Criminal Mischief

Charged with Criminal Mischief in New Jersey? Call One of Our Experienced Criminal Defense Lawyers Today
If you have been charged with Criminal Mischief in New Jersey, call us today for a free consultation. Criminal mischief in New Jersey usually involves vandalism, trespassing or property damage. The value of the property determines the degree of the charges.
Free Consultation • Board Certified Criminal Trial Attorney • Former Prosecutors
The criminal defense lawyers at Clark & Clark are former Monmouth County prosecutors with 30 years of combined criminal trial experience. Our team now uses that experience to protect the rights of people charged with misdemeanor and felony offenses in New Jersey.
If you have been arrested and charged with criminal mischief, contact us any time of the day or night to arrange a free consultation. We will explain the charges and what you should expect as your move through the system. Most important, you will have straight answers, so you can make the right decisions. If you retain us to represent you, we will give you an honest evaluation of your case and an assessment of the best defenses and trial strategy possible. In all cases, we work aggressively to have your charges reduced or dismissed. We have an excellent record of successful outcomes.
From our offices in Freehold, our attorneys represent clients throughout New Jersey including Monmouth County, Middlesex County, Ocean County and Mercer County.
What Is Criminal Mischief?
What, exactly, have you been charged with? Learn more at our Criminal Mischief Statute page.
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Criminal Defense - An Overview

Our criminal justice system can be overwhelming and frightening. The incarceration rate in the United States is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation by the police. A skilled attorney can fight for your legal and constitutional rights.
Due Process
Our criminal justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players: police, defense lawyers, prosecutors, judges and juries.
The US Constitution requires that criminal defendants be accorded due process of law in all proceedings against them. Broadly, this means that throughout the criminal justice process the rules of criminal procedure must be observed with all constitutional protections in place. Due process requires such things as reasonable notice of proceedings and fair hearings when a person is facing substantial negative consequences, such as incarceration.
Stages of a Criminal Case
Investigation: During the investigation of a crime, the police review the facts, interview witnesses and gather evidence against suspect(s). Once the police have enough evidence, they can ask a judge to sign an arrest warrant for a suspect.
Arrest and Bail: After being arrested, a suspect will go before the judge, who will either set bail or decline to set any bail so that the suspect must remain in jail until the trial. Bail is an amount of money that the suspect must post so that he or she can get out of jail. The amount of bail depends on a number of factors including the severity of the crime the suspect is accused of, the strength of the prosecution's case, whether the accused has a criminal history and whether the suspect is a flight risk. If the suspect shows up for future court dates, the bail money is returned. If, however, the suspect doesn't show up or flees, the court will keep the money and issue an arrest warrant.
Arraignment: The accused first appears before the judge at an arraignment. At this proceeding, the judge informs the accused of the criminal charges against him or her, asks the accused whether he or she has an attorney or wants a court-appointed attorney, asks how the accused will plead to the charges, determines whether to modify the initial amount of bail and sets a schedule for future court dates.
Preliminary Hearing: In felony cases, a judge or magistrate will hold a preliminary hearing during which the prosecution must show that there is enough evidence supporting the charges against the defendant so that the case can proceed to the next stage. It is an adversarial proceeding and the defendant's attorney has the right to cross-examine the prosecution's witnesses. It is also sometimes called a "preliminary examination" or "probable cause hearing."
Plea Bargaining: Sometimes a criminal defendant and the prosecution can negotiate an agreement that resolves the criminal matter. Usually, the prosecutor agrees to reduce a charge, drop some of multiple charges or recommend a more lenient sentence in exchange for the defendant's guilty plea, often to a lesser offense. A seasoned criminal defense attorney can be a real advantage to a criminal defendant throughout the plea-bargaining process.
Trial and Sentencing: At trial, the prosecutor and defense attorney will give opening and closing statements, introduce evidence and question witnesses. If a defendant is found guilty, the court will impose a sentence, which may include incarceration, fines, court costs, restitution and probation. For minor crimes, the sentence may be issued right away. For more serious crimes, the prosecution and defense will submit evidence and arguments about what the appropriate sentence should be. In some states, a judge will decide the sentence. In other states, sentencing is a completely separate from the trial, with a different jury determining the sentence. During this separate sentencing phase, the prosecution will present aggravating factors to argue for a harsher sentence and the defense will present mitigating factors in favor of a lesser sentence. Also, before the sentence is issued, the defendant has the right to allocution, which is when the defendant can address the judge directly. It may be a chance for the defendant to apologize, show remorse or explain his or her actions.
Conclusion
To better protect yourself throughout your involvement with the criminal justice system, consult with an informed, knowledgeable criminal defense attorney. Your lawyer can work hard on your behalf to see that protections afforded criminal defendants are preserved for you.
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Cocaine Possession with Intent to Distribute

