The Law Office of Carl J. Herman has been defending clients arrested or accused of a crime for over twenty-five years.

For over 25 years, Carl J. Herman has dedicated his practice to serving criminal defendants with skill, compassion and respect. He specializes in handling all types of criminal matters, no matter how large or small.  Carl Herman has a well-earned reputation for fighting hard for each client and obtaining the best possible results, whether that means preventing a charge from being filed, taking a case to trial or negotiating the best possible deal.
 
Contact New Jersey criminal defense Attorney Carl J. Herman today for exceptional legal representation within the following areas:

• Criminal Defense
• Felony & Misdemeanor Crime, including:
  • Armed Robbery
  • Arson
  • Assault
  • Burglary
  • Domestic Violence
  • Kidnapping
• Theft (including by fraud or by contractor)
• White Collar Crime
• Drug Offenses, including:
  • Trafficking
  • Manufacturing
  • Possession
• Juvenile Delinquency Matters
• Sex Crimes, including:
  • Sexual Assault
  • Date Rape
  • Indecent Exposure
• Traffic Offenses, including:
  • Driving under the Influence (DUI)
    
  • Vehicular Manslaughter
    
  • Reckless Driving
    
  • Hit & Run
• Municipal Court Offenses

A Strong Defense is Important to Your Case:
Individuals convicted of a crime in New Jersey, whether through their own admission of guilt or through the determination of a jury are subject to fines, imprisonment, probation and community service, among other penalties. Defending your criminal case in the strongest possible way is critical to your freedom and your future.

The outcome of any criminal case depends upon the facts surrounding the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure and the goals and strategy of the government and defense.  New Jersey criminal defense attorney Carl J. Herman will navigate you through this complicated legal process.

Attorney Carl J. Herman has been defending clients arrested or accused of a crime for over 25 years. From his office in West Orange, New Jersey, he provides criminal defense to clients statewide, including but not limited to: Bergen, Essex, Hudson, Monmouth, Morris, Passaic, Sussex, Union and Warren counties. He has a reputation of being a well regarded lawyer who provides high quality legal representation. Because he takes his responsibility very seriously, he is available during normal business hours, nights, weekends and holidays for a free telephone or free in-person consultation.  He accepts Mastercard and Visa and will work with you to arrange a mutually satisfactory payment plan.

If you find yourself charged with a crime, you need the legal counsel of an experienced criminal defense attorney to protect your rights now and in the future. Today's legal environment is highly complex. Federal, state and local authorities constantly issue or amend laws that affect our lives. The selection of an attorney to provide advice in any situation is an important decision, which can have a lasting impact upon an individual. Carl Herman combines innovative strategies, commitment and dedication to deliver effective results for his clients - one client at a time.

A conviction of a crime can be very costly, as you can face forfeiture of assets, suspended driver's license privileges, loss of automobile, mandatory jail time and mandatory fines. A knowledgeable and skilled criminal defense attorney can make all the difference. Carl Herman has extensive experience in juvenile, municipal, state and federal court.

Take Action Now to Protect Your Rights:
If you or someone you know in Elizabeth, Union, Linden, Jersey City, Kearny, Harrison, Hackensack, Fort Lee, Paramus, Hudson County, Union County, Bergen County or throughout the state of New Jersey needs the assistance of an experienced criminal defense lawyer, please contact Carl J. Herman Attorney At Law today at 866-742-3010, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

DUI/Driving Under the Influence:
"DUI" stands for Driving Under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession or the possession or sale of illegal drugs.

Sex Crimes:
Sex crimes include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e., prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Take Action Now to Protect Your Rights: 
If you or someone you know in Elizabeth, Union, Linden, Jersey City, Kearny, Harrison, Hackensack, Fort Lee, Paramus, Hudson County, Union County, Bergen County or throughout the state of New Jersey needs the assistance of an experienced criminal defense lawyer, please contact Carl J. Herman Attorney At Law today at 866-742-3010, or complete the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

 The main reasons prompting the need for a criminal defense lawyer are:

• You have been charged in court with a crime. This may occur following an arrest or through a summons to appear in court and answer a criminal complaint or indictment. All people have an absolute constitutional right to the assistance of a lawyer in a criminal court case.
• You have been arrested. If arrested for a potential criminal charge, a referral for criminal charge(s) may be made to the District Attorney in the county of the alleged law violation, or to the prosecutor for the federal district of the alleged violation. If an in-custody interrogation follows the arrest, the person being questioned has an absolute constitutional right to remain silent and to have a lawyer present during the questioning.
• You are being investigated for a crime. Law enforcement officers and prosecutors often contact people directly to answer questions about their alleged involvement in a crime.

