Criminal Defense

WHAT WE DO! 

Kraminsky Law, LLC represents clients throughout the State of New Jersey who have been arrested and/or charged with Indictable Offenses (Crimes), Disorderly Persons Offenses (Misdemeanors), Petty Disorderly Persons Offenses, and Ordinance Violations. We also represent clients in administrative proceedings with employers or state boards resulting from an arrest or conviction. 

We understand that dealing with any criminal matter can be a stressful time in a person’s life. The consequences of a guilty plea or conviction can have a tremendous impact on your life, career and family. It can include incarceration, substantial fines, loss of your employment, a criminal record for life, loss of your motor vehicle driving privileges, and other devastating consequences, which is why it is important to hire the right attorney to defend your interests both inside and outside of the Courtroom. Alan Kraminsky, Esq. has represented clients in Criminal Defense, Municipal Court and Domestic Violence Matters in each and every County in the State of New Jersey as well as the five Boroughs of New York. 

WHERE DO WE PRACTICE?

Alan Kraminsky, Esq. is a Bergen County Criminal Defense Lawyer, Passaic County Criminal Defense Lawyer, Morris County Criminal Defense Lawyer, Hudson County Criminal Defense Lawyer, Monmouth County Criminal Defense Lawyer, Middlesex County Criminal Defense Lawyer, Sussex County Criminal Defense Lawyer, Warren/Hunterdon and Somerset County Criminal Defense Lawyer. 

All Indictable Offenses (Crimes) are within the jurisdiction of the Superior Court of New Jersey and are heard in the specific County where the alleged crime occurred. Disorderly Persons offenses (New Jersey’s Equivalent to Misdemeanors), Petty Disorderly Persons Offenses and Ordinance Violations are within the jurisdiction of the Municipal Courts in New Jersey. 

We also service the following municipalities and more with exceptional New Jersey Criminal Defense Representation: 

 WHAT DO WE DO?

At the initial intake, we will gather all of the necessary facts and information to start building your case and explore potential defenses you may have in fighting your case. We evaluate all aspects of your case, including reviewing charging documents such as the formal summons, complaint, a warrant, indictment, or other charging instrument. Kraminsky Law will also request any and all discovery from the Prosecutor or Deputy Attorney General prosecuting your case, including video surveillance and evidence, photographs, emails, writings, lab reports, witness statements, scientific testing, blood work, hospital records and more. Kraminsky Law has also utilized the services of a private investigator, if necessary, in effort to obtain/preserve evidence that may help in your defense. The burden of proof is in any criminal case is always beyond a reasonable doubt.  The Prosecutor must prove each and every element of each offense charged beyond a reasonable doubt before a jury of your peers in the Superior Court or a Municipal Court Judge in the various Municipal Courts.  The burden can never shift to you to prove your innocence. A criminal defendant need not prove his/her innocence, the burden always stays with the Prosecutor. 

AVAILABLE 24 HOURS 7 DAYS A WEEK

Kraminsky Law is available 24 hours 7 days a week. Call us today at 973-200-3787 or email us at Alan@KraminskyLaw.com to schedule a free consultation either in person or virtually. If you have been arrested and/or charged with any crime or offense in New Jersey or New York, you should seek legal assistance from experience legal counsel that gets the job done. When you’re in that jam, you should always call Kram! Even if you have not yet been charged, but have been contacted by law enforcement, you should immediately seek legal assistance to ensure your constitutional rights are protected, including your right to remain silent. Do not speak to law enforcement without the presence of your attorney! You’re one call away from the protection and dedication you deserve. 

PAY ATTENTION

“DO NOT WAIVE YOUR RIGHTS”

“Do not build their case for them” 

“If you are arrested, it’s very simple, all you need to do is JUST CALL KRAM” 

973-200-3787

CRIMES IN NEW JERSEY

Crimes that are charged as a first, second, third or fourth degree crimes are heard in the various County Superior Courts in New Jersey. 

