Criminal Defense
What is the Usual Duration of a Criminal Case in New Jersey?
How long is a criminal case from start to finish? It takes as long as it takes. Attorney Ratliff reminds clients of the two year period were there was little to no movement in the criminal courts. There were no trials during the COVID lockdown, and courts were already backed, and still are. If you’re detained in New Jersey, you get priority because you have the right to a speedy trial. If you're not detained, there’s not much recourse if the prosecutor's office let’s your case linger around and decides to put it before a grand jury a year later.How long is a criminal case from start to finish? It takes as long as it takes. Attorney Ratliff reminds clients of the two year period were there was little to no movement in the criminal courts. There were no trials during the COVID lockdown, and courts were already backed, and still are. If you’re detained in New Jersey, you get priority because you have the right to a speedy trial. If you're not detained, there’s not much recourse if the prosecutor's office let’s your case linger around and decides to put it before a grand jury a year later.
How Many Cases Plea Out vs. Going to Trial?
The overwhelming amount of cases plead out instead of going to trial. Of course, if the client's innocent and has a solid alibi, or if you receive an unreasonable plea offer, then we go to trial.
When Should I Hire a New Jersey Criminal Defense Lawyer?
When should you hire a criminal defense lawyer? You should hire a criminal defense lawyer as soon as you realize you've either done something or received a notice in the mail indicating charges against you. Many times, a detective will show up at the accused’s house and leave a card. If Attorney Ratliff can get in at that point, he’s able to make things more favorable for the client. Otherwise, when the case reaches court, reports often present only one side of the story. Attorney Ratliff aims to prevent law enforcement from directly communicating with his client, ensuring they don't turn against them. At that early stage. It may seem conversational, but you could share details that shouldn't be disclosed.
What To Do When Police Contact You?
If you are being investigated for a crime, you're going to hear from a detective about what they have on you. Be aware that detectives may lie to obtain the information they need. Call Attorney Terrell Jackson right away so your rights are protected. You don't have to say a word to any sort of law enforcement agency or official. Miranda warnings state that anything you say can and will be used against you. The warning doesn't say might, or maybe. They're literally telling you that anything you tell them will be used against you.
What Should You Look For in a New Jersey Criminal Defense Lawyer?
What should you look for in a criminal defense lawyer? You should expect to find the same qualities in your lawyer that you seek in any relationship. Do they listen? Can they handle your temperament? No one calls Attorney Ratliff with good news He understands emotions are high, and the client may yell at him. It’s a serious situation. Moreover, it's not just your case; it's your family's case as well. He dedicates a significant portion of his time to communicating with family members. At least once a year, Attorney Ratliff tackles a challenging case. Maybe the evidence is strong, or there’s an outside collateral consequence. For instance, a woman had baby due in two weeks and was locked up. He spent a lot of time getting the case dismissed and it was a few days before the baby shower. Attorney Ratliff cares about his clients
What Happens at the First Defense Consultation?
At the first defense consultation with Attorney Ratliff, you and he will build a timeline of what happened. Typically, you will first have contact with law enforcement, followed by a search and then an arrest. Building that timeline helps Attorney Ratliff determine if there's a Fourth Amendment violation. However, don’t lie to him, as it’s the worst thing to do. He’s going to call the prosecutor and talk his stuff based on what you told him. You don’t want him to be blindsided, as he will lose credibility. Attorney Ratliff is essentially an investigator on your behalf. Criminal defense attorneys wear a lot of hats.
What's The Difference Between Direct and Circumstantial Evidence?
What's the difference between direct and circumstantial evidence? Often, the differences between direct and circumstantial evidence are not much. For instance, direct evidence is you had a gun in your pocket. Circumstantial evidence, for example, is, “he didn't have a gun in his pocket, but his shirt was covered in gunshot residue.” Attorney Ratliff might be able to explain the gun in the pocket. However, gunshot residue all over one's clothing is difficult to overcome, especially if the gun was discharged.
How Does Discovery Build a Defense?
