New Jersey Criminal Attorneys
Next to one’s life, there is nothing more important to a person than their freedom. Thus, the choice of a criminal attorney is perhaps the single most important decision a person facing a loss of their freedom or driving privileges will ever make in their life.
With all of the Government’s resources and power being utilized in an effort to incarcerate, financially punish and strip an individual’s driving privileges, having a Supreme Court Certified Criminal trial lawyer and former prosecutor with a proven track record of results, and not just talk, is absolutely necessary. If you’ve been charged with a crime there’s a big problem coming your way, whether it’s the federal, state or local government and you need a great lawyer to stand between you and those that are trying to cause you serious damage to your freedom, your wallet and potentially your family and entire life. You need an experienced, intelligent and aggressive trial lawyer, unafraid to stand up on your behalf.
At Schiller McMahon, our Firm undertakes a comprehensive, detail-oriented, data-driven approach to criminal litigation, geared to obtaining a dismissal or the very best possible outcome for every Firm client.
In many regards, a criminal defense attorney is similar to a medical doctor. Instead of a medical problem, someone has a serious legal problem that could impact their freedom, their finances, and the rest of their life. An experienced criminal litigator will immediately assess whether or not there’s something emergent that needs to be done, such as interviewing witnesses, obtaining evidence, collecting records, and doing those things that are time sensitive, such as attempting to collect DNA, ballistics or other biological or forensic evidence. Once the initial investigative portion is complete, then an attorney has to acquire all the evidence, all the discovery, and review it all, just like a doctor would review an MRI or an x-ray. The goal in every criminal case is always an outright dismissal and obtaining for the client the best possible outcome.
- Investigation and Discovery. The first phase is to obtain all the information, put all the paperwork in with the court and the prosecutors, and ensure any time-sensitive investigative work is completed. Further, the Firm will immediately request that all that information known as discovery, this includes police reports, witness statements, there will generally be radio transmissions of the police, calls between witnesses and the police, 911 calls, body cameras, police car cameras, surveillance cameras and more. We also assess biological evidence, forensic evidence, and ballistic evidence, if available. All of these things have to be reviewed and if a disposition or a negotiated outcome is offered by the government that’s acceptable to the client, it’s potentially resolvable at that point.
- Filing Motions. Sometimes, when reviewing the discovery and evidence, you learn that the government did something wrong. When the government does something wrong, there are certain rules in place such as, for example, the exclusionary rule, which essentially, if the police do something wrong in either stopping you or searching you, it can potentially lead to the suppression of the stop or the search and the evidence, and ultimately a dismissal of the case.
Thus, after reviewing the information in discovery the first thing we assess is whether there is a winnable, outcome-altering motion. Whether it’s a motion to dismiss for a lack of evidence, a motion to suppress for violating the Fourth Amendment to the United State Constitution or Article 1, Paragraph 7 of the New Jersey Constitution, or a motion related to an identification problem, the full range of applicable and relevant motions will be considered, and if there’s not a good motion, then this firm is not going to recommend the filing of same, and waste the client’s time or money with something that will not improve the situation. We’re interested in long-term relationships with our clients, not maximizing profit.
That said, if we do see a motion that we think has the ability to win the case outright, we discuss the pros and cons of that with the client and then we will pursue that route or use the motion issue to negotiate an appropriate resolution. Depending on the outcome of the motions, which are generally pre-trial, it may or may not go to trial in front of a jury.
- Trial One of the advantages you have at this firm is both Mr. Schiller and Mr. McMahon are both certified by the Supreme Court of New Jersey as criminal trial attorneys. That’s something that’s held by a very small percentage of attorneys in the state of New Jersey. Furthermore, we both have extensive enormous jury trial experience, which most attorneys quite simply do not have. Our records and our backgrounds both as prosecutors and as defense attorneys are widely available on this website
Whether it be a mistaken fact or legal infirmity, Schiller McMahon’s former prosecutors are trained to leverage and take advantage of any and all mistakes the Government makes in seeking a full-blown dismissal of every matter we handle. And while the truth is that not every case can result in a dismissal of all charges, Schiller McMahon will use their education, training, and experience to obtain the very best outcome possible in every single matter we handle for every single client. Contact us today for a free, confidential consultation.