FIRST DEGREE CHARGES IN NEW JERSEY

Defendants charged with crimes in the first degree in New Jersey face a presumption of incarceration from 10 to 20 years or more. Defendants also face fines of upwards of $200,000.00. Most charges resulting in convictions in the first degree range are not expungable. Meaning, they are unlikely to be erased at a later time, unless a Defendant is eligible for a clean slate expungement pursuant to the laws of the State of New Jersey. However, clean slate expungements do not apply to certain felonies. 

If you, a loved one or a friend have been charged with a First-degree crime in New Jersey, you need the help of an experienced New Jersey Criminal Defense Attorney. Call 973-200-3787. 

SECOND DEGREE CHARGES IN NEW JERSEY 

Defendants charged with crimes in the second degree face a presumption of incarceration between 5 years to 10 years in New Jersey State Prison and face fines of up to $150,000.00. 

If you, a loved one or a friend have been charged with a Second-degree crime in New Jersey, you need the help of an experienced New Jersey Criminal Defense Attorney. Call 973-200-3787. 

THIRD DEGREE CHARGES IN NEW JERSEY

Defendants charged with crimes in the third degree do not face a presumption of incarceration if the matter is a first offense. Defendants not charged with a first offense may be incarcerated for up to 5 years with fines upwards of $15,000.00. Certain defendants may be eligible for probation or for enrollment and entry into New Jersey’s Pre-Trial Intervention Program (“PTI”).  

If you, a loved one or a friend have been charged with a Third-degree crime in New Jersey, you need the help of an experienced New Jersey Criminal Defense Attorney. Call 973-200-3787. 

FOURTH DEGREE CHARGES IN NEW JERSEY

Defendants charged with crimes in the fourth degree do not face a presumption of incarceration but may face up to eighteen months in New Jersey State Prison. 

If you, a loved one or a friend have been charged with a Fourth-degree crime in New Jersey, you need the help of an experienced New Jersey Criminal Defense Attorney. Call 973-200-3787. 

JUVENILE CHARGES IN NEW JERSEY 

Kraminsky Law represents youthful offenders in the State of New Jersey and New York that have been charged with various juvenile offenses. All juvenile matters are heard the Superior Court of New Jersey, Family Part.  Individuals under the age of 18 may still be charged as an adult if the allegations meet certain criteria. Parents should never allow their kids to speak with law enforcement without the presence of competent and experienced legal counsel. Remember, like on TV, anything you say against yourself can and will be used against you at the time of trial. Often, the worst evidence in any case is the statement or evidence provided directly by the Defendant to the police.

There are many diversionary programs available to juveniles to minimize the impact of any charges on the juvenile’s future.  Some of these programs are available even before the juvenile has been formally charged with an offense.  So, if there was an incident or law enforcement has contacted the parents or guardians of a juvenile, it is important to have an attorney right away.  Kraminsky Law is fully familiar with these programs and often seeks to take advantage of these programs early on in the process.

If you, a loved one or a friend have been charged with a Juvenile case in New Jersey, you need the help of an experienced New Jersey Criminal Defense Attorney. Call 973-200-3787. 

THE ARREST PROCESS IN NEW JERSEY

State and Local law enforcement in New Jersey have the authority to charge you with any and all crimes in the first, second, third or fourth degree, which will result in your case being heard in various County/State Courts in New Jersey. If you are charged with Disorderly Person’s Offenses or non-indictable offenses, those matters are typically heard in the Municipal Courts of New Jersey. If you are charged with both indictable offense, non-indictable offenses and even motor vehicle offenses, those matters are typically heard at the County/State level. 

