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FAQ

Criminal Defense FAQ

Answers from Experienced Bergen County Criminal Attorneys

We understand that being arrested or investigated for a crime can be a terrifying feeling. Below are some answers to common questions that our clients have.


If you have a question or would like to speak with an attorney about your charges, call us at (201) 488-7707.


Criminal Defense

What are my rights when I am arrested?

When you are arrested, the arresting officer must read you your Miranda Rights. You have the right to remain silent and to have an attorney present while law enforcement officials are questioning you. Also be aware that anything you say can be used against you, so it is often better to remain silent than to try and explain your side. If the officer did not read these warnings to you, talk to an attorney about how this can affect your case.

Do police officers need a warrant to search you?

In general, the police do need a warrant to search your home or car. However, you can be searched without a warrant if police officers have probable cause to do so. Talk to an attorney as soon as possible if you are being searched.

Will my case to go trial?

This will depend on a number of factors. Most cases do not end in trial and are often resolved through charges being dismissed or a plea bargain. The decision is up to our clients. We always provide you with the information you need to make the choices which are best for you.

Should I choose a public defender or a private attorney?

With criminal matters, there is a lot at stake and it is important that you put your case in the most experienced and dedicated hands. A private attorney can usually devote more time and resources to each case than a public defender.

Can my charges be expunged?

In New Jersey,
expungement
is typically available only for certain criminal offenses. More serious crimes such as violent crimes and sex crimes many times cannot be expunged. There is also a waiting period before an individual can apply for an expungement. Find out if you qualify for an expungement when you contact our attorneys.

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Bergen County Criminal Defense Attorney | Law Offices of Joseph R. Donahue, LLC