New Jersey Cocaine Distribution Defense Attorneys
Possession with Intent to Distribute Cocaine or Distribution of Cocaine are potentially serious criminal offenses in New Jersey and often times carry mandatory jail sentences. The penalties vary greatly depending on the weight of the drugs involved, the area in which the arrest was made (i.e. on school property or in a public park), and whether or not an accused has a prior distribution or possession with intent to distribute conviction.
You Need An Experienced New Jersey Possession with Intent to Distribute Cocaine or Distribution of Cocaine Defense Attorney
At Clark & Clark our attorneys have 30 years of combined criminal trial experience. As former New Jersey Prosecutors, our attorneys have handled literally thousands of Possession with Intent to Distribute Cocaine, Distribution of cocaine and other related drug offenses. Unlike many criminal defense attorneys, we have successfully gone to trial on all types of Cocaine and Drug cases.
Founding partner Charles Clark has been Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. There are over 70,000 licensed lawyers in the State of New Jersey but, as of 2009, there are only 258 that have met the rigorous requirements set up by the New Jersey Supreme Court to become certified criminal trial attorneys.
Whether you have been charged with Possession with the Intent to Distribute Cocaine, Distribution of Cocaine, Possession with Intent to Distribute Cocaine or Distribution of Cocaine within 1,000 feet of school property or Distribution of Cocaine within 500 feet of a public park, our lawyers have the training, and experience to scrutinize the police investigation and exploit any mistakes that the police may have made in gathering evidence, failing to gather evidence or in violating the rights of the accused.
Criminal Defense Attorneys Who Know How to Challenge the Evidence
Many cocaine distribution charges in New Jersey arise as a result of a police initiated search of an accused's person, car or home. Unlike may other lawyers, we have analyzed police conduct on a daily basis for years and argued hundreds of motions to suppress the evidence. Our attorneys immediately know whether or not your Constitutional Right to be free from illegal searches and seizures has been violated. If the Police acted inappropriately, we do not hesitate to file a motion to suppress the evidence and seek to have the case dismissed.
Also, if you have been "set up" by an informant or undercover police officer our attorneys are skilled at challenging the police procedure used to arrest you or any police initiated identification procedure used to implicate you in the crimes charged.
We Explore Alternatives to Jail
At Clark and Clark, LLC we have been extremely successful in winning Possession with Intent to Distribute Cocaine or Distribution of Cocaine (CDS) cases at trial, obtaining probationary terms rather than jail sentences for our clients, or convincing the Prosecutor's Office to dismiss the charges if a co-defendant has taken responsibility for the cocaine in question. In some cases, we are able to get the cocaine charges downgraded or assist our client's in applying to Drug Court as an alternative to jail.
Uniquely Qualified Criminal Attorneys Are Sometimes Required in Possession with intent to Distribute Cocaine or Distribution of Cocaine Cases
Even if it is your first offense, you need an experienced lawyer to minimize the impact a conviction could have on your future. Many Possession with Intent to Distribute Cocaine and Distribution of Cocaine cases are subject to the New Jersey Attorney General Guidelines referred to as the "Brimage Guidelines". The Guidelines are an extensive set of rules and charts that dictate the type of offer an accused will receive from the Prosecutor for certain Possession with Intent to Distribute Cocaine and Distribution of Cocaine charges.
As former Prosecutors, we worked extensively with these Guidelines on a daily basis for years and we understand their complexities and how the Guidelines can be manipulated to your advantage. Our lawyers have the unique ability to analyze your Brimage Guidelines offer and determine whether or not the calculation is accurate, excessive or can be challenged.
Contact Our Office Immediately
If you have been charged in the State of New Jersey with Possession of Cocaine (N.J.S.A. 2C:35-10), Possession with the Intent to Distribute Cocaine, Distribution of Cocaine (N.J.S.A. 2C: 35-5), Maintaining or Operating a Cocaine Production Facility (N.J.S.A. 2C: 35-4) or Distribution of Cocaine in a School Zone or Public Park (N.J.S.A. 2C: 35-7 and N.J.S.A. 2C: 35-7.1), contact the law firm of Clark and Clark immediately for a free consultation at 732-303-7857 or toll free at 877-290-3867.
The law firm of Clark and Clark has the skill and experience to investigate your case, challenge the evidence, and advise you on a course of action that is best for you. Whether we are seeking a dismissal, negotiating the best plea deal available or defending your legal rights at a trial, we understand the system and how to make it best work for you.
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Classifications of Crimes

Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. The actual classification of a particular offense varies depending on the jurisdiction. If you are questioned about a crime or are accused of or arrested for a crime, you should consult an experienced attorney as early in the process as possible. A criminal defense lawyer can explain the particular crime involved and its possible ramifications.
Felonies
Under federal criminal law and the laws of about half of the states, a felony is a crime that is punishable by imprisonment of more than one year. Other states define a felony as a crime that is punishable by death or a prison sentence served in a state penitentiary. Generally speaking, the most serious crimes, such as those that are either particularly heinous, involve dangerous weapons or threaten relatively high amounts of financial damage or harm to property, are classified as felonies.
• Examples of felonies include murder, treason, rape, arson, burglary and kidnapping.
• For federal felonies, defendants have the right to be charged only by a grand jury. This right varies for state felonies.
• Because of the seriousness of the offense and the punishment, maximum safeguards for the defendant's rights are built into the prosecution and court procedures.
• Indigent defendants who cannot afford to hire lawyers and are facing felony charges have the right to free state-appointed criminal defense attorneys.
• In addition to social stigma, long-term consequences may include the loss of the right to vote; ineligibility for elected office or professional licenses; restrictions on the right to possess weapons; ineligibility for housing, public benefits, educational benefits or certain jobs; immigration problems; loss of the right to serve as a juror; negative impact on parental rights or divorce proceedings; or the requirement to register with certain criminal registries.
• Persons accused of felonies have the right to jury trials.
A limited number of crimes, such as murder, can be punished by the death penalty. These crimes are often referred to as capital offenses.
Misdemeanors
Under federal criminal law and the criminal laws in about half of the states, a misdemeanor is a crime for which the maximum possible punishment is incarceration for one year or less. In other states, a misdemeanor is defined as a crime punishable only by fine or by incarceration in a jail. Some states have different classes of misdemeanors, for example, "petty offenses" that are punishable by six months or less in jail and "simple" or "minor" misdemeanors that have a maximum punishment of 90 days in jail.
Generally, misdemeanors are crimes that are less violent or involve lower levels of harm than felonies do. The legal procedures for misdemeanors are usually simpler than for felonies, the penalties less severe and the long-term consequences less harsh.
• Penalties typically include fines, property forfeitures or incarceration in a jail for one year or less.
• There is no federal right to a grand jury for a misdemeanor, and state grand jury rights for misdemeanors vary.
• Court procedures may be more relaxed than those for felonies.
• Indigent defendants are generally only eligible for free state-appointed legal counsel when the misdemeanor charges can result in imprisonment upon conviction.
• Long-term consequences are normally less severe than those of felonies, although some of the felony consequences listed above may still apply to misdemeanors, depending on the jurisdiction. However, those convicted of misdemeanors generally retain the right to vote.
• Generally, if the potential punishment is imprisonment for less than six months, there is no right to a jury trial.
Minor Offenses
The least severe infractions are minor traffic offenses and the like. The terminology varies by state, but common terms for these offenses include petty offenses, infractions or violations of local law. Often the only penalty is a fine and sometimes the infraction may not even be considered a crime. Violations of local ordinances may be punishable by a fine or a short period of incarceration (maximum length of 90 days).
Conclusion
It is important to keep in mind that crime classifications vary by jurisdiction and that this article provides general information. To understand the details of a criminal charge in your jurisdiction, talk to an attorney who can explain the potential punishment and ramifications.
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Armed Robbery & Robbery

