New Jersey Criminal Defense Lawyer

After an arrest, defendants often find themselves overwhelmed with the complexities of criminal defense law. Every New Jersey resident should understand their legal options, their rights under the law, as well as their constitutionally protected rights. It’s especially important to understand your rights if you are arrested.

In this article, we discuss what you need to know after being arrested, the bail process, types of criminal offenses and criminal process, your rights during a criminal trial, and other key aspects of New Jersey criminal defense law. Note that certain elements of this article apply only to state crimes, not to federal crimes.

What You Need to Know After Being Arrested

If a person is arrested in New Jersey, they will be brought to an initial processing in a police precinct. They will be read their Miranda rights by the police, and they will be given the opportunity to make a phone call. An arrested person must request to make a phone call and contact an attorney, or call a family member to contact an attorney.

The police will ask for the individual’s personal information, or “pedigree”, including their name, address, and date of birth. They must provide this information to avoid a delay in processing their arraignment.

The individual should not sign any documents, answer any questions, or make any statements relating to their alleged crime. A police officer may try to convince or intimidate them into giving a statement, but it is vital to refrain from answering. Otherwise, the information may be used against them in court. The police are required to terminate further questioning when an arrested person states their wish to speak with an attorney.

In the initial processing, the individual’s fingerprints and mugshot will be taken. They will then be brought to central booking, and their arraignment will be processed.

Bail

Bail is the payment of cash or bond (a bail insurance policy) for the release of the defendant. It helps ensure the arrested person will attend their scheduled court hearing. 

In New Jersey, a judge will consider the dangerousness of a defendant to their community when deciding their conditions for release. If a defendant is deemed to be dangerous or a flight risk, they will await their trial in jail and will not receive the option of bail. 

Bail is evaluated on a case-by-case basis through New Jersey’s risk-assessment tool, which considers certain factors such as: 

• the defendant’s age
• the type of offense, and 
• their criminal history

This system does not consider a defendant’s ability to pay bail.

Once a defendant posts bail or is held in jail without bail, their court date will be assigned. They will also be detained in jail if they are unable to post bail. 

For nonviolent felonies (known in New Jersey as “indictable offenses” or “degree crimes”) and misdemeanors (known as “disorderly persons” offenses), a judge can release the defendant without bail but they will still technically be under the supervision of the department of probation. The judge may also require an electronic monitor and/or periodic check-ins with the department of probation. 

Types of Criminal Offenses and Criminal Process

Criminal offenses in New Jersey fall into three general categories: petty disorderly persons offenses, disorderly persons offenses, and indictable offenses. Indictable offenses are most similar to felonies in other states.

Petty Disorderly Persons Offenses

Petty disorderly persons offenses are punishable by up to 30 days in jail and a $500 fine. Examples include:

• Disorderly conduct
• Harassment
• Trespass

Disorderly Persons Offenses

Disorderly persons offenses are punishable by up to six months in jail and a $1,000 fine. Examples include:

• simple assault
• shoplifting involving less than $200
• resisting arrest

Indictable Offenses in New Jersey

Indictable offenses in New Jersey include more serious crimes like:

• Murder
• Aggravated Assault
• Rape
• Armed Robbery
• Burglary
• Drug trafficking
• Human trafficking

Convicted felons can face between 1 year to life in prison, although certain crimes can lead to shorter sentences, discharge, or probation. 

What Happens After Being Arrested in New Jersey?

During a criminal investigation, an individual may be subject to a search warrant, allowing police officers with probable cause to legally search private property. A suspect will be arrested if the police have probable cause that someone committed a crime or a judge issues an arrest warrant.

Typically, within 24 hours of the arrest, the arraignment takes place. The defendant will appear before the judge and be informed of their rights and the charges against them. The judge will then decide if the defendant will be released or detained in prison

Arrangements for the defendant’s attorney are also made at the arraignment. The defendant’s attorney may seek to negotiate a plea agreement (also known as a “plea bargain”) to avoid a trial.

