NJ Carjacking Charges Lawyers

NJ Carjacking Charges Lawyers

Being charged with carjacking in New Jersey can be scary. You may be facing serious penalties like jail time. But there are experienced criminal defense lawyers who can help. This article will explain NJ carjacking laws and penalties. And give tips on finding the best lawyer for your case.

What is Carjacking in NJ?

Carjacking is stealing a car by force. New Jersey law defines it as taking a vehicle from someone’s “presence” by force or threat[1]. Presence means being close enough to have control over the car[3].

For example, if someone threatens you with a weapon and takes your car keys, that’s carjacking. Even if you weren’t in the car at the time[4].

NJ Carjacking Charges and Penalties

There are different levels of carjacking charges in NJ:

• 3rd degree carjacking – 3 to 5 years in prison
• 2nd degree carjacking – 5 to 10 years in prison
• 1st degree carjacking – 10 to 30 years in prison

Factors that make it a 1st degree charge include[2]:

• Causing bodily injury
• Using or threatening to use a deadly weapon
• Committing the carjacking with an accomplice

Carjacking penalties also include[3]:

• Fines up to $200,000
• Loss of driving privileges
• Restitution to the victim

Defenses for Carjacking Charges

There are legal defenses that can fight the charges. Here are some examples[4]:

• You didn’t actually “take” the car – For example, you were just a passenger.
• The alleged victim is lying or mistaken – You have proof you had permission to use the car or were falsely accused.
• You were forced to participate – Helps show you weren’t a willing participant.
• You didn’t know a weapon would be used – Helps fight 1st degree charges.

An experienced lawyer will investigate the facts of your case. They can determine if any defenses apply that could get charges lowered or dismissed.

Finding the Best Carjacking Defense Lawyer in NJ

Don’t go it alone against carjacking charges. The legal system is complex. A skilled criminal defense attorney can[5]:

• Negotiate with prosecutors for reduced charges or diversion programs
• Challenge any police misconduct
• Gather witness statements and physical evidence
• Work with experts like private investigators
• Prepare strong legal defenses for trial

Look for a lawyer with specific experience defending carjacking cases. Ask about their track record getting charges dismissed or reduced[1].

Also make sure they have knowledge of NJ criminal laws and courts. A local attorney is best, like someone familiar with the prosecutor’s office handling your case[6].

Meet with a few lawyers before deciding. Many offer free consultations. See who you feel most comfortable with. Who seems most confident they can fight the charges?

Don’t wait to find representation. The sooner a lawyer gets involved, the better your chances[4].

What Happens After Being Charged with Carjacking in NJ?

If arrested for carjacking, you will go through these general steps in the criminal justice process[3]:

1. Arrest – Police take you into custody.
2. Booking – You’re fingerprinted, photographed, etc.
3. Initial court hearing – A judge informs you of the charges and rights.
4. Pretrial motions – Your lawyer can file motions to suppress evidence, dismiss charges, etc.
5. Plea negotiations – Your lawyer can negotiate with the prosecutor for a plea deal.
6. Trial – If no plea is reached, your case goes to trial.
7. Sentencing – If found guilty, the judge gives a sentence.
8. Appeal – You can appeal the conviction or sentence.

Having an attorney to guide you through the process is critical. They know how to navigate the system and protect your rights.

Take Carjacking Charges Seriously

Don’t wait to seek help from an experienced criminal defense lawyer. Carjacking charges shouldn’t be taken lightly. The penalties can be severe, including years in prison.

But the legal system also provides protections for the accused. Defenses that could weaken the prosecution’s case against you. The right lawyer will aggressively defend your rights at every step.

If you or a loved one has been arrested for carjacking in New Jersey, you need strong legal counsel on your side. Consult with a lawyer right away for a free case review. They can explain your options and start building strategic defenses against the charges.

Citations

[1] https://www.newjerseycriminallawattorney.com/violent-crimes/carjacking-charges/

[2] https://criminallawyerinnj.com/new-jersey-carjacking-charges/

[3] https://gambonelaw.com/how-serious-is-theft-robbery-and-carjacking-in-new-jersey/

[4] https://www.criminallawyer-nj.com/theft/carjacking/

[5] https://www.criminallawyer-nj.com/theft/

[6] https://www.criminaltriallawyer.com/car-jacking.html

If you are convicted of a serious felony, you can appeal the verdict. Your lawyer will order the trial transcripts and file a notice of appeal with the appellate court[6].

“Imagine you were charged with a serious felony by your state prosecutor. You went to trial and, despite your attorney’s best efforts, twelve people didn’t believe your story and found you guilty.”

What happens next if you decide to appeal the conviction?

