State Criminal Defense
It is said that experience is the greatest teacher. Our experience has been an education. We have been defending criminal cases since 1983, and during those 28 years, we have defended nearly every felony and misdemeanor charge on the books, including crimes of violence, drug possession and distribution, sexual offenses, fraud, theft, public corruption cases, as well as municipal court cases such as driving under the influence of drugs and alcohol, shoplifting, and disorderly conduct. We have represented people already convicted of crimes, and individuals charged with violating their parole and probation. We have handled numerous direct appeals and petitions for post-conviction relief.
An important aspect of our white collar criminal defense experience is the representation of targets and witnesses who are subpoenaed to produce documents and to testify before a State grand jury.
STRATEGY
Initially, our goal is to prevent the filing of criminal charges against you, and to provide a vigorous defense if and when you are charged. Because we are a smaller firm, we can provide you with the personalized service that you deserve, at the time in the proceedings where early action might prevent charges from being filed. Our attorneys know the court system well, and we endeavor to put your case in the best possible light – at the earliest appropriate time.
Most often, however, charges have already been filed against you before you seek the services of an attorney. In those cases, we will immediately advise you of certain steps to take to eliminate the chance that your own conduct will help the prosecution build its case against you. For example, it is extremely unlikely that speaking with a law enforcement official or prosecutor will help your case. You need to know your rights. In particular, you have no obligation to speak to a police officer, detective or investigator. If it is determined that speaking with law enforcement investigators is in your best interests, your attorneys should represent you in all interactions with law enforcement. Experienced counsel can do this in a manner that will be perceived as good management of your case, not as having “lawyered up.”
INVESTIGATION
Success in a criminal case may often depend on the effectiveness of the investigation conducted on behalf of the accused. We work with experienced investigators and start the investigation process as soon as possible. If an opportunity is lost, a witness may disappear, or a memory may fade. In a criminal case, timing can be everything. Our investigators know how to “hit the street” and find witnesses. Furthermore, we will run a full background check on the witnesses who have accused you of criminal activity to develop impeachment evidence.
DISCOVERY and MOTION PRACTICE
It is critical to pursue discovery diligently and to make a comprehensive written discovery request, with an assertive follow-up strategy. We will obtain the documents in the State’s possession which may lead to your exoneration.
Motion practice serves a very important role in the defense of criminal cases. The resources and power of the Attorney General’s Office and the County Prosecutors’ offices are enormous. Our firm believes that criminal motion practice helps to shape a criminal case to create a level playing field, which improves your chance of receiving a fair trial; enhancing your chance to win. Motions we may file in your case include a motion to dismiss the indictment, motions to suppress physical evidence, statements, and identifications, a motion to compel discovery and to compel the identity of informants, a motion for a bill of particulars, and motions to sever charges and/or co-defendants from your case.
TRIAL
Trial is where the hard work taken in the early stages of your criminal case pays off. With Schwartz & Posnock, you will receive all of the benefits of early investigation, motions previously filed, full and complete discovery, solid expert testimony, and our nearly 30 years of criminal defense trial experience. You can rely on our firm to provide a vigorous and aggressive defense and the best possible result.
Having an experienced, aggressive lawyer is critical to the success of defending a criminal case, where your liberty, job, and reputation are at stake.