If a trial date is scheduled, the defendant’s attorney will present their theory of the case to the jury using witnesses and various evidence. The judge will decide what evidence can be presented to the jury. 

Following the jury’s deliberation, a unanimous decision on whether the defendant committed the crime is required. A not-guilty verdict usually means the defendant is free to return home, but a guilty defendant must return to court in a few months for sentencing. Sometimes a defendant will be held in jail until the sentencing, other times they may be released during that time period. When deciding a defendant’s sentence, the judge will consider various factors such as the nature of their crime and their criminal record.

Your Rights in a Criminal Trial

Individuals facing criminal charges are entitled to a public trial without unnecessary delays under the Sixth Amendment of the U.S. Constitution. In a criminal trial, everyone has the right to an attorney, the right to an impartial jury, and the right to know the nature of the charges, evidence, and their accusers. 

Arrested people have the right to make a phone call and speak with an attorney while they are in custody. According to the Fifth Amendment, a defendant has the right to “plead the Fifth”, or remain silent and not answer any questions that could result in giving the prosecution evidence against them. This is known as the privilege against self-incrimination.

The police are legally required to read an arrested person their Miranda rights, which include the right to remain silent, the right to speak to an attorney, and being informed that any statements made could be used against the defendant as evidence. If the defendant cannot afford an attorney, the state will provide them one at no cost to them. 

A defendant is presumed innocent until proven guilty. At trial the prosecution must prove the guilt of the defendant beyond a reasonable doubt. 

Habeas Corpus, another constitutional right, safeguards defendants from unlawful or indefinite imprisonment. If someone files a writ of Habeas Corpus, they must be released until the court determines whether they were lawfully imprisoned.

First-Time Offenders and Reductions

A first-time offender may be eligible for certain reductions in their sentence. In New Jersey, a sentence of a term of probation is often an option when the defendant is a first-time offender. In this situation, the defendant is allowed to remain out of jail under the supervision of a probation officer. In fact, New Jersey has a special probationary program known as Pre-Trial Intervention, in which first-time offenders can complete a supervisory period to avoid a criminal record. The supervision may include conditions such as drug treatment, restitution, and/or community service.  Hiring an attorney will help see that a defendant gets the best chance to be approved for a sentence reduction and/or the Pre-Trial Intervention Program.

There are other options for people arrested without a prior criminal record. They may be eligible for an adjournment in contemplation of dismissal, which can involve a condition such as community service hours. The case is then adjourned, or suspended, for six months. 

First-time offenders may also be eligible for rehabilitation or counseling. For example, the New Jersey Recovery Courts Program is an alternative program for non-violent offenders who committed drug-related offenses. The program provides rehabilitation and supportive services to treat clients and help them avoid jail time.

Consequences of a Criminal Conviction

There are many possible consequences of a criminal conviction. Here are some of them:

Immigration Status

Criminal convictions can have consequences for one’s immigration status. For example, a non-U.S. citizen who has been convicted of a crime faces the risk of detention or deportation by Immigration and Customs Enforcement. Although not all crimes result in deportation, crimes categorized as “aggravated felonies” or as “crimes of moral turpitude” are more likely to face severe consequences. 

Depending on the nature of their crime, an immigrant attempting to re-enter the country after leaving for travel could face difficulties. A lawful immigrant may also be at risk of losing their citizenship status. It is crucial to speak to an attorney about whether one’s criminal conviction puts them at risk of deportation or detainment. 

Public and Private Housing

In New Jersey, when a person is arrested for a crime and lives in public housing, they and their family may be at risk of eviction. However, it depends on the crime. 

When applying for public housing, under the Fair Chance in Housing Act (FCHA), landlords cannot consider the applicant’s criminal record until they extend an offer and grant the conditional contract. A housing provider may not ask about one’s criminal history in the initial application. 

Also under the FCHA, the evidence that an applicant is a risk to other tenants must be reliable and not speculative. After issuing an offer, housing providers can consider certain crimes before admitting an applicant, such as murder, sexual assault, kidnapping, arson, or the endangerment of a child. 