New Jersey Robbery and Armed Robbery Criminal Defense Attorneys
Have you been charged or accused of Robbery or Armed Robbery in New Jersey? Call one of our criminal lawyers at Clark & Clark, LLC today for a free consultation.
Armed Robbery and Robbery are two of the most serious criminal charges in New Jersey. Both charges contain a "presumption of incarceration" which means that the initial plea offer from the Prosecutor for a person charged with Armed Robbery or Robbery will almost certainly entail a jail sentence.
You Need An Experienced Armed Robbery or Robbery Attorney - Serving All of New Jersey including Monmouth, Middlesex, Ocean and Mercer Counties
• At Clark & Clark our attorneys have 30 years of criminal trial experience.
• As former Prosecutors in New Jersey, our attorneys have handled hundreds of Armed Robbery and Robbery cases. Unlike many criminal defense attorneys, we have successfully gone to trial on all types of Robbery cases.
• Founding partner Charles Clark has been Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. There are over 70,000 licensed lawyers in the State of New Jersey but, as of 2009, there are only 258 that have met the rigorous requirements set up by the New Jersey Supreme Court to become certified criminal trial attorneys.
When we take an Armed Robbery or Robbery case, our lawyers have the training, and experience to scrutinize the police investigation and exploit any mistakes that the police may have made in gathering evidence, failing to gather evidence or in violating the rights of the accused.
Free Consultation with Experienced New Jersey Robbery Attorneys and Former Prosecutors
We offer a free consultation in which you can openly discuss the specifics of your charges, explore potential mistakes in the police investigation and available defenses for whatever Armed Robbery or Robbery allegation you are facing. Call 732-303-7857 or toll free at 1-877-290-3867.
We Will Explore all of Your Options - Including Suppression of Evidence, Dismissal, Trial Strategy and Alternatives to Jail
We represent people charged with all violent theft crimes, including:
• Homicide
• Armed robbery
• Federal and state weapons and gun charges
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9 Tips To Help You Choose The Right Immigration Lawyer For Your Case

Posted In: Immigration Attorney, Immigration Lawyer, Immigration Lawyers by admin
When you need to hire an immigration lawyer, trying to find the right one can be hard to do. There are so many different lawyers available. You have to take time to research each one and also to talk to them in order to choose the right one. There are also some important tips that need to be known to help you know when the right lawyer has been found.
Here are the most important tips you need to know for finding the right lawyer.
1. The lawyer needs to be licensed to practice law in their U.S. jurisdiction.
2. Always make sure they have a good standing with the State Bar Association.
3. Finding a lawyer whose practice focuses exclusively or mainly on immigration law is always the smart way to choose the right attorney.
4. Find out if the lawyer can show experience in immigration law.
5. Are they an active member of the American Immigration Lawyers Association or AILA? The good lawyers are active members.
6. It is important that the lawyer that you choose is familiar with your particular type of case.
7. The right lawyer will give you straight forward advice that is honest, even if it is not something that is in your favor.
8. Will they provide you with a clear estimate of their costs and fees? If they don’t, then you definitely want to find a new lawyer.
9. The right lawyer will provide you with references.
These are the most important tips that you need to know in order to choose the right immigration lawyer for your case. Remember these tips when searching and you will not have a hard time finding the right attorney to represent you. Read More ...

What does a criminal attorney do?

A criminal attorney basically represents someone accused of a crime in court. Let me give you a little background before explaining what it is exactly that a criminal attorney does. Sometimes the law allows a person to use physical force against another, whether it is in self-defense or the protection of another, or even to protect one’s property, these are all acceptable uses of self-defense. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your attorney will have to show the judge or jury that (1) your confrontation was unprovoked by you, (2) that you were in immediate danger of bodily harm, (3) that your use of force was necessary in preventing that harm, and (4) that the amount of force you used was reasonable.

If you were in a position where you had to defend yourself against an attack from someone you think meant you bodily harm, it is up to your criminal attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.

Battered Wife Syndrome is a good example of self-defense. This defense is when a women has been subjected to physical and mental abuse continually by their husbands or significant others. Courts may find this case somewhat confusing because in most cases, women who kill their husbands also planned to kill them. If this is your situation, then your criminal attorney will have to prove to a jury or judge that under circumstances such as these, you had two choices--You can wait until your husband finally kills you or, kill your husband before he gets the opportunity to kill you. In this case, it will be up to the state prosecutor to prove beyond a reasonable doubt that killing your husband was not the only way out. For example: Why didn’t you just leave your husband and go stay with a friend or relative and file for divorce? Or, you could have gotten a court order to restrict your husband from approaching you within so many feet. If Battered Wife Syndrome is your defense, then your criminal attorney will prepare you for this type of questioning.

What does a criminal attorney do? The answer to that is, a lot. They will fight for your defense because he or she believes in your innocence and constitutional rights, no matter what you have done. If you were charged with a serious crime in the past, but today you are sleeping in your own soft bed and not a concrete slab, you have your criminal defense attorney to thank.(by: John Williams)

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Criminal Defense Help: What It Can Do

Sometimes we make mistakes. It is not that we deliberately break the law, sometimes it is just unavoidable. Sometimes we do not even know it unless charges are pressed against us. So what's a poor citizen to do?

