Frequently Asked Questions - New Jersey Criminal Law

When you have been charged with a criminal offense, the process can be overwhelming. It is in your best interest to contact a Parsippany criminal defense attorney at your first opportunity to ensure that your rights are protected and to help you understand what you are facing. My firm, The Law Offices of Christopher G. Porreca, P.C., understands what you are going through and I will fight for you every step of the way. If you have been charged or are being investigated for a crime, you may be asking any of the following questions:

  • Q: Do I have to allow the police to search my home or my car?

    A: No. Unless the police have a search warrant, you never have to consent to a search by the police. Even if they threaten to detain you until they secure a search warrant, it is almost never a good idea to consent to a search. If they do present a warrant, my firm will investigate how the secured the warrant to ensure that your rights were not violated in the process.
  • Q: If I refuse to answer questions or give a statement about any involvement in or knowledge of a crime, can I be charged due to my refusal?

    A: No. Under the Fifth Amendment, you absolutely have the right to not say
    anything that might incriminate you. The police may try to intimidate
    you into believing that not cooperating will lead to more severe consequences later. They may also promise leniency but remember, the police are allowed to lie when they are trying to get you to incriminate yourself. Don't offer them any information and don't let them bait you into an argument.Law enforcement will do everything they can to build their case against you. If you want to protect your rights, you need my firm by your side.I will not be intimidated and I will aggressively fight to protect you.
  • Q: If I am arrested, do the police have to read me my rights?

    A: Your Miranda rights must be read to you if any statement you make can be used against you. If the case against you is strong enough that the prosecution does not need a statement from you in order to proceed, the police do not have to read you your rights. The Miranda warning is required only when the prosecution intends on using your statements at trial. Never agree to speak to anyone until you consult a skilled lawyer from my firm.
  • Q: If I think I can defend myself, should I talk to the police?

    A: No. Despite your first impulse to begin defending yourself, the wisest thing you can do for yourself is remain silent until your criminal defense attorney arrives at the police station. Being arrested is nerve-racking and when people are nervous, they can share information that will end up hurting them down the road. The police officers arresting you have one objective and that is to gather enough evidence for the prosecution to incriminate you, this may or may not include the information you share with them. A legal professional will know the right time to share the right information in order to protect you from conviction.
  • Q: I intend to plead guilty; do I still need a lawyer?

    A: Absolutely. While the police and prosecution may claim to offer you lesser punishment in return for your cooperation, it is important to remember that they will always act in their own best interests first and foremost. You need an experienced and resourceful attorney from my firm to make sure that your punishment is minimized as much as possible. My firm will take the time to carefully evaluate your case and tactfully negotiate\ for a plea deal that protects you both now and in the future.
  • Q: When do I need to hire an attorney?

    A: As soon as you possibly can. If you have been charged with a crime, contact my firm at your first opportunity. If you are aware that you are being investigated for a crime, you need to contact me right away to make sure that your rights are protected. Timing is critical when it comes to the law. There are court imposed deadlines that must be met for a variety of issues that directly affect your defense. The earlier that you involve my proven firm, the sooner I can go to work to aggressively protect your rights and strategically develop a hard-hitting and effective defense.
  • Q: Should I talk to my friends and family about what happened?

    A: No. Generally speaking, anything you say to another person is not privileged meaning that it may be used against you. You should only talk to my firm, where you will have attorney - client privilege. It is in your best interest to contact me before saying anything to anyone.

Protecting Your Rights in Morris County, NJ

Facing charges for a crime is a stressful ordeal that can leave you feeling embarrassed and uncertain about your future. My firm understands what you are going through. When you contact me, you will receive the caring, personal attention that you deserve. My firm is committed to vigorously protecting your rights and fighting for the best possible outcome. The police may arrest you at any time and my firm is available to clients 24/7, including nights and weekends. I am there for you when you need me. My firm will energetically pursue optimal results for you; contact us today!

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