In private housing, a tenant can be lawfully evicted in New Jersey if the court grants the landlord a judgment for possession and a warrant of removal. A landlord may also try to evict someone arrested for a drug-related charge, even while the case is still open. The eviction process can be delayed or fought by hiring a lawyer. 

Employment

An employer can decide not to hire someone with a criminal record, but they are prohibited from denying an application if the applicant’s conviction has been pardoned or expunged. Employers are required to provide notice to the applicant if they reject them because of their criminal record. New Jersey’s “ban the box” law also prohibits employers with more than 15 employees from accessing the criminal records of an applicant during the initial application process. 

A criminal conviction can also make it difficult to:

• Travel 
• Obtain insurance or financing (e.g. a mortgage)
• Adopt a child 
• Hold public office

Expungement of Criminal Records

In New Jersey, an individual with a criminal record can apply for expungement. Expungement is the removal and erasure of all files relating to a particular conviction. The law treats an expungement like the crime never happened. 

An individual may be eligible for an expungement in as early as six months or two to five years depending on their conviction. It’s important to note that they only become eligible after serving their sentence, and after all fines and fees related to their conviction have been paid. Typically, individuals are limited to expunging only one indictable conviction, or serious crime, unless more than ten years from passed from the completion of their sentencing. Certain felonies, such as homicide, robbery, arson, and sex crimes, cannot be expunged.

A judge will likely grant an individual an expungement if there is no opposition, such as from law enforcement. After the expungement is processed, it will be sent to government agencies, including police departments, courts, and the FBI. 

Why Hire Rosenblum Instead of Using a Public Defender

A criminal conviction is confusing and consequential, and the criminal process can be difficult to navigate. A convicted person deserves a dedicated attorney with the ability to meet each client’s individual needs.

An attorney from Rosenblum Law has the time and resources to provide their clients with specialized support. Every case is assigned to an expert attorney and a full-time case manager to ensure every client receives the most effective representation and achieves the best possible outcome. A Rosenblum attorney will fight during plea negotiations to make sure the defendant gets the best deal they can, rather than just taking the prosecutor’s first offer. If we don’t get a good offer, we will take your case to trial. Plus, we offer flexible payment plans, remote consultations, and in-person consultations.

Public defenders cannot provide this same level of individualized support because they are often overloaded with cases. Plus, once a defendant has been assigned a public defender, replacing them is extremely difficult, even if they feel unheard or like their interests are not being protected.

With more than 25 years of combined experience and a 97% success rate across all practice areas, clients can feel confident in their decision to choose Rosenblum Law. A 15-year-long A+ rating by the Better Business Bureau demonstrates the firm’s commitment and dedication to each of its clients.

