Newark Criminal Defense and Eyewitness Identification Lawyer

If you have been charged with a crime in New Jersey, there are two very key components to minimizing penalties or dismissing a charge. One is understanding your rights when you are being interrogated or arrested. The second is having an attorney who is knowledgeable regarding these rights and knows what arguments to make on your behalf.

Criminal Defense and Eyewitness Identification

There have been recent changes in eyewitness ID (identification) and search laws that may affect your particular case. Violations of your constitutional rights can result in suppression of evidence against you. If the suppressed evidence is crucial to the prosecutor's case, that can lead to negotiations and even a dismissal.

Learn more about your eyewitness ID and search and seizure rights. Contact us at the law offices of Joseph D. Rotella. Our Newark criminal defense and eyewitness identification lawyer has 25 years of experience in successfully defending his clients. Let him use this experience for your case.

Changes in Eyewitness Identification Laws

Laws have radically changed in regard to eyewitness ID issues. The New Jersey Supreme Court has recognized the actual value of eyewitness ID: that it is often flawed, in error and leads to false convictions. The case State v. Henderson changed the way police and prosecutors must now conduct out-of-court identification as well as jury instructions. Jury instructions must draw attention to the jury about how eyewitness ID can often be misleading and incorrect. This is very key because whenever a case involves a witness (and nonpolice officer), eyewitness ID becomes the important issue. Many times defense attorneys are not aware of these, and to the detriment of the client do not push them strongly.

Changes in Illegal Search and Seizure Laws

There have been changes within the last few years in how motor vehicle searches are to be conducted. Police must now obtain a vehicle search warrant absent proper consent to a search. A huge caution is to never sign a consent to search your vehicle. Police have to get a warrant, and you are doing yourself a disservice if you consent.

In some cases, police will use pressure tactics to convince you to consent, effectively waiving your rights. These threats include getting a warrant if you don't consent. However, there are very limited situations in which police can search your car without consent or a warrant; they are limited to exigent circumstances or having probable cause.

Once a vehicle is searched without a warrant or consent, there is a viable motion that can be brought to suppress evidence on motor vehicle stops. If suppressed, prosecutors do not usually have a case, and thus it results in dismissal. That is why it is so important you understand your rights and these significant changes in the laws. Only an attorney like Joseph Rotella, who is conversant with these laws, can aggressively position you for negotiations, a favorable plea or even earn a dismissal.

Contact an Experienced New Jersey Illegal Search and Seizure Attorney

Contact Newark criminal defense lawyer Joseph D. Rotella for a free consultation today at our law firm. He can discuss with you the events leading up to your arrest, what rights you have and whether they were violated. The sooner you obtain his help, the sooner he can start working on your defense.

Providing Experienced Criminal Defense for Those Throughout Essex County, Union County, Hudson County, Morris County and Passaic County