six months of jail time to life imprisonment. There are several factors that go into jail time. First of all, the court will take a look at the type of sex crime you are charged with. The most severe crime is sexual assault which is the legal term for rape. It involves sexual penetration where the victim was unwilling or unable to consent. There is also a type of crime, called sexual contact, which refers to things like touching or molesting without penetration. Finally, there is lewdness, a type of crime that involves unwanted or inappropriate sexual behavior without actually touching the victim.

Next, the court will consider whether the New Jersey sexual offense is “aggravated.” Aggravated crimes involve factors that make the punishment more severe. Sexual assault or sexual contact is upgraded to an aggravated sexual offense in cases where the victim is underaged or related to the perpetrator. It can also be an aggravated offense if the perpetrator severely injured the victim, used a weapon to commit the crime, or committed another crime alongside the sex crime. If the offender was a teacher, police officer, or other authority figure who used their position to sexually harm someone, their crime might count as an aggravated crime.

Keep in mind that New Jersey does have mandatory minimums for most sex crimes, but the court can choose to increase the prison sentence if circumstances warrant more jail time for sex crimes. Here are some of the common prison sentences associated with types of sex crimes:

Aggravated sexual assault in the first degree: 10 years to life
Sexual assault in the second degree: Five to 10 years
Aggravated criminal sexual contact in the third degree: Three to five years
Criminal sexual contact in the fourth degree: 18 months to two years
Lewdness in the fourth degree: Six months

Fines

Prison sentences are the only one of the sex crime penalties that are legally required after a conviction. However, the court does have the option of adding fines on to their sentence. These fines are meant to both punish the perpetrator and compensate the victim. The exact amount varies quite a bit depending on your circumstances and the type of deal negotiated by your Morristown criminal defense lawyer.

For a fourth-degree sex crime, the court can charge you a fine of up to $10,000. If the crime is a third-degree crime, you can get a fine of up to $15,000. When charged with a second-degree crime, the penalty can be up to $150,000, and first-degree crimes can come with a fine of up to $200,000.

These fines go directly to the government. In addition to these fines, you might also have to pay a fine to the victim. To calculate this amount, the court first looks at the financial value of the victim’s injury. They may take into account both physical and mental harm and consider things like payment for medical bills or lost wages due to the injury. Then the court can assign a fine of up to double this amount.

Megan’s Law Registry

If you are convicted of a qualifying sex offense in New Jersey, Megan’s Law also requires you to register as a sex offender. You will have to fill out a form and submit it to your local police department. Then the Division of State Police will post information about you on a publicly searchable website. You will have a duty to notify the registry if your location changes, and failing to do so can result in more criminal charges. Failing to register can lead to more fines and more time spent in prison.

Registration is not technically meant to be a punishment for sex offenders. It is simply meant to help keep the community safe. However, it does end up meaning that sex offenders lose a lot of their right to privacy. Unlike other crimes, your current address, vehicle type, age, description, and type of offense will all be public knowledge. This can make it harder to get jobs, gain approval for apartment applications, and otherwise reintegrate into society.

Restrictions on Certain Behaviors

The majority of sex crimes just result in basic jail time, fines, and being on the sex offender registry. However, the court has a lot of freedom in assigning punishments, as long as they are not cruel and unusual. Due to the nature of certain sex crimes, the court might place additional restrictions on a person’s behavior. This can include things like bans from participating in events or using certain services that would provide access to potential victims.

Even if restrictions are not placed on you by the court, you can still run into them. Those who are convicted of sex crimes are often ineligible for things like teaching at a school or signing up for certain social media sites. New Jersey does not have state-wide restrictions on where sex offenders can live, but some counties and towns may have their own rules in place. This can prevent you from living near schools, parks, or other similar areas. Many social media companies, including Facebook, also ban sex offenders from using their sites.

Civil Lawsuits

Civil lawsuits are not an official punishment for sex crime convictions, but it’s still worth being aware of this possibility. Any time a person believes they were harmed by your negligent or unethical behavior, they can sue you. Sexual assault victims can potentially ask for compensation to help with things like therapy and medical bills. They can also sue the perpetrator for pain and suffering, loss of enjoyment, and loss of ability to be intimate with their partners.

Most civil sexual assault lawsuits end up being “he said/she said”-type situations that are hard to prove. However, if you’ve been convicted of a crime, the other party’s case gets a lot easier. Since a conviction involves proving guilt beyond a reasonable doubt, it makes it much simpler for someone to sue you. They can point to the criminal case against you as proof of their claims. If you lose a lawsuit, you can then end up having to pay even more money to the victim.

As you can see, there are all sorts of official and unofficial consequences associated with sex crime convictions. If you are facing charges, it is important to speak to a Morristown criminal defense lawyer as soon as possible. They can assist you with things like proving innocence or negotiating lighter charges. As one of the leading criminal defense attorneys in the Morris County area, Gregg Wisotsky is here to help. Schedule a free consultation by calling 973-898-0161 or filling out our online contact form.

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.

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