NJ Criminal Defense Practice Areas

• Assault in New Jersey – N.J.S.A. 2C:12-1
  • Aggravated Assault in New Jersey – N.J.S.A 2C:12-1(b)
  • Assault by Automobile in New Jersey – N.J.S.A 2C:12-1(c)
  • Simple Assault in New Jersey – N.J.S.A 2C:12-1(a)
• Bad Checks in New Jersey – N.J.S.A 2C:21-5
• Bank Fraud – 18 U.S.C. § 1344
• Burglary in New Jersey – N.J.SA. 2C:18-2
• Car Burglary in New Jersey – N.J.S.A 2C:18-2
• Child Pornography Defense Lawyer In New Jersey
• Commercial Bribery in New Jersey – N.J.S.A. 2C:21-10
• Copyright Infringement Lawsuit Defense
• Copyright Infringement Defense
• Copyright Infringement Notice from the ISP: A Guide
  • • Why You Should Settle Your Copyright Infringement Case (And Soon)
  • Summons or Notice of Default Judgement by Malibu Media
  • Summons or Notice of Default Judgement by Strike 3 Holdings
    • Strike 3 Holdings Settlement Costs
    • Why Fight a Strike 3 Holdings Lawsuit Right Away?
    • Why Is Strike 3 Suing Me in Florida?
• Crimes Resulting in Immigration Issues and Deportation
• Criminal Appeals in New Jersey
• Criminal Attempt in New Jersey – NJSA 2C:5-1
• Criminal Battery in New Jersey – N.J.S.A. 2C:12-1(b)
• Criminal Coercion in New Jersey – N.J.S.A. 2C:13-5
• Criminal Conspiracy in New Jersey – N.J.S.A 2C:5-2
• Criminal Defense Attorney in Hackensack, New Jersey
• Criminal Defense Attorney in Newark, New Jersey
• Criminal Trespassing In New Jersey – N.J.S.A. 2C:18-3
• CSL and PSL Violations in New Jersey – N.J.S.A 2C:43-6.4
• Custodial Interference in New Jersey – N.J.S.A. 2C:13-4
• Cyberbullying in NJ – N.J.S.A. 2C:33-4.1
• Disorderly Conduct in New Jersey – N.J.S.A 2C:33-2
• Disorderly Persons Offense in New Jersey – NJSA 2C:1-4
• Domestic Violence And Abuse In New Jersey
• Drug Charges in New Jersey – N.J.S.A. 2C:36-2
  • Caught with Drugs at Newark Liberty International Airport
  • Drug Crimes And Your Immigration Status
  • Drug Overdose in New Jersey | The Overdose Prevention Act
  • Drug Possession in New Jersey – 2C:35-10
    • Caught with drugs in college: What to do when you’re arrested for possession
    • Opioids Possession and Sale in New Jersey (N.J.S.A. 2C:35-10.5)
    • Possession of Heroin in New Jersey – 2C:35-10
  • Drug Possession with Intent to Sell in New Jersey – N.J.S.A. 2C:35-5
    • Selling Drugs on or Near School Grounds in New Jersey – N.J.S.A 2C:35-7
  • Federal Drug Crimes
  • Possession & Distribution of Drugs Without A Valid Prescription
  • Possession With Intent to Distribute Drugs in New Jersey
  • Q & A: Caught With Drugs in Your Car
  • Q & A: First-Time Drug Offenders in NJ
• DUI & DWI Lawyer in New Jersey
  • DUI‌ ‌Charge‌s ‌in‌ ‌New‌ ‌Jersey‌: A‌ ‌Practical‌ ‌Guide‌
  • DUI in a School Zone in New Jersey – N.J.S.A. 39:4-50(g)
  • DWI in New Jersey With an Out-of-State License
  • First Time DWI or DUI in New Jersey
  • Refusing a Breathalyzer in New Jersey – N.J.S.A 39:4-50.4(a)
  • Second DUI Offense in NJ?: What to Do
  • Underage DUI in New Jersey – 39:4-50.14
  • What Are the Chances of Beating a DUI in NJ?
• Embezzlement in New Jersey – N.J.S.A. 2C:20-3-11
• Failing to Respond to a NJ Summons / Failure to Appear in Court in NJ
• False Document Crimes in New Jersey – 2C:21
  • Counterfeiting Charges in NJ
  • Falsifying Business Records in New Jersey (N.J.S.A. 2C:21-4)
  • Forgery Charges in NJ – N.J.S.A. 2C:21-1a
  • Getting Caught With a Fake ID in New Jersey (N.J.S.A. 2C:21-2.1C)
  • Making a Fake ID (N.J.S.A. 2C:21-17.3a)