PRE-TRIAL DETENTION HEARINGS/BAIL PROCESS 

In 2017, the State of New Jersey implemented bail reform, which changed the way Defendants are released after being arrested with a 1st, 2nd, 3rd, or 4th, degree crime in New Jersey. Under the old system, Defendants would be able to post a monetary bail to be released prior to trial. Under the new law, if a defendant is arrested on a complaint-warrant, the judge setting bail will review a Public Safety Assessment (PSA) to decide whether the Defendant should be released or detained pending trial.  The PSA assesses the risk that the defendant will commit another offense; will commit new violent crime; will pose a danger to the alleged victim or the public; and/or will fail to appear in court. The PSA will generate a score from 1 to 6 with 1 being the least serious and 6 being the most serious and assesses whether there is a risk. A defendant who is classified with a low score is usually released. A defendant who scores higher on a PSA may result in the Prosecutor filing a Motion for Pre-Trial Detention, which the State must do within 48 hours of your arrest. A judge may release you on your own recognizance, impose monetary bail, or impose conditions that you must abide by as a condition of your pre-trial release.

For a Court to order pre-trial detention, the Court must be convinced by clear and convincing evidence that the Defendant should be incarcerated throughout the entire case. Factors a court will consider are the nature and circumstances of the charged offense; the weight of the evidence against Defendant; the Defendant’s history and personal characteristics, etc. 

PRE-INDICTMENT CONFERENCE

Prior to presenting your case to a Grand Jury, the Prosecutor and the Court typically schedule a Pre-Indictment conference. At the Pre-Indictment conference, the Prosecutor will likely offer you a Pre-Trial plea offer and present to you with evidential discovery that he/she has against you with regard to the charges alleged. If the matter is not resolved at a Pre-Indictment Conference, the matter will likely be referred to the grand jury for direct presentation. 

THE INDICTMENT PROCESS

A New Jersey Grand Jury is comprised of 23 citizens who must determine by a majority vote whether probable cause exists to formally bring back an indictment against you to stand trial. A criminal defendant has no Constitutional Right to a Grand Jury proceeding. As such, a Prosecutor presents his/her case to a panel of 23 jurors without you, your attorney or a Judge. A prosecutor must present any and all exculpatory evidence at the time of the presentation or the State risks fighting a Motion to Dismiss an Indictment at a later time. 

If a grand jury returns an indictment against you, you will proceed to arraignment and ultimately to a trial. This is called returning a “true bill.” If the Prosecutor does not obtain a majority vote, they must drop the charge against you and dismiss your case. That is called a “no bill.” 

TRIAL

In New Jersey, you have a right to go to a trial before a jury of your peers for an indicatable charge. To be convicted of a crime, all 12 jurors must find that the Prosecutor proved each and every element of each and every offense beyond a reasonable doubt.

For a Municipal Court violation, you have a trial to a bench trial before a Municipal Court Judge wherein the Municipal Prosecutor must prove your guilt beyond a reasonable doubt. 

NEW JERSEY PETTY DISORDERLY PERSONS OFFENSES 

The impact of an arrest and/or a conviction on your record can have a devastating impact on your employability or other aspects of your life. Certain offenses, including indictable offenses, are now potentially able to be expunged through the New Jersey Clean Slate Expungement. This expungement service has made substantial impacts on those impacted by troublesome criminal records from their past. Contact our office today for a free consultation to determine whether you are eligible to apply for an expungement to erase any record of your arrest, guilty plea and/or conviction. 

KRAMINSKY LAW SHOULD BE YOUR ONLY CHOICE!

When you turn to Kraminsky Law, LLC to represent you in New Jersey Courts, you are obtaining the care, experience, and dedication that you need to defend your case. This firm strives to protect your interests, maintain your innocence, and put you in the best possible position you can be in at the end of the day! 

We approach every case with tenacity and do not back down. We have your back every step of the way! 

We will review all of the evidence that the State has produced against you. If something is missing, we will not just request it, we will DEMAND it!

We will discuss the use of private investigators to question witnesses and gather and/or preserve evidence.

We will make determinations as to all your legal defenses, including potential needs to suppress evidence, file dispositive motions, etc.

We will discuss the potential admissibility into a diversionary program such as Pre-Trial Intervention, Conditional Dismissal, Conditional Discharge, or even drug court.

We focus on our clients, making ourselves available to answer questions and concerns 24 hours a day.