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Frequently Asked Questions About Criminal Defense

Facing a police investigation or an unexpected arrest in New Jersey is a high-stakes situation where every word and action matters. When your reputation, livelihood, and personal freedom are on the line, having immediate access to reliable information is critical for your protection. At DiLorenzo & Rush, we believe that an informed client is a well-protected client. Below, explore the answers to common questions to learn how to safeguard your future.

The police want to question me. What do I do?

If the police attempt to question you, the most effective way to protect your rights is to remain silent and request legal representation immediately. While officers may suggest they are offering you an opportunity to explain your point of view, providing a statement without counsel can inadvertently lead to you being arrested or unintentionally providing the prosecution with damaging evidence.
Navigating a police encounter requires a balance of courtesy and firm boundary-setting to ensure that you do not jeopardize your legal standing. Steps to follow include the following:
  • Exercise your rights: Clearly state that you do not wish to speak to them without an attorney present
  • Maintain composure: Be polite and calm during the interaction; asserting your constitutional rights is not the same as being uncooperative.
  • Consult a professional: An attorney can evaluate the situation to determine if speaking to investigators is beneficial or if total silence is the safer strategy.
Relying on professional legal advice rather than attempting to talk your way out of a situation is a smart, protective measure that ensures that your words will not be used against you later in court.

I think I might be charged with a crime or arrested. What should I do?

Your priority should be contacting a criminal defense attorney with extensive experience managing cases from inception through trial. While a friend who practices law may offer to assist, it is vital to retain a criminal law professional, as the strategic decisions made during the initial stages of a case often dictate its final outcome.

If an arrest occurs before you have secured legal counsel, you should manage the interaction with these specific actions in mind:

  • Exercise restraint: Cooperate with the officers during the arrest process and avoid any physical resistance.
  • Invoke your rights: Clearly state that you wish to speak with a lawyer before deciding whether to answer any questions or provide a statement.
  • Avoid self-advocacy: Do not attempt to talk your way out of the situation or resist, as these actions typically worsen your legal position rather than helping it.

Maintaining your composure and remaining silent until you can consult with a professional is the most effective way to prevent early mistakes from negatively impacting your defense.

When is a good time to contact an attorney?

If you know you are under investigation, speak with an attorney immediately. If you suspect police are investigating you or preparing to file charges, an experienced criminal defense lawyer can contact detectives directly to gather information on your behalf. Prompt legal intervention allows your counsel to begin investigating the case immediately, which is essential for securing time-sensitive evidence that may be helpful to your defense.

What should I do if there is a warrant for my arrest?

If you face an outstanding charge or anticipate being charged with a crime, you should consult an attorney about a voluntary surrender. A lawyer can often arrange for you to turn yourself in to the police, preventing the embarrassment of being handcuffed at your workplace or arrested at home in front of your family. Proactively managing a surrender through legal counsel allows you to address the warrant on your terms rather than being taken into custody unexpectedly in public.

Do I have to let the police into my home?

You are not required to allow officers into your residence during an investigation unless they possess a valid search warrant. Even if the police appear friendly or casual, you should ask them to remain outside while you contact your attorney for guidance. Protecting your privacy and constitutional rights begins with requiring proper legal documentation before granting access to your home or personal belongings.

How are a DUI and a DWI different?

While many people colloquially use DWI to refer to alcohol and DUI for drug-related offenses, the legal definitions depend entirely on state jurisdiction. The state of New Jersey does not distinguish between the two terms.
The legal landscape differs in New York, where the specific charge reflects the driver’s level of intoxication and the severity of the incident. The distinctions are outlined below:
  • New Jersey: Both terms represent a single offense for any driver with a BAC of .08% or above.
  • New York DWI: This is a serious criminal charge specifically for drivers with a BAC of .08% or more, resulting in the most severe penalties.
  • New York DWAI (DUI): This is a lesser charge for “driving while ability impaired,” typically applied when a driver’s BAC ranges from .05% and .07% or if they show other signs of impairment.
Distinguishing between these charges is essential because New York’s tiered system results in significantly different legal consequences and license restrictions depending on the specific degree of impairment recorded at the time of the arrest.

Do I need an attorney for a DUI?

No one should ever face a DWI case without legal representation. The consequences in court – legal and otherwise – can have a staggering impact on a person’s life. Having an attorney review the complexities of your DWI case ensures that you are set up for a successful defense.

Potential consequences for a conviction vary based on your prior driving record and the specific details of the incident, such as:

  • Incarceration
  • Monetary fines
  • Driver’s license suspension
  • Required ignition interlocking device (IID) installation
  • Mandatory insurance surcharges
  • Attendance at Intoxicated Driver Resource Center classes

These administrative and criminal penalties are often heightened if the offense involves a high blood-alcohol level or occurs in a school zone.

If You Have Questions, We Have Answers

To schedule a consultation, contact us today by calling 718-537-9885 or 201-212-4027 or reaching out via email.