• Falsely Obtaining Unemployment Insurance Benefits While Working – 2C:21-4:6
• FEMA Fraud in New Jersey – N.J.S.A. 2C:20-4
• Fireworks in New Jersey – N.J.S.A. 21:3-1 & N.J.S.A. 21:3-2
• Hate Crimes in New Jersey
• Health Care Fraud – N.J.S.A. 2C:21-4.2
• Identity Theft in New Jersey – N.J.S.A. 2C:21-17
• Indecent Exposure and Lewdness in NJ – N.J.S.A. 2C:14-4
• Insider Trading
• Insurance Fraud in New Jersey – N.J.S.A 2C:21-4.6
• Juvenile Crimes in New Jersey – N.J.S.A. 2A:4A-23
• Mortgage Fraud in New Jersey – N.J.S.A. 2C:20-4
• Modify Criminal Probation in New Jersey
• New Jersey Open Container Law – N.J.S.A. 39:4-51b
• Obstruction of Justice – N.J.S.A. 2C:29-1
• Offering a False Instrument for Filing in New Jersey – 2C:21-3b
  • Offering a False Instrument and Immigration
• Official Misconduct in New Jersey – N.J.S.A. 2C:30-2
• Payroll Protection Program (PPP Loan) Fraud
• Perjury in New Jersey – N.J.S.A. 2C:28-1
• Piracy Crimes in NJ – 17 USC § 506
• Possessing Stolen Property in New Jersey – N.J.S.A. 2C:20-7
• Pre-Trial Intervention (PTI) – N.J.S.A. 2C:43-12
• Probation in New Jersey
  • Probation Violations in NJ
• Public Lewdness at a Nude Beach in NJ – 36 CFR 7.29(c)
• Racketeering Charges in New Jersey – N.J.S.A. 2C:41-1
• Resisting Arrest in New Jersey – N.J.S.A 2C:29-2
• Robbery in New Jersey – N.J.S.A. 2C:15-1
• Serving or Selling Alcohol to a Minor – 2C:33-17
• Shoplifting Lawyer in New Jersey – N.J.S.A. 2C:20
  • First Time Shoplifting Charges in New Jersey: What You Need to Know
  • Guide to Defending Against Shoplifting Charges in New Jersey
  • Juvenile’s Caught Shoplifting in NJ – 2C:20-11
  • Q & A: Shoplifting in NJ
  • Shoplifting at the Short Hills Mall in Short Hills, NJ
  • Shoplifting at Westfield Garden State Plaza in Paramus, NJ
  • Shoplifting at Willowbrook Mall in Wayne, NJ
  • Shoplifting from Target in New Jersey
  • Shoplifting from Walmart in New Jersey
  • Shoplifting from JCPenney in New Jersey
  • Shoplifting From ShopRite in New Jersey
  • Shoplifting From the American Dream Mall in New Jersey
  • Shoplifting From Macy’s in New Jersey
  • What Can Shoplifting Do to My Immigration Status?
• Statutes of Limitation in New Jersey
• Tax Crimes in New Jersey
• Terminate Criminal Probation in New Jersey
• Terroristic Threats in New Jersey
• The Graves Act & Firearm Possession in NJ – N.J.S.A. 2C:43-6(c)
• Theft by Unlawful Taking in New Jersey – N.J.S.A. 2C:20-3
• Underage Drinking in New Jersey – N.J.S.A 2C:33-15
• Unlawful Imprisonment in New Jersey – N.J.S.A. 2C:13-3
• Unlawful Use of a Credit Card – N.J.S.A. 2C:21-6
• Vandalism and Graffiti Charges in New Jersey – N.J.S.A. 2C:17-3
• Vehicular Homicide in New Jersey – 2C:11-5
• Violating a Restraining Order in New Jersey
• Violating an Order of Protection or Restraining Order in New Jersey – NJSA 2C:29-9
• Violating Coronavirus Restrictions in New Jersey – A:9-49
  • Restaurants and Bars that Violate Coronavirus Restrictions
• Weapon Possession Charges in New Jersey – N.J.S.A. 2C:39-5
  • First Offense Gun Charges in New Jersey
  • Illegal Weapons in New Jersey
  • Unlawful Possession of a Handgun in New Jersey
  • Possession of a Firearm for Unlawful Purposes in New Jersey
  • Possession of a Weapon at Newark Liberty Airport
  • Carrying a Weapon at Newark Liberty International Airport
  • How to Fight Gun Charges in New Jersey
• Welfare Fraud in New Jersey – N.J.S.A. 2C:20-4
• Workers Compensation Fraud | Filing a False Workers Compensation Claim
• Your Rights When Getting Arrested in NJ