Areas Of Practice
Whether it be simple possession, manufacturing or distributing, you should know your rights if you are charged with a drug-related offense. The Fourth Amendment of the US and NJ Constitutions protects citizens from unreasonable searches and seizures. Mr. Cleary has successfully challenged cases where evidence was obtained illegally by law enforcement.
Furthermore, if you are charged with a marijuana offense, there are many things on the horizon you should know. There is currently pending legislation in New Jersey to legalize (or at least decriminalize) personal use marijuana. Do not plead guilty to a marijuana offense without knowing your options.
If you are issued a federal grand jury subpoena or are under investigation, you should seek representation immediately. The Fifth Amendment provides that you have a right to remain silent. Many people feel they can talk their way out of criminal charges. One self-incriminating statement can make the Government’s case stronger and make it less likely to achieve a favorable result or avoid charges. Hire an attorney with federal criminal experience to navigate you thru the perilous federal waters.
Very few attorneys are capable of defending a murder case. They are a different breed. Mr. Cleary has handled dozens of murder cases achieving jury acquittals and dismissals alike. Often times there is physical evidence linking a suspect to a scene. This can be challenged. Cell phone towers are not as precise as the State would have you think. Fingerprints can be misinterpreted and challenged. Even DNA evidence, while reliable, is only as good as its collection and preservation.
Investigations need to be conducted right away before evidence disappears. Witnesses should be interviewed before memories fade. The Law Office of Dennis Cleary has investigators and a polygraph examiner on staff. Furthermore, the office has successfully challenged the reliability of ballistics, fingerprints, DNA and cell phone location.
New Jersey has recently relaxed its Draconian sentencing laws with respect to DWI. If you are charged with DWI you should know the new penalties and consequences. If your reading is above the legal limit, it is possible the Alcotest machine was not working properly or perhaps law enforcement did not follow proper protocol in administering the test. Often times this reading can be thrown out before a trial. Also certain Field Sobriety Tests have been deemed unreliable for certain individuals. It has been said a DWI conviction can set someone back tens of thousands of dollars. Don’t fight a DWI alone. Hire an experienced DWI attorney to fight the battle with you.
If you are applying for a job or college, there is nothing more heartbreaking than a failed background check because of an old arrest or conviction you forgot about. The law in New Jersey has recently changed for the better with respect to expungements, especially relative to marijuana cases. If you expunge a past arrest, you are legally permitted to say that you have never been arrested before. Furthermore, all records of that prior arrest must be destroyed by law enforcement. If you think you may be eligible for an expungement contact the office right away.
Domestic violence cases seem to have been put at the forefront of New Jersey’s new bail reform. A domestic violence conviction or Final Restraining Order can be devastating. In many of these cases, the complaint is placed on a warrant and the defendant is taken into custody with no chance of release until a detention hearing is scheduled. If you or a loved one is charged with a domestic violence crime, contact the office immediately so that steps can be taken to ensure release and exoneration.