The Appeals Process

The appeals process has several key steps[6]:

• Your lawyer files a notice of appeal within a limited time after the conviction.
• The trial court assembles the formal record, including transcripts.
• You submit a written legal brief explaining why errors were made at trial.
• The prosecution submits a responding brief.
• Oral arguments may be heard before a panel of appellate judges.
• The judges issue a written decision on the appeal.

Grounds for Appealing a Conviction

There are different grounds your lawyer can use to argue the conviction should be overturned[6]:

• Procedural errors – Mistakes by the judge regarding admissible evidence, jury instructions, etc.
• Constitutional violations – Your rights against unlawful search/seizure, self-incrimination, etc. were violated.
• Insufficient evidence – Prosecution failed to prove guilt beyond a reasonable doubt.
• Ineffective counsel – Your lawyer’s performance fell below professional standards.

Appeal Outcomes

There are several potential outcomes if you appeal a conviction[6]:

• Appeal denied, conviction upheld
• Conviction reversed, charges dismissed
• Conviction reversed, new trial ordered
• Sentence reduced but conviction upheld

The appeals court strives to avoid retrying the entire case. They look for legal errors that violated your substantial rights to a fair trial.

Other Legal Options

If you lose a direct appeal, there may be other legal options like[6]:

• Requesting a reconsideration or rehearing
• Appealing to a higher court
• Filing for post-conviction relief
• Pursuing federal habeas corpus relief

An experienced appeals lawyer can advise if any additional remedies could be pursued. They can also petition for your release on bail while the appeal is pending.

Avoid Being a Carjacking Victim

Carjackings have been increasing nationwide recently[4]. Some tips to avoid becoming a victim:

• Park in well-lit areas with good visibility
• Keep doors locked and windows up in traffic
• Be aware of your surroundings when getting in/out of vehicle
• Don’t stop for strangers approaching your car
• Hold your keys so you can get inside quickly

Also beware of “bump and carjack” incidents. This is when suspects bump your car, then take it when you get out to assess damage[4].

If you are carjacked, don’t resist giving up your vehicle. Your safety is most important. Report it to police and your insurance company.

Prevent Clickjacking Attacks

Websites can also be vulnerable to “clickjacking” attacks. This is when a hidden site gets users to click on actions without realizing it[7].

For example, a decoy website may overlay an invisible layer on top. This transparently performs clicks on a target site underneath. Users think they’re clicking harmless buttons but actually trigger malicious actions[7].

To prevent clickjacking, web developers use frame-breaking scripts. These stop websites from being embedded in frames on other domains[7].

Browser extensions like NoScript also help block clickjacking by disabling JavaScript on untrusted sites. Being cautious where you click online is always wise to avoid being tricked.

Federal Carjacking Charges

Carjacking can also be prosecuted at the federal level under 18 U.S. Code § 2119[4]. The law makes it a crime to take a motor vehicle by force and violence or intimidation with intent to cause death or serious bodily harm.

Federal carjacking charges may apply when[4]:

• The carjacking involves interstate commerce (crossed state lines, used channels of interstate commerce, etc.)
• The victim was a federal employee or family member
• The carjacking occurred on federal property

Penalties for federal carjacking include up to 15 years in prison. Using a firearm during a federal carjacking can add at least 7 years up to life imprisonment[4].

The Role of Forensic Evidence

Forensic evidence can play a key role in carjacking cases. Potential evidence may include[5]:

• DNA from blood, skin cells, hair, etc.
• Fingerprints on the vehicle
• Tool marks from forceful entry
• Tire or shoe impressions
• Trace evidence like fibers or glass
• Ballistics on fired weapons

This scientific evidence must be properly collected and analyzed by trained specialists. Then forensic experts often testify about the evidence at trial.

Avoid Being a Victim

Some tips to avoid becoming a carjacking victim[1][3]:

• Park in well-lit areas with good visibility
• Keep doors locked and windows up in traffic
• Don’t open window or door for strangers
• Hold keys so you can enter quickly
• Be aware of people approaching on foot or in vehicles
• Don’t stop for staged accidents or people needing “help”
• If carjacked, don’t resist giving up your vehicle

Report any carjacking to police immediately. Try to give a good description of the perpetrator and direction they fled.

Recovery and Healing

Being a victim of a violent crime like carjacking can be traumatic. It may cause emotional distress, anxiety, trouble sleeping, etc. Don’t hesitate to seek counseling or therapy to help recover.

Support groups for crime victims can also provide coping strategies and a community of understanding. Healing takes time but connecting with the right resources makes the journey easier.

With compassion and resilience, carjacking victims can move forward in their lives. The crime won’t define you. There are always brighter days ahead.