Essex County Criminal Lawyer Fighting for the Rights of the Criminally Accused
Helping New Jersey defendants get justice since 1955
Many innocent people are wrongly accused of crimes. Often the charges should and can be reduced. At every level and degree, the burden is on the state of New Jersey to prove its case beyond a reasonable doubt. Defendants who are charged with a crime have the right to an attorney and to confront, in court, the witnesses against them. Defendants who use legal counsel have a better chance of escaping jail time, heavy fines, and other guilt-finding consequences than those who do not employ a lawyer
Aiello, Harris, Marth, Tunnero & Schiffman, P.C.’s criminal lawyers in Essex County NJ, have been fighting for the rights of the accused for 60 years. We advocate for our clients at each stage of the criminal case from the initial arrest to the jury trial. When warranted, we file appeals to the highest court. Our lawyers have been recognized by the legal community and the state of New Jersey for our dedication to helping defendants get justice. We have obtained numerous not-guilty verdicts, the dismissal of many charges, and ample plea bargains benefit our clients.
Why having prior prosecutors defend you is an advantage
Many of the lawyers at our firm worked in the district attorney’s office or the municipal court prosecutor’s office before working at Aiello Harris. Attorney Christopher G. Aiello worked as a former municipal prosecutor. Frank Tunnero Esq. handled over 200 criminal cases as an Essex county prosecutor, including cases involving homicide, narcotics, sexual assault, and armed robbery. Anthony P. Alfano Esq. was an Assistant Bergen County Prosecutor and a Lyndhurst Township Municipal Prosecutor. He has tried numerous murder, sexual assault, drug, DWI, fraud, and other criminal cases. Other lawyers at Aiello Harris have also worked as prosecutors and law enforcement.
There are many reasons why former prosecutors make especially good criminal defense lawyers. Some of these reasons are:
- Extensive jury trial experience and bench trial experience, which helps defense lawyers understand what evidence is used, how jurors are selected, and which arguments jurors find persuasive.
- An understanding of the arguments and strategies prosecutors make, which helps greatly in being able to attack the prosecution’s arguments.
- An understanding of when prosecutors are likely to arrange a plea arrangement and what agreements they are likely to offer.
- An understanding of the communication channels between the prosecution and the police and the prosecution and witnesses, which makes cross-examination of the police and witnesses more effective.
- An understanding of how evidence Is collected and stored, which can be useful in showing breaks in the chain of custody of the evidence.
These are just a few advantages former prosecutors have. Other advantages can include understanding how co-defendant cases can affect prosecution and when Constitutional challenges may be successful
Discovery of evidence in criminal cases
Every criminal cases hinges on the evidence that is found. If evidence was obtained illegally, such as through an illegal search and seizure, our criminal lawyers in NJ will seek to suppress it.
Evidence in criminal cases is a two-edged sword. We need to determine what evidence the prosecution has so we can seek to have it dismissed, to show it is not credible, or to show it is not relevant. Our lawyers also work to gather any and all evidence that can be used to show there is a reasonable doubt about our client’s involvement.
- We demand that the prosecution release any exculpatory evidence—evidence that might reasonably show the defendant was not guilty—that the prosecution has.
- Our lawyers speak to all relevant witnesses that can help our client’s case.
- We use the preliminary hearing that determines if there is enough evidence to send the case to trial as a way of discovering what evidence the prosecution has.
Evidence includes physical evidence, test results, photographs, videos, statements, written documents, digital information, and many other forms of information.
Types of criminal cases we handle
Our Essex County criminal defense lawyers represent defendants in the following types of cases:
- Possession of a controlled substance/drug possession – Defenses to drug possession include arguing that the search of your home, car, or person was illegal and that you were not in constructive possession of the drugs. Drug treatment may be an alternative way to handle the charges.
- Burglary – Burglary is an indictable offense that is different from armed robbery. People can be charged with burglary based on entering, burglary based on remaining, burglary based on trespassing, and attempted burglary.
- Driving while intoxicated. Police can stop a driver only if they have a reasonable suspicion they were drinking while driving or committing some other traffic offense. Blood alcohol content is usually measured through a breath, blood, or urine test.
- Driving over the speed limit. Often, our lawyers can negotiate with the police or prosecution to reduce the speeding ticket to a less serious violation.
Cases are often tried in different forums depending on whether they are an indictable offense, a municipal offense, or a local ordinance offense.
Talk with the Essex County criminal defense firm recognized for its commitment to criminal justice
In all criminal cases, from the most serious to most petty crimes, it is crucial to have an experienced criminal attorney on your side to protect your freedom, save you from huge financial penalties, and to protect your criminal record. Winning cases and getting successful plea bargains requires a combination of experience, skill, advocacy, knowledge of the law, practical understanding of the legal system, and other factors. The Essex County criminal defense lawyers at Aiello, Harris, Marth, Tunnero & Schiffman, P.C. have this unique combination of abilities. To speak with one of our lawyers, please phone us at (908) 561-5577 or use our contact form.