What is a Miranda warning?
Police generally read these rights to individuals who are in custody and about to be questioned. "You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning."

The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.

If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible at trial—they cannot be used against the suspect.

If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect`s 5th Amendment rights. Anything that the suspect says after the violation is generally inadmissible as evidence in court.

If I am not under arrest, do I have to answer a police officer`s questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.

What is a search warrant?
A search warrant is a written order issued by a judge that authorizes police officers to conduct a search of a specific location and seize any evidence. Under the Fourth Amendment searches must be reasonable and specific.  This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched.  Before a search warrant may be issued, there must be a showing of probable cause.

If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence.  Police are permitted to search your home without a warrant if there are sufficiently exigent circumstances.  These include the police have reason to believe that someone's life is in danger, a suspect is about to escape or someone might destroy the evidence (flush illegal drugs down the toilet).  In cases such as these when there is no time for the police to get a warrant, they may search your home without permission. 

If I am arrested, can the officer search me?
Yes. Police officers do not need a warrant to conduct a search after making an arrest.  After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person.  Under this exception to the search warrant requirement, an arresting officer may search only the person arrested and the area within which that person might gain possession of a weapon or might destroy or hide evidence

What happens if I am arrested?
If someone is arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told his constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.

Can they use force to arrest me?
They are not permitted to use excessive force or brutality when arresting you.  If you resist arrest or act violently, however, the police are allowed to use reasonable force to make the arrest or keep you from injuring yourself. Unreasonable force is assault.  After arrest, a police officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you from escaping.  If you claim that force was used to arrest you, a judge will decide whether or not the force used was reasonable in the circumstances.

Take Action Now to Protect Your Rights:   
If you or someone you know in Elizabeth, Union, Linden, Jersey City, Kearny, Harrison, Hackensack, Fort Lee, Paramus, Hudson County, Union County, Bergen County or throughout the state of New Jersey needs the assistance of an experienced criminal defense lawyer, please contact Carl J. Herman Attorney At Law today at 866-742-3010, or complete the contact form provided on this site to schedule your free consultation.

Professional Profile

Carl J. Herman Attorney At Law OVERVIEW:

Attorney Carl J. Herman understands that certain criminal charges carry severe consequences for individuals and their families. Whether the criminal charges filed are minor, major or catastrophic, each case receives his undivided attention and service.  Attorney Herman is committed to providing criminal defense clients with aggressive and dedicated legal representation, while simultaneously treating clients with genuine courtesy and respect.

If you or someone you know in Elizabeth, Union, Linden, Jersey City, Kearny, Harrison, Hackensack, Fort Lee, Paramus, Hudson County, Union County, Bergen County or throughout the state of New Jersey needs the assistance of an experienced criminal defense lawyer, please contact Carl J. Herman Attorney At Law today at 866-742-3010, or complete the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Carl J. Herman Attorney at Law
443 Northfield Avenue
West Orange, NJ 07052
Phone: 866-742-3010
After-hours service available upon request

English and Spanish spoken

MEMBER OF THE FIRM:
Carl Herman

EDUCATION:

• George Washington University School of Law, J.D., 1976
• Brown University, B.A., 1972

COURTS ADMITTED:

• New Jersey, 1976
  

PROFESSIONAL MEMBERSHIPS:

• Association of Criminal Defense Lawyers of New Jersey, trustee since 1995
• Essex County Bar Association, awarded Criminal Defense Lawyer of the Year, 1998

PRIOR EXPERIENCE:

• Clerk, Honorable Raymond W. Young
• Assistant Deputy Public Advocate, Mental Health Division of the Public Advocate

PRACTICE AREAS:

• General criminal law