Jay Weinberg vigorously defends charges against his clients. This shouldn’t be confused with antagonistic arguments with prosecutors or cops – the opposite in fact is true. His style and personality is to fully understand each case, study the facts and create intelligent, sensible legal arguments. He then engages in effective communications with Prosecutors, Police Officers and Judges, in conference with the Prosecutor, to explain his legal position. He has successfully defended numerous clients with novel legal arguments of first impression.
He will competently represent you and demand all necessary proof from the prosecution, the prosecution’s witnesses, police and other experts to compile a complete and total presentation of the State’s case against you. He thoroughly investigates your case, and reviews every document the police and the prosecutors for the State of New Jersey produce pursuant to their obligation under the law. If they don’t produce required documentation, he will file the appropriate legal motions to get it. He will advise you as to what you can expect at trial, what your plea options are and discuss with you the direction you want to take in resolving your charges. He will defend you zealously and require the State prove it’s case as to each required element of the offense beyond a reasonable doubt.
Consultation
Mr. Weinberg will conduct a detailed consultation with you regarding the facts and circumstances surrounding your DWI charge.
Retainer Agreement
A retainer agreement is a critical part of our attorney client relationship, and the NJ Court rules require written fee agreements. When you retain our Law Office to represent you, you will have a clear understanding of the fees inherent in that representation.
We don’t have hidden costs or bills. DWI defense may involve a variety of techniques, so we don’t bill you for everything we might do, or could do. We bill for what needs to be done in your case. We have the experience to anticipate possible legal issues that might arise in each case, so we can usually quote you a fee during our initial consultation.
Your Information
The first thing we do is review your recollection of the incident and obtain a police report. Please see the link “What You Must Do” and fill out the questionnaire in detail. The facts are important and we did not witness the incident, so part of building your defense is reviewing your complete version of the incident and the facts and circumstances as you recall them. Details are important.
We obtain discovery
Discovery is the package of evidence the State is required to provide to us. It includes the police report, which will include written comments by the investigating and reviewing police officers in relation to your case, observations of your demeanor, conduct and comments during the course of the investigation and your arrest, results of breath tests, urine or blood tests, breath test and equipment certifications regarding valid operation of DWI apparatus, documentation regarding the reliability of the breath test apparatus, observations and comments regarding the Standardized Field Sobriety Tests, video tapes and dispatch tapes, if they exist, witness statements and other relevant discovery.
What we look for
We have a lengthy process of review in defending a DWI case. A summary of the tasks we undertake on your behalf includes, but is not limited to, reviewing the constitutionality of the stop. Did the police have probable cause to believe you were violating the law, and, if so, did the police have probable cause to arrest you? The Police must have probable cause to administer tests, and they must prove you were operating the vehicle. We review the testing procedures utilized in taking breath samples and in administering the field sobriety tests and standardized field sobriety tests. Standardized infers there is a way to properly administer the test and often police don’t perform the tests correctly, creating an argument that if the tests were negligently administered they should not be allowed at trial because they are not valid as a matter of scientific fact. We know the standards and we have had DWI charges dismissed. Further, videotapes can contrast greatly with a police officer’s written observations. You are innocent until proven guilty, and the consequence of guilt is serious enough to warrant scrutiny over the procedures utilized to arrest you.
Breath test equipment and documentation must be carefully reviewed for compliance. The Alcotest machine (NJ does not use breathalizers) is a mechanical device and maintenance records must be updated and provided to me by the Prosecutor so as to prove the device was operating correctly and is therefore credible. Factors may affect the validity of the equipment and we explore those possibilities in detail. In drug cases, we determine the expertise and credibility of the drug recognition experts. We review their procedures and determine if they are sufficient to satisfy the State’s burden. Chain of custody issues frequently result in dismissals.
Each DWI case is fact specific. We carefully review everything. We focus on what’s relevant and we work diligently for you.
Your first step is simply to call the Law Office of Jay Weinberg for your consultation. Jay will personally speak with you about your case, your needs and your concerns.