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If you are a resident of Hackensack, New Jersey, and you or someone you love is facing criminal charges, you are probably overwhelmed and confused about what to do next. The criminal justice system in New Jersey is complex, and a criminal record can significantly impact your future. From the initial arrest to potential court proceedings and sentencing, each stage of the process requires careful handling and strategic legal expertise.
At Rosenblum Law, our criminal defense attorneys have years of experience and a track record of success. One of our attorneys will provide you with the expertise that is essential to increase the likelihood of a favorable outcome.
This article will explore the arrest and criminal processes in New Jersey, the types and consequences of criminal charges, and the responsibilities of a criminal defense attorney in guiding you through this process.
The Arrest Process in New Jersey Explained
When an individual is arrested in New Jersey, the police bring them to an initial processing in a police precinct. There are certain rights every individual has during arrest and processing. In particular, the police will inform the arrested individual (the defendant) of their Miranda rights, which generally includes an officer reciting a phrase similar to the following:
“You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to have an attorney present now and during any future questioning. If you cannot afford an attorney, one will be appointed for you at no cost.”
After arrest, everyone is entitled and advised to make a phone call and contact an attorney. Additionally, defendants should refrain from answering any questions or signing any documents relating to their alleged crime(s). The police will terminate their questioning once the individual requests to speak to an attorney.
The arrested individual will then go through the booking process, where basic information will be collected, such as the individual’s:
- Name, address, birthdate, and crime
- Fingerprints
- Mugshot (photograph)
- DNA sample
Next is the arraignment, during which a judge reads the defendant’s criminal charges and asks if they would like to plead guilty or not guilty. The defendant should be represented by an attorney at the arraignment. The attorney will guide their client through the other aspects of the criminal process in New Jersey, such as the bail hearing, the exchange of evidence in discovery, and the potential criminal trial.
Understanding Criminal Charges
Types of Criminal Charges in New Jersey
There are three categories of criminal charges in New Jersey: petty disorderly persons offenses, disorderly persons offenses, and indictable offenses:
- Petty Disorderly Persons Offenses: the least severe criminal offenses, typically involving misdemeanors and minor infractions such as disorderly conduct, harassment, and trespassing.
- Disorderly Persons Offenses: more severe than petty disorderly persons offenses, but less severe than indictable offenses. Examples include simple assault, shop lighting of low-value items, and certain drug offenses.
- Indictable Offenses: the equivalent of what is known as a “felony” in other states. These are the most serious crimes, and examples include murder, rape, aggravated assault, armed robbery, burglary, and drug trafficking.
Consequences
The consequences for each classification of crime in New Jersey are as follows:
- Petty Disorderly Persons Offenses: punishable by up to 30 days in jail and a $500 fine.
- Disorderly Persons Offenses: punishable by up to six months in jail and a $1,000 fine.
- Indictable Offenses: can vary between 1 year to life in prison, depending on the degree of the offense, which can be a first-, second-, third-, or fourth-degree offense. Certain crimes are also eligible for probation.
The Role of a Criminal Defense Attorney in New Jersey
A criminal defense attorney in New Jersey is vital to ensuring that defendants understand their rights and are adequately represented. Some of the key responsibilities of a criminal defense attorney include:
- Case Evaluation: An attorney reviews all evidence to identify strengths and weaknesses in the prosecution’s case. They also assess their client’s case, explain possible outcomes, and offer legal advice about their options.
- Legal Strategy: The attorney formulates a defense strategy tailored to the circumstances and needs of their client.
- Negotiations: The attorney negotiates with the prosecution to get reduced charges or alternative sentencing options for their client. This can minimize the potential penalties or secure a more favorable outcome.
- Trial Preparation: If a case goes to trial, the attorney creates a legal defense strategy, gathers evidence, and secures expert testimony.
- Court Representation: The attorney represents their client in all court appearances by presenting arguments, cross-examining witnesses, and ensuring that the client’s rights are protected.
- Post-Trial Support: The attorney assists their client with issues that arise after trial, such as filing an appeal or seeking a modified sentence.
FAQs
The criminal process in New Jersey usually starts with an arrest by law enforcement and the booking process, which is followed by a court appearance where bail and charges are addressed. The process then moves through arraignment, pre-trial motions, and a potential trial.
A criminal defense attorney will evaluate your case, offer legal advice, formulate a defense, and guide you through each stage of the legal process. Their expertise in criminal defense law in New Jersey will allow them to challenge the prosecution’s evidence, negotiate favorable terms, and represent you in court to protect your rights.
A criminal defense attorney can help you through the process of expungement, or removing a conviction from your criminal record. An expungement can remove the barriers that arise when someone has a criminal record, such as barriers to housing and employment.
A plea deal is an agreement between the defendant and the prosecutor, in which the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence. Decