If you or a family member are facing criminal charges, it can be one of the most challenging and trying circumstances a person and their family ever confront. You need to take control, and the first step in that process is to contact the experienced criminal defense attorneys at Epstein Ostrove. We can help you understand the charges and evaluate the proofs against you. Most importantly, we have the knowledge and experience to plan a vigorous defense.
Whether you are charged with a Disorderly Persons offense or an Indictable Crime, such as assault, homicide, sexual assault, burglary, theft, robbery, possession of drugs (CDS), endangering the welfare of a minor, white collar crimes, kidnapping, weapons, arson, eluding, shoplifting, violations of probation or parole, harassment, criminal mischief, Megan’s Law offenses, official misconduct or juvenile charges. We provide the most aggressive, results-based representation.
Criminal defense attorneys analyze evidence, interview witnesses, review official law enforcement reports, and try to negotiate deals with prosecutors. The types of deals that a New Jersey criminal defense attorney can negotiate include reduced charges, shorter sentences, and lower bail.
Above all, the best criminal defense lawyers know how to argue cases by using one or more of the most common types of defenses.
Our highly-skilled criminal defense lawyers in New Jersey handle a wide variety of charges ranging from DWIs to first-degree murder. The criminal defense attorneys at Epstein Ostrove know how to develop defenses that protect the rights of their clients, as well as address the unique factors that produce the five common criminal charges in the United States.
● Property crimes. This includes theft, burglary, unauthorized operation of a motor vehicle arson or robbery.
● Alcohol-related crimes. This involves driving while intoxicated, as well as being under the influence of alcohol when committing another crime.
● Controlled substance crimes. This includes both possession and distribution.
● Violent crimes. This includes assault, battery, kidnapping, and homicide.
● Fraud. Technology has dramatically increased the number of fraud cases, especially when it comes to the Internet.
A criminal defense attorney can help by using defenses that prove reasonable doubt for your case. The evidence presented during a criminal trial must be persuasive enough that no reasonable juror would question a defendant’s guilt. That high burden placed on the State to prove your guilt allows for the criminal defense attorneys at Epstein Ostrove work to undermine and raise doubt about the evidence against you.
The criminal defense attorneys at Epstein Ostrove can use one or more of the following criminal defenses to help prove your case:
● Mistaken identity
● Entrapment by law enforcement
● Defendant has a verifiable alibi
● Misconduct by law enforcement (forced confession)
● Falsely accused
● Involuntary intoxication
● Violation of the United States Constitution
The United States and the New Jersey Constitution play a large role in providing you with protection from the enormous power of the State. Law enforcement must establish probable cause to execute a search warrant, arrest a suspect, or search personal property. If there was not probable cause, we will file a motion to suppress any evidence that law enforcement personnel illegally acquired. Even minor violations of your rights can result in evidence being thrown out and potentially result in the criminal charges being dismissed.
In the case of State v. Bryant, 227 N.J. 60 (2016) the New Jersey Supreme Court reinforced how seriously the Court will take an allegation that a defendant’s constitutional rights have been violated. In the Bryant case, police responded to a domestic violence call. When they arrived at the house, the police searched the defendant’s house, they had him safely secured on his couch. Then they, as a “protective sweep”, searched the house to make sure another person was not present. When they saw a small amount of marijuana, they then obtained a search warrant. Armed with the warrant they later found a large amount of drugs and weapons.
Both the trial Court and the Appellate Court found the officers were justified in “sweeping” the apartment for their safety. However, the New Jersey Supreme Court disagreed. Citing the sanctity of a person’s home, the Court found the officers here lacked reasonable and articulable suspicion that another party was present, much less that another party posed a danger to officer safety. The protective sweep was thus insufficient to establish an exception to the warrant requirement, and any evidence found as a result of that sweep—even if it was found in plain view—must be excluded and suppressed as fruit of the poisonous tree.
State v. Bryant, 227 N.J. 60, 64 (2016)
Our criminal defense attorneys will also explore any potential alibi you may have. An alibi asserts that defendant could not possibly have committed the crime charged, because, at the time the crime was committed, the accused was elsewhere. Our own Courts recognize that “few defenses have greater potential for creating reasonable doubt as to a defendant’s guilt in the minds of the jury than an alibi.” State v. Mitchell, 149 N.J. Super. 259, 262, (App.Div.1977).
However, if there is an alibi defense, the defendant needs to notify the prosecutor as early as 10 days after being asked for the names of any witness who will provide an alibi for the defendant.
If that is not done the trial court has the authority to not allow you to call this witness. This could prevent a defendant from presenting testimony which could raise reasonable doubt. This is why hiring the right attorney who will investigate any potential alibi witnesses and meeting the obligations of notifying the prosecutor is critical.
N.J. Court Rules, R. 3:11-1
N.J. Court Rules, R. 3:11-2
Eyewitness misidentification is an outsized contributor to wrongful convictions. Nationally, 69% of DNA exonerations — 252 out of 367 cases — have involved eyewitness misidentification, making it the leading contributing cause of these wrongful convictions.
It is critical to know the stringent requirements that New Jersey mandates police adhere to in obtaining an eyewitness identification. Even expert witnesses can be retained to point the Court in how a particular identification was flawed, either because of the police failing to meet the requirements of a proper line up or simply the inherent bias or limitation of a witness under the circumstances.
The more a court and jury is educated, the fairer the result for a defendant will be.
“How Eyewitness Misidentification Can Send Innocent People To Jail”, Innocence Project, April 14, 2020
The experienced criminal defense lawyers at Epstein Ostrove can be the difference between you walking away from a criminal charge or facing serious repercussions. Don’t put your future in the hands of a timid or inexperienced lawyer. At Epstein Ostrove, our years of experience and knowledge of the law and New Jersey criminal courts can be your best opportunity to put this difficult situation into past so you can move on with your future.
Contact the highly rated team of criminal defense attorneys at Epstein Ostrove today to discuss any questions you may have. Let’s discuss how we can help you get more out of your case.