About Charles Dawkins Jr.
Charles Dawkins Jr. was raised in Ohio by great parents. He received his undergraduate degree from Ohio University's Honors Tutorial College. Subsequent to receiving his degree from the Honors Tutorial College, he attended American University's Washington College of Law. He was fortunate to have not only great teachers at American University but also great faculty mentors. One of his professors was the first African American awarded an atheletic scholarship to play SEC College basketball.
He practices law in the current areas; Federal and State Criminal Defense, Immigration Law, NJ. Third Circuit Court of Appeals Criminal and Civil Appeals, Appeals to the United States Supreme Court, and Habeas Corpus Briefs and Personal Injury Law.
- Has Been Working with Juvenile Law in Juvenile & Family Court
- Has Served as a Former Assistant Municipal Prosecutor for the City of Newark, New Jersey
- Is Currently on the Third Circuit Court of Appeals Criminal Panel Attorneys List
- Has experience in trying State and Federal Criminal Cases
- Has Appealed Case to the United States Supreme Court
- Has Argued Civil Cases in New Jersey Federal District Court
- Has experience obtaining Asylum, Withholding of Removal, Convention Against Torture and Cancellation of Removal for citizens of Asia, Africa, Middle East, South America, South East Asia, and Eastern Europe.
- Has experience obtaining Acquittals or Dismissals in New Jersey State Court, New Jersey Federal District Criminal Court, and New Jersey Family Court.
- Has experience in Appeals decided by the Board of Immigration Appeal
- Has experience representing many clients charged with Immigration Aggravated Felonys and he has obtained relief from Deportation---rare case but happens.
- Has experience obtaining many citizenships, visas, and green cards.
AWARDS: 2016 receipient of The National Trial Lawyers Top 100 Criminal Trial Lawyers. Not an important award but it helps my SEO optimization; and they have excellent superbowl conferences with high profilet trial lawyer speakers and legendary football atheletes like Joe Montana and Terry Bradshaw. I have no idea who recommended me for this award.
Currently Avvo rated '10"
AMERICAN IMMIGRATION LAWYERS ASSOCIATION MEMBER: Immigration law is a specialty. I consider membership in this organization to be a requirement to stay on top of my game; keep my library updated; and to get updates on significant issues that a person will only know if he is getting updated New Jersey chapter information.
NEW JERSEY STATE BAR ASSOCIATION MEMBER: New Jersey requires private attorneys to take a certain amount of Continuing Legal Education Courses. Membership gives me a discount on courses and helps me stay abreast of the law. Membership also permits me to conduct legal research on the site. I take as many as time and money will permit.
Criminal Defense: A third party may pay the fee, but I only discuss the facts of the case and the strategy of the case with the Adult client. If I discuss the case with another party present I speak with the client--- I lose attorney client privilege. Clients who are not married to their girlfriends/boyfriends are instructed to refrain from speaking about the case to them or family members. Paying money for the client fails to affect me or give the third party any special rights.
Juveniles: I always inform the parents about the case when a juvenile is being charged of a crime. If the person is a young adult, I will talk to the parents as it relates to the plea but not the facts of the case.
Immigration Clients: In immigration court I will speak with girlfriends and relatives. I often need their support to get supporting documents and in some cases, the citizen relative is essential for immigration relief. I have represented people from all parts of the continent and many different religions.
Appeals Clients: The trial record and decision legal basis are the most important documents for an appeal. I will discuss with the client and family members their opinions as it relates to the trial. Usually both parties want to attack the lawyer, the judge, prosecutor or all. You are entitled to a
Counsel has successfully obtained relief for clients for Asylum, Convention Against Torture (person committed aggravated felonies)(rare), and Cancellation of Removal. Counsel has also reopened case through Appeal to the BIA and obtained Stay of Deportation through DHS (Difficult).
Moreover, Counsel has represented or consulted and is familiar with the country conditions of the following countries: Afghanistan, Bangladesh, Colombia, Costa Rica, Dominica, Dominican Republic, Egypt, El Salvador, Ethiopia, Ghana, Guatemala , Guyana, Haiti, India , Indonesia, Jamaica, Kenya, Liberia, Lithuania, Mexico, Morrocco, Nigeria, Pakistan, Peru, Phillipines, Poland, Romani people, Russia, Sierra Leone, South Africa, Uruaguay, Vietnam and Trinidad Tobago.
The Attorney must conduct research, affidavits, breif writing, motion practice, and sometimes investigations to effectively represent a person in Immigration court. The Judge is the trier of fact , and authority regarding application of law to fact, and sole decision maker regarding relief. Judges hear a lot of cases and are knowledgeable.