How does discovery build a defense? Discovery is any sort of evidence, like police reports, video surveillance, and police body cameras, accumulated over the course of an investigation. A lot of arrests aren't week-long investigations. Typically, it involves a police encounter, a search, and an arrest. There will be significant videos, as every officer wears a body cam, and that’s where we get a lot of useful evidence. The written report only has what the officer wants in it. It’s not their job to defend you. Attorney Ratliff had a car search case where the cops based the search on a danger to an officer. Upon looking at the body camera, not only did his client get out of the car when requested, but then the officer told her to get back in it. So, she closed the door, and the windows were rolled up and tinted. The officers stood there for a good five minutes in conversation. That did not look like a fear of safety when you told someone to get back into a tinted car and stood outside and conversed with your partner for a good five minutes.
Can I Represent Myself in a Criminal Case?
Can you represent yourself in a criminal case? Yes, but the judge will put you through a series of questions to make sure you are deciding with a clear mind and understanding. However, if you go that route, you'll be treated like a lawyer. The courts will not help you with court rules and procedures. Under certain circumstances, you can have standby counsel. If you have a question, they'll be there to answer it. But as far as providing strategy, you're on your own.
How Do You Challenge Police Evidence?
How does Attorney Ratliff challenge police evidence? It depends on what it is and how plausible it is. For example, Attorney Ratliff had a suppression case in which his client was pulled over in East Camden, not far from Pennsauken for a broken taillight. The cop comes up to the car and asked why was his client in the area The client said he was coming from his mom's house. The officer wrote in his report and testified on the stand with a straight face that the stop location is far from Pennsauken. Pennsauken is about five blocks from the traffic stop location. The client was less than a mile away from Pennsauken!
What Happens With Illegal Evidence?
What happens if Attorney Ratliff encounters illegally obtained evidence? He’s always going to think that something isn’t right with a search, but he’s reasonable. He’s not going to insult anyone's intelligence. Nobody's perfect. There's always an issue, but that doesn't necessarily mean you should file a suppression. Attorney Ratliff uses it as leverage to possibly get a better deal. He is always strategic. Everyone has many cases, and no one wants to waste time. If he has a solid issue, prosecutors and DAs are usually receptive without filing a motion. They may not dismiss the charges, but it may improve the defendant’s situation.
What Is The Exclusionary Rule?
What is the exclusionary rule? Any evidence obtained after an illegal search is excluded and is inadmissible at trial. Let’s say the cops get an anonymous tip that says someone's walking around with a gun with a hoodie on. That's an uncorroborated anonymous tip, so it's unreliable. However, the police officer sees someone who is wearing a hoodie but does not have a visible gun. The officer thinks the suspect fits the description, handcuffs him, searches him, and discovers a gun. If the suspect allows the cop to search him, we have a chance of getting the charges dismissed. However, if that person flees, it may lead to a lawful search. So the exclusionary rule is very nuanced. That's why it's important for Attorney Ratliff to dig into the discovery and look at the body cams to get an accurate picture of what actually happened.
What Is an Appeal & How Does It Work?
What is an appeal and how does it work? An appeal comes after, a final judgment. For example, Attorney Ratliff files a suppression motion and it is denied. The defense would file a motion for leave to appeal, which is asking the appellate division to hear an appeal right away. An appeal is essentially saying to a higher court that the trial court got it wrong
What Happens If You Violate Probation?
What happens if you violate probation? It depends on the violation. Let's say it's dirty urine. Typically we work out a time period in which our client can come into compliance by passing a few drug tests and then meeting probation terms for 60 to 90 days. If that happens, chances are you can get continued probation. If the violation is not reporting, then you can be held with a cash bail up to 10% of $10,000. If it's a new charge, that opens up another can of worms, especially if you're detained on that new charge. If you're convicted on a new charge, you're in violation by operation of law. So we work to get sentences that are concurrent rather than consecutive. You have a right to go to trial on a probation violation. There is no jury or standard of proof, and often the situation is straightforward, such as when you fail a drug test, which can result in up to five years in prison