Criminal Law Frequently Asked Questions

Have you been charged with a crime? If so, you undoubtedly have questions about your future and what comes next in the criminal process. Please read our criminal law FAQs below for answers to common questions about criminal law.

Otherwise, feel free to schedule a free consultation at Markowitz O'Donnell, LLP, in Trenton, New Jersey. The sooner you contact our firm, the sooner we can start building a strong defense case on your behalf.

Do I Really Need a Criminal Defense Attorney?

While it is not technically a requirement to have a criminal defense attorney, it is highly advisable. Without representation, you face an unfamiliar and often harsh criminal law process alone. An attorney can help you seek the most favorable resolution of your case.

I Am Being Investigated for a Crime. Should I Hire an Attorney, or Just Wait It Out?

If you are being investigated for a crime, you should immediately talk to a criminal defense attorney. The prosecution is actively working to gain evidence against you. A criminal defense attorney can actively work to protect your rights throughout the investigative process, as well as when (and if) criminal charges are filed against you.

Can I Be Arrested for Possessing a Drug That I Don't Have a Prescription For?

Yes. Possessing a prescription drug without a prescription is considered a crime. Possessing too many prescription pills (more than what is stated in the prescription) is also considered a crime. Possessing a large enough amount can be considered drug trafficking or distribution.

Find out more about prescription drug crimes.

If I Am Convicted of a Sex Crime, Will I Have to Register as a Sex Offender?

Individuals who are convicted of many sex crimes — including criminal sexual contact with a minor and sexual assault — are required to register as sex offenders in New Jersey. Registered sex offenders may be required to notify the police anytime they move, and may be restricted in where they can live (not close to a school, for example).

Can the Police Search My Car or House Without My Consent?

Law enforcement generally need a warrant to search your car, house or other property. If your car was searched without your consent — and the police did not have a warrant or probable cause to search it — any evidence that they gather may not be admissible in court. Talk to one of our attorneys to find out if illegal search and seizure applies in your drug case.

What Are the Consequences of a DWI Conviction?

If you are convicted of drunk driving in New Jersey, you will likely lose your license, face large fines and insurance surcharges, face potential jail time, and more. You will also be required to complete New Jersey's Intoxicated Driver Program (IDP). Talk to a criminal defense attorney about ways to protect yourself if you are facing charges for an alcohol-related offense.

What Is an Expungement, and Do I Qualify?

An expungement is the sealing of criminal records. When an individual obtains an expungement, previous convictions will not show up in criminal background checks. Additionally, the individual can say that he or she does not have a criminal record when asked by potential employers, when applying for an apartment, etc. Learn more about expungements.

Criminal Defense Questions? Contact Us Today.

If you have additional questions or wish to speak to a lawyer about your criminal charges, please contact us online or by telephone at 609-482-3138 or 866-437-1189.