Well, that citizen can fight it out in court. But just as any person doesn't go to battle without armor, you can't go to the judge unprepared. That is just plain suicide. No, you need a good army of lawyers behind you to help you get out of your mess. You need a good, hardworking criminal defense attorney. You need to know your stand, and you need to stand your ground. You need to get your facts straight, and the place where you can have that is the website criminaldefensehelp.com.

Being pressed with charges can turn your life upside down, that is why it is important to act quickly and acquire damage control before it's too late and people close to you are also affected. What is worse is when you are being accused of a crime that you did not commit. A criminal defense lawyer has the responsibility of providing legal representation to the accused. The lawyer does not have the responsibility of proving innocence or helping the guilty to be set free. He has your best interests in mind and it is his job to protect you. The criminal defense lawyer focuses on getting your case dismissed.

A criminal defense attorney can prevent you from ever being taken into custody. A criminal defense attorney also has the ability to assist you against further incrimination by instructing you what to say in interrogations. A criminal defense attorney is also able to speak on your behalf and defend against the prosecution's case by questioning witnesses in the defense's case and cross-examining the prosecution's witnesses.

The criminal defense attorney in california deals with cases such as white collar crimes, drug crimes, sex crimes and more. They have been pioneers in developing all forms of alternative sentencing such as house arrest and diversionary programs. They have established relationships with Judges and District Attorneys in Los Angeles, Orange, Sacramento and Ventura Counties. Choosing the legal counsel of a California criminal defense lawyer can save you from being found guilty in a criminal case. A California criminal defense lawyer often has the reputation of being staunch legal counsel by virtue of having passed the California Bar exam alone. This exam is known to be one of the toughest nationwide.

San Diego Criminal Defense Attorneys excell in DUI Defense, Drug Defense and defense of other misdemeanor and felony charges requiring the assistance of a professional attorney in San Diego and Southern California. A San Diego Criminal Defense Lawyer defends each case specifically and according to the unique facts, and the law, as it is written related to the case. Attorneys argue relentlessly on behalf of their clients in the courtroom, as trial lawyers, and winning the confidence of the jury is their specialty.

Illinois attorneys are also known for their white collar criminal defense. This is their specialty.

So the next time you have been charged with a criminal offense from out of nowhere, there is no need to panic. After all, you're innocent until proven guilty. All you have to do is employ the help and services of attorneys in criminal defense. Criminaldefensehelp.com provides you with the necessary information.(by: Ray La Foy)

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Our Criminal Defense Attorneys

Freehold, New Jersey, Criminal Defense Lawyers
At Clark & Clark, our attorneys are both former prosecutors with the experience and skills to aggressively defend you in court. From representing you during the initial investigation, through the final resolution, we aggressively pursue the best possible outcome.
Our attorneys pursue every avenue of defense to return a "not guilty" verdict. We will never try to settle, or cut a deal, unless it is in your best interests and the results would be too good to ignore.
Attorneys at our firm have handled hundred of trials and more than 100 felony jury trials and have experience defending individuals against serious criminal cases involving municipal, state and federal crimes. We operate on a "trial first, negotiations second," premise. The stakes in every criminal case are high. No matter how the evidence seems to stack up, we believe there is ALWAYS a defense worth pursuing.
We invite you to learn more about our criminal defense attorneys by visiting the links to their individual attorney profile pages below.
• Charles F Clark Jr.
• Susan Schroeder Clark
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Denton Criminal Defense Attorney

Crime Trends in the United States
Like any society, the United States has to deal with crimes and criminals. Some general information on crime in the United States can help people better understand the nature of crime in the society in which they live.
Victims
There are some striking trends relating to victims of crimes. On the whole, younger people are more likely than older people to be victims. Moreover, males are more likely than females to be victims of violent crimes. Of all ethnic groups in the United States, African Americans are the most likely to be victims of both overall crimes and violent crimes in particular.
Offenders and Justice
While achieving justice is important in the United States, unfortunately it does not happen to the extent that many people would like. Only about 20 percent of all crimes result in an arrest. Nonetheless, over 70 percent of all people convicted of felonies have to serve jail time, and 80 percent of all trials result in a guilty verdict.
Crime Classification
Of all the types of crimes, property crimes are possibly the most prevalent, outnumbering violent crimes by a factor of eight. This statistic may be misleading, however, since it is estimated that only 33 percent of all crimes are reported to the police. Any classification of crimes has to take into account that the information available is very incomplete.
Contact Us
Despite some disheartening information on crime-fighting in the United States, it is still a major priority. If you have been charged with a crime, you will need an experienced criminal defense lawyer on your side. Contact the Denton criminal defense attorneys of Alexander & Associates by calling 972-420-6560.

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