Garces Grabler
Better Business Bureau

Criminal Defense

Reasonable Doubt at a Reasonable Cost

At Garces & Grabler, P.C., our team of Criminal Defense attorneys represent clients accused of serious crimes. The Criminal Defense Unit of Garces & Grabler are experienced in conducting a successful criminal trial practice as well as litigating all forms of criminal appeals within various venues all across New Jersey.  If you require a Criminal Defense attorney in NJ in venues including but not limited to Mercer County, Monmouth County, Middlesex County, Essex County, Union County, and the 3rd Circuit Federal Court system, we are fully prepared to assist you.

Our NJ criminal defense lawyers are ready to represent our clients in courts throughout New Jersey, in a wide range of criminal cases:

New Jersey Superior Court-Criminal Part

New Jersey Superior Court-Family/Juvenile Part

Post Sentence Relief/Appeals

New Jersey Superior Court

Federal Court

Expungements

Parole Proceedings

Frequently Asked Questions About Criminal Defense in New Jersey

 

Call a NJ criminal defense lawyer at 1-800-923-3456 to set up a free consultation, or contact us via email.

Being charged with a criminal offense is like being afflicted with a life altering disease. You must act quickly to get the most zealous and competent New Jersey Criminal Defense attorney who will aggressively defend you until you are no longer in jeopardy; or alternatively, if the proofs warrant it, minimize the pain of any potential jail time or probationary period that you may be facing.

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At Garces & Grabler, P.C., we fully recognize the emergency and have assembled a New Jersey criminal defense unit that is comprised of a team of dedicated, experienced New Jersey criminal defense attorneys who are not only knowledgeable in criminal law but who are also extremely focused and passionate about criminal defense work.

We serve our clientele through seven regional law offices extending from Newark to Trenton and are firmly established in many venues. As your “local attorneys” in five counties, we are familiar with the particular practices and positions of specific Courts and Prosecutors. “To defeat one’s opponent, one must first know one’s opponent as well as the playing field.”

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PAROLE PROCEEDINGS — Appeals, Violations

Federal Court

The accused in federal criminal court faces the federal government’s vast resources. Agencies such as the FBI, DEA, and Customs go to extraordinary lengths to prepare an intense prosecution.

Making matters worse, sentencing in federal court is governed by the United States Sentencing Guidelines, a strict and harsh code, requiring extensive legal experience for the right result.

To counter our adversaries, we have assembled a team of lawyers with extensive writing experience and professional investigators from law enforcement to provide a vigorous defense.

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New Jersey Superior Court

The Superior Courts handle all indictable and Juvenile Crimes in the State of New Jersey. An indictable crime is one that if convicted, exposes the accused to anything in excess of one year of imprisonment. Such a conviction can also result in serious collateral consequences such as deportation, loss of driver’s license, sex offender registration for life, invasive probation supervision, and debilitating restitution.

To protect you, we are staffed with New Jersey criminal defense lawyers who have tried over 200 jury cases ranging from drug distribution to sex assault to murder. Success is earned by extensive litigation of pretrial motions, such as motions to suppress evidence, and rigorous investigation and preparation. In a criminal trial court, by failing to prepare, one prepares to fail.

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Juvenile Court

Rehabilitation of children was the original purpose of the Juvenile Code. Times have changed. Parents are now faced with problem children who, through poor decisions, face extensive terms of incarceration in dangerous youth facilities. In many cases, prosecutors will even attempt to have your child treated as an adult, in adult court, facing adult consequences.

We strive to revive and emphasize the potential of the child towards rehabilitation and avoid unnecessary, excessive and destructive punishments with the aid of proven psychological experts, social workers, and a litigation team experienced in this arena.

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Post Sentence – Motions, Direct Appeal, Post Conviction Relief, Writ of Habeas Corpus

In the criminal justice system, as in life, many often learn the hardest lessons from making the wrong choices. Your future depends upon your choice in the New Jersey criminal defense lawyer you hire. We are ready to defend you to attempt to vacate a wrongful conviction botched as a result of ineffective assistance of counsel via a Post Conviction Relief application; or appeal an unfair sentence or unjust judicial ruling.

Frequently Asked Questions about Criminal Defense in New Jersey

  1. How can someone be charged with a crime?
  2. What is an arraignment?
  3. What is a grand jury?
  4. What is an indictment?
  5. What offenses constitute a crime in New Jersey?
  6. What is discovery?
  7. What is a "plea"?
  8. What is a plea offer?
  9. What are plea negotiations?
  10. What is PTI?
  11. What is a "conditional discharge" or a CD?
  12. Is a disorderly persons offense a "crime"?
  13. Will I have a record if I am convicted of a disorderly persons offense?
  14. What is an expungement and how do I obtain one?

1. How can someone be charged with a crime?
In the State of New Jersey, it is all too easy to be charged with a criminal offense or a "Felony" Crime. Probable Cause can be found to exist even from the statement of a solitary witness. It is for this reason that obtaining experienced, zealous New Jersey criminal defense attorneys is a critical step towards the strategy of developing reasonable doubt for eventual and unavoidable Court proceedings.

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2. What is an arraignment?
An Arraignment is customarily the initial stage of Court proceedings in a criminal and/or Traffic matter. It is during this proceeding that the Court formally advises the Defendant of the pending charges as well as the possible maximum penalties and consequences, if convicted. Furthermore, it is also during this proceeding that an appearance by the attorney of record is also formally accomplished.

