Law Offices of Chris Hoffner

Do I need a Criminal Defense Lawyer?

If you have been arrested or are under investigation or have been questioned by the police or are involved in any criminal process of any sort, the answer is YES.

If you are unsure, consulting with a criminal defense attorney is a wise step. He or she can help you decide if you need representation.

Won't a Public Defender represent me?

Public Defender's are overworked.  They simply have to many cases and not enough time.  As a former public defender, Chris Hoffner knows first hand how overworked a public defender can be.  While the NJ public defender system is one of the best in the country, and the dedicated people who do the job are experienced, professional attorneys, the simple fact is, they have to many cases and not enough time to manage them.  Moreover, in NJ, Gov. Christie has gutted the Public Defender's eliminating their budget, laying off administrative staff demanding that they hold even higher caseloads.  To save their pension rights, many experienced attorneys are retiring from the Public Defender.  Others, frustrated by the high caseload are simply leaving.

What if I am innocent of the charges I’m facing?
Your innocence or guilt does not dictate your need for a qualified defense attorney. As a matter of fact, many times people feel a false sense of comfort, knowing their innocence. While we’d all like to believe that the justice system will protect us, innocent people are often prosecuted. Your best protection is hiring or consulting with a qualified defense attorney.

If I hire a lawyer, are the police going to hold it against me? Will the Judge?

Some people think hiring an attorney or "lawyering up" will cause them more problems in the long run.  This just is not true.  Case law is clear, the fact that someone hires an attorney cannot be held against them.  Retaining counsel is your best protection.  Nor can a judge hold it against you. It is your constitutional right, and frankly, if either a Judge (or this link for Judge) or a Police Officer were being investigated, they would hire an attorney immediately.

What happens if I’m questioned by the police?
It’s important to say absolutely nothing to the police until you have legal representation in place. Do not sign anything and make no statement.

This can be hard, especially when we’re wrongly accused. We want to clear our name or tell our side of the story. You must remember “anything you say can and may be used against you in a court of law.” Their goal is to gather evidence in order to make a conviction.

Police may legally employ strong-arm or deceptive tactics to get you to talk. They may even tell you they will not arrest you, that they will reduce your bail. Do not believe them. Only a judge can reduce your bail, and even if you are released, your words will be held against you!. Speaking to the police needs to be an informed decision made between you and your defense attorney. Remember, every word counts.

But what if charges have already been made against me?
Then it’s more important than ever to employ the use of an experienced defense attorney. Your lawyer will determine the strength of the evidence against you. If it is not substantial enough, often charges can be dismissed before reaching trial.

If the evidence is strong, a defense attorney can decide whether you should go to trial or negotiate a plea bargain. Again, this is NOT something to attempt on your own. Your freedom is at stake and every legal element needs carefully examined.

How do I know what defense attorney is right for me?
Meet the lawyer and talk about your case. A reputable lawyer will speak to you.  See how comfortable you feel with their appraisal of your case, but beware of attorneys that make promises.  NO lawyer can guarantee a result.  Criminal cases change, and a number of reasons.  Promises of "I'll get you probation..." are empty promises.  That may be the end result, but no attorney should ever guarantee a result. Confidence with your defense attorney goes a long way.

How much will a good defense attorney cost?
The cost of a criminal defense lawyer can vary considerably depending upon nature of the charges that have been filed against you and the jurisdiction.

A more complex case may carry a greater retainer than a simpler case. Occasionally, though, a minor charge may carry a substantial retainer because the defense attorney foresees the need of extensive motion practice or aid of an expert witness.

In a misdemeanor case, the typical fee can vary significantly between cities, counties and states. A lawyer may request a retainer of several thousand dollars. For felony cases, retainers often start at $5,000 - $10,000 and can be $25,000 or more for serious or life felonies, such as sexual assault cases or homicide.

I've been hurt in an accident...

What is a counterclaim? A claim that the defendant in a suit has against the plaintiff from the same transaction.

What is discovery and what is its purpose? Discovery allows both parties to “discover” information in the case. The purpose is to narrow the basis of the complaint and to eliminate surprises to both parties.

What are interrogatories? Written questions by one party to the other, which are answered under oath.

What is a deposition? A formal interview under oath in the presence of a court reporter. The answers in a deposition are oral.

Will I end up at trial? Only about 25% of all personal injury cases end in a court; most will settle.

I was ordered to pay “costs;” what does that include? Usually it will include attorney, clerk, witness, and docket fees.

What is civil law? Principles that govern relationships between people, where no crime has been committed.

What is a class action lawsuit? When a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.

What is negligence? A failure to act reasonably in a situation. Doing something carelessly or failing to do something; i.e. driving without your headlights on.

What are punitive damages? Damages awarded to punish the defendant.

What does pain and suffering include? This would generally be money awarded over and above medical costs and lost wages.

What is loss of consortium? A loss of companionship and care for the victim’s marital partner.

What is contributory negligence? A defense to negligence stating that the plaintiff’s negligence contributed to their injuries.

What is a tort? Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.

I fell in a puddle of water at the grocery store. I can sue and win a lot of money, right? Not necessarily. You must first prove the grocery store either created the hazardous situation or had previous knowledge of it. If you can prove both these things, the amount of your "award" will be directly related to your injury, medical costs and loss of income.

I didn’t have any medical expenses or lost income when I fell in the store; can I still collect a settlement? This is a big misconception. If you don’t suffer an injury or incur financial losses, chances are slim that you’ll collect any monetary award.

How is negligence determined? Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:

a. Lack of reasonable care
b. Breach of duty
c. Injury to the victim
d. Forseeability (knowing an act would occur based on the circumstances)
e. Damages

What is the statute of limitation in a civil case? Generally 2 years from the date the incident occurred.

I was burned by a curling iron; can I sue the manufacturer? This would be a products liability case and you may be able to sue but know that although the manufacture is responsible for defective products, the following will be considered in your case:

a. Was the defect unreasonably dangerous?
b. The seller, where you bought the iron from, must be in the business of selling that particular product
c. The item must not have been substantially changed between the time it left the seller to the time the user had it
d. The defect directly caused the injury
e. The product was used properly.

I’ve heard the phrase “assumption of risk.” What does it mean? It is used as part of a defendant’s defense. It states that a user assumes risk in the following ways:

a. If you’ve discovered the risk, but disregard it
b. If you’ve failed to properly maintain an item
c. If you’ve failed to follow the enclosed directions

What is wrongful death? Laws that give survivors a cause of action against someone who’s negligence resulted in the victim’s death.

What is emotional distress? Mental anguish.

What is litigation? A lawsuit.

What does “res ipsa loquitor” mean? It is a Latin phrase meaning, “the thing speaks for itself.”

Still have questions? Please contact us anytime! We look forward to hearing from you.

  856 833 9600

Questions? Not sure what to do?

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856 833 9600

Did you know, referrals are the strongest form of advertising around.  Chris Hoffner enjoys an excellent reputation in the South Jersey Legal Community and frequently is referred cases, and refers other lawyers cases in specific fields he doesn't practice in.

The above information is provided for educational purposes only and should not be construed as legal advice or relied upon in a legal proceeding.  If you have legal questions, consult an attorney.