The lawyer must be well-prepared or the client will certainly lose. You can not wing an immigration proceeding. If a client does not show up for hearing---he/she can be deported in absentia. Statistically, clients with lawyers stand a better chance of winning then those without lawyers. However, ultimately the compelling facts of the case as it relates to the legal underpinnings of Immigration law are the deteminative factor.
The easiest way to lose an immigration case is to lie. Judges have heard most of them and they are likely to apprehend the insincerity. Never underestimate DHS---they have many research techniques at their disposal. The lawyer can help assure the integrity of the client. Many people who are seeking relief are desperate, and the incentive to fabricate is understandable and human.
The United States Immigration laws have myriad ways that a person without status can obtain status. However, obtaining a criminal record complicates the process for not only undocumented people but also permanent residents.
TRIAL AND PLEA PHILOSOPHY
My high school American history teacher who was also a very confident but humble lawyer taught me a lesson at an early age. He was a World War II purple heart combat veteran, but he defended conscientious objectors during the Vietnam War Era. He was courageous and intelligent, but not a braggadocio.
On a historical note former President John Adams defended British Soldiers accused of perpetrating the Boston Massacre---he was the only lawyer who would take the case.
My values are antithetical to some of the people who I have defended in Criminal Court and Immigration Court, but It is not my duty to judge people but to assure that people are effectively represented as supported by the United States Constitution. In most cases, a trial occurs because the State's evidence is inconsistent with investigative truth, I am unable to get a factual basis from the client, apparent procedural due process issues, or an immigrant will be deported with a guilty plea.
Some decisions are reserved for the client---notably whether to plead guilty, waive the right to a jury trial, testify in one's own behalf, and forego an appeal. McCoy v. Louisiana, 584 U.S. ____,_____, (2018) Slip Op., at 6.
If a person wants to plea guilty I attempt to assure that the guilty plea is voluntary, knowing, and with a full understanding of the consequences. The person must be guilty. The system fails when innocent people plea guilty. If a person is in fact guilty, a plea bargain is an excellent means to reduce his/her exposure to the penalties of the law. In reality approximately 95 percent of State and 97 percent of federal cases are resolved through plea bargains. The statistics vary according to State, County, crime, and financial class.
In New Jersey if you can afford a trial you put your future in the hands of a jury and judge. You are "guaranteed a fair trial but not a perfect trial." (Justice Rhenquist) Judges and lawyers do their best to obtain a fair and balanced jury, but there is no guarantee. I recently tried a case where amazingly the juror after the trial verdict was so bold as to put her real name in the comment section of the online Star Ledger Article, state that she was a juror and opine regarding jury deliberations and other relevant issues first in the Star Ledger and later on her public facebook page.
This particular juror asserted that she had served on three juries, mentioned specific instances of juror conduct and opined as to the prosecution of the case.
The Judge clearly instructed the jurors to refrain from talking about the case after the trial. My understanding is that discussing the case is prohibited activity. Her first statement was made known to me because she publicised her sentiments on the Star Ledger Comments online, and the second statement a colleague emailed to me from a public facebook account.
A trial lawyer must be more than a lawyer he must understand juries, and that takes time and practice. The client should hire jury specialist who investigates jurors and are experts in weeding out jurors with predisposed views, inclined to disregard jury instructions, or worst of all want to be on juries because they have an ax to grind.
The ethics laws are evolving regarding how much investigation that an Attorney is required to investigate a sitting or prospective juror. However, 17 states currently have incorporated into their ethical rules a general duty of technology competence, which arguably concerns conducting Internet research of prospective and sitting juries. New Jersey Law Journal "Could Failing to Google Potential Jurors Land You in Trouble?" (May 23, 2016)
A person can be an excellent lawyer but if he is naive as to selecting jurors all of his education and legal knowledge will be for nought. Perhaps he will win on appeal but meanwhile the client will be languishing in jail! The goal is to win the trial.
Technology has outpaced the criminal's intellectual ability to commit crimes without consequences. The jury is not supposed to be proving guilt of criminal defendant's that is the State's job.
I personally believe and practice all the precepts of the Christian Faith, but I also believe in defending traditional notions of fundamental fairness and Due Process guarantees of the United States Constitution for ALL people.
Quote of the Day: "To educate a man in mind and not in morals is to educate a menace to society."
If you can't fly, then run, If you can't run, then walk, If you can't walk, then crawl, but whatever you do, you have to keep moving forward. Martin Luther King Jr.
Call me. I give free consultations for most criminal law matters, but I charge a fee for most Immigration consultations.
Contact Charles Dawkins Jr. in Elizabeth, New Jersey, and hire a dedicated Criminal Defense Attorney, Deportation Lawyer, and Criminal Appeals Lawyer today.