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3. What is a Grand Jury?
A Grand Jury is routinely empanelled by a Prosecutor's Office to review submissions of criminal felony allegations. It is during this hearing that information discovered during the investigation by law enforcement is presented to a host of 23 ordinary citizens. Their role is to determine if there exists sufficient evidence to formally render an Indictment against the Defendant, thus allowing the criminal prosecution to continue. Alternatively, they can select not to render an Indictment and dismiss the charges by rendering a "No Bill" on the matter.

It is important to note that these proceedings are closed to the general public, including defense counsel, and is a necessary component of the Prosecutor to further pursue a felony complaint.

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4. What is an indictment?
An indictment is merely a complaint concerning a charge that has been presented and returned by the Grand Jury indicating that sufficient evidence exists to allow the felony complaint prosecution to continue. The Indictment, in and of itself, is not evidence of guilt or innocence. Rather, it is merely the opinion of the Grand Jury and a necessary step for the State to pursue the charges against a Defendant.

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5. What offenses constitute a crime in New Jersey?
A Crime in New Jersey is defined by our statutory 2C code as specifically enumerated criminal conduct punishable with at least 1 year or more of a term of imprisonment in a State penal system. Crimes are typically adjudicated in the New Jersey Superior Court as opposed to the Municipal Court system. Many other states commonly refer to these types of criminal offenses as "felonies".

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6. What is discovery?
Discovery is the process of information exchange. As a Defendant, both the Federal Constitution as well as the State of New Jersey Constitution provide that you have the right to confront your accuser as well as maintain effective assistance of counsel. Therefore, once the Prosecutor has completed the criminal investigation, all relevant evidence must be provided to the defense, upon demand for same. The Defense also has an obligation to provide discovery to the Prosecutor, referred to as "Reciprocal Discovery." However, the Defense is only required to provide those materials that it intends to use at trial while the State must provide all relevant materials, regardless of whether it intends to actually use them at trial.

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7. What is a "plea"?
A plea occurs when a Defendant waives one's rights to remain silent and confront their accusers through effective assistance of counsel during a trial where the State bears the burden of proving the case beyond a reasonable doubt to a jury of one's peers of 12 people. The Defendant waives these rights as well as the right to remain silent by freely and voluntarily admitting responsibility for criminal conduct.

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8. What is a plea offer?
A plea offer is an offer by the prosecutor for a recommendation to the Court for a reduction of sentence and/or the initial charges in exchange for a plea of guilty to a particular crime(s), and the waiver of various rights with the guilty plea.

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9. What are plea negotiations?
Plea negotiation is the bargaining process between the State and the Defense to determine if the matter can be resolved to the satisfaction of the Defendant and to the State prior to Trial. While the ultimate decision to allow a jointly proposed resolution belongs to the Judge, the Defendant can withdraw his plea if the agreement is rejected by the Court, and any statements made in furtherance of it to the Court cannot be used at the time of Trial.

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10. What is PTI?
Pre-Trial Intervention (PTI) is a diversionary program of probation for a period of 1 to 3 years, often available to 1st time, non-violent offenders. While maintaining a "not guilty" plea, successful completion will result in the dismissal of the pending criminal charges. A failure to abide by the program conditions, including but not limited to failing to report for random urine screenings and/or obtaining additional criminal charges during the probationary term may result in termination from the program and reactivation of the dormant criminal charge(s).

The County Prosecutor's office ultimately determines whether a candidate should be admitted into this sought-after program, as a Defendant must prove to a Court that the basis of a rejection constituted an "abuse of discretion", a very difficult standard of proof.

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11. What is a "conditional discharge" or a CD?
Similar to the PTI program, a conditional discharge is a diversionary program of probation for 6 to 18 months, available within the municipal court system to 1st time drug offenders. As with PTI, a failure to report for random urine monitoring or any new criminal charges may result in dismissal from the program and reactivation of the dormant drug charge(s).

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12. Is a disorderly persons offense a "crime"?
No. A disorderly person's offense, or "DP", often termed "misdemeanor" in other states, is punishable with a maximum jail sentence of 6 months in a county corrections facility and $1000.00 fine. Depending on the nature of the charge, the municipal judge may also suspend a Defendant's driving privileges with a DP conviction. Common DPs include, but are not limited to, assault, shoplifting, and/or marijuana and/or paraphernalia possession.

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13. Will I have a record if I am convicted of a disorderly persons offense?
Yes. A DP conviction still constitutes a criminal offense that will appear in a criminal case history report.

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14. What is an expungement and how do I obtain one?
An expungement is an application to a Superior Court to order criminal records removed from a records check conducted by a private or non-government agency. After the time lapse requirement for eligibility has expired and assuming the underlying crimes/offense(s) are eligible to be expunged, a Petition for Expungement must be prepared and filed with the Court and served on several law enforcement agencies.

Due to the detailed nature of the filing requirements, it is highly recommended that legal counsel highly experienced in the procedures be retained in order to ensure proper filing, as any errors may result in delay of the process, which customarily may be completed within 3-6 months.

Our philosophy is simple. We believe that the best legal defense should be available to everyone and that knowledge, combined with skill and passion, is power. We will represent you in any criminal proceeding in the State of New Jersey.

Consultations are free and appointments are available daily.

To speak with an experienced New Jersey Criminal Defense attorney or New Jersey Juvenile defense attorney immediately call us toll free at 1–800–923–3456 or contact us to discuss your legal matter today.

 

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