When the State Comes for You,
You Need More Than a Lawyer.

I just got arrested — what do I do right now?

Stop talking. That is not a figure of speech — it is the most important thing you can do in the next 24 hours. Do not explain yourself to the arresting officer, do not try to clear up a misunderstanding, and do not assume that being cooperative will help you. It won't. Invoke your right to remain silent and your right to an attorney clearly and immediately: "I am not answering questions without my attorney present." Then contact us. Everything you say from the moment of arrest is being recorded and can be used against you. The case against you is being built in real time. Every hour without counsel is an hour working in the prosecution's favor.

The police want to "just ask me a few questions" — do I have to talk to them?

No. And you should not. When a detective calls and says they just want to hear your side of the story, understand what is actually happening: they already have a theory, they are building a case, and they want you to fill in the gaps. You are not clearing your name — you are giving them usable statements. Under the Fifth Amendment, you have an absolute right to decline. The legally correct response to any police request for an interview — before or after arrest — is: "I would like to speak with my attorney first." Call us before you call them back.

Can the prosecutor actually prove this case, or are they bluffing?

This is the right question — and the answer depends entirely on the evidence, not the charges on paper. Prosecutors routinely overcharge. A third-degree charge that looks devastating on a complaint may rest on a single witness, a questionable search, or lab results that haven't been independently verified. The first thing we do in every case is demand discovery and assess exactly what the state can actually prove at trial. In many cases, the answer is: less than they're suggesting. Knowing that changes everything about how we negotiate — and whether we negotiate at all.

I was searched without a warrant — can that evidence be thrown out?

Possibly, and it is one of the most powerful tools in criminal defense. The Fourth Amendment prohibits unreasonable searches and seizures, and evidence obtained in violation of it can be suppressed — meaning the prosecution cannot use it at trial. This applies to traffic stops where the officer lacked reasonable suspicion, home searches conducted without a valid warrant, and phone or digital searches done without proper authorization. If the drugs, the weapon, or the contraband was found because of an unlawful search, we file to suppress it. And if it gets suppressed, the case often collapses with it. New Jersey provides even stronger search-and-seizure protections than federal law under State v. Hempele and its progeny — we use both.

Will I go to jail tonight? How does bail work in New Jersey?

New Jersey eliminated cash bail for most offenses under the Criminal Justice Reform Act of 2017. Instead of posting money, the court uses a Public Safety Assessment (PSA) score to determine whether to release you, release you with conditions, or detain you pending trial. If the prosecutor files a motion for detention — meaning they want to hold you without bail — there will be a detention hearing within three business days. That hearing matters enormously. We argue against detention based on ties to the community, lack of flight risk, the weakness of the underlying charges, and the constitutional presumption of release. Getting you home while your case is pending is one of our first priorities.

The other person is lying — how do we prove that?

Witness credibility is attackable, and we do it methodically. Prior inconsistent statements, motive to fabricate, history of dishonesty, relationship to the prosecution, and contradictions with physical evidence are all fair game at trial and in pretrial proceedings. We subpoena text messages, social media activity, phone records, and surveillance footage that tell a different story than what the witness is claiming. We also retain investigators when necessary to develop impeachment evidence the prosecution won't hand over voluntarily. In domestic violence cases, assault cases, and sex crime prosecutions — where one person's word often drives the entire charge — attacking that credibility is frequently where cases are won.

I've been charged before — does that mean I'm going to prison this time?

A prior record raises the stakes, but it does not determine the outcome. Prior convictions can affect bail decisions, eligibility for diversionary programs like PTI, and sentencing exposure — but they do not prevent a strong defense on the current charges. In many cases, the current charge is still independently defensible on the facts and the evidence, regardless of what happened before. What changes is the urgency. If you have a prior record and a new charge, the pretrial strategy and motion practice become even more critical. The time to build leverage is before the indictment, not after it. If a past conviction is itself problematic, we may be able to address that too.

My employer / nursing board / bar association will find out — what happens to my license?

For licensed professionals — attorneys, physicians, nurses, pharmacists, teachers, contractors, financial advisors — a criminal charge creates two simultaneous legal crises: the criminal case and the licensing board investigation. These run on separate tracks with different standards of proof, different timelines, and different consequences. A criminal acquittal does not automatically protect your license. A guilty plea that seems minor in court can trigger mandatory reporting obligations and disciplinary proceedings with your licensing authority. We address both tracks from the beginning, coordinating the criminal defense strategy with the licensing exposure so that decisions made in one proceeding do not inadvertently damage your position in the other.

I'm not a citizen — will this charge get me deported?

It depends on the charge, the disposition, and your immigration status — and the answer matters more than almost anything else in your case. Under Padilla v. Kentucky, 559 U.S. 356 (2010), criminal defense attorneys are constitutionally required to advise non-citizen clients about the deportation consequences of a guilty plea. Some offenses are categorically deportable — aggravated felonies and crimes of moral turpitude in particular. Others can be structured through plea negotiation to avoid triggering removal. We work closely on immigration consequences before recommending any plea resolution, and we coordinate with immigration counsel when the exposure is significant. A plea that saves you from prison but results in deportation is not a win — it is a different kind of catastrophe.

The prosecutor offered me a plea deal — should I take it?

Not before we evaluate what they can actually prove without it. A plea offer is not evidence of guilt — it is evidence that the prosecutor wants to close the case without the risk and cost of trial. Some offers are genuinely favorable and should be considered. Many are not. The right answer depends on: the strength of the state's evidence, the realistic trial outcome, your prior record, the immigration and licensing consequences of each disposition, and what happens to your life under each scenario. We will give you an honest, unvarnished assessment — not a recommendation driven by what is easiest for us. If the offer is bad, we say so. If going to trial is the right call, we will be ready to do it. See our post-conviction relief page if you have already taken a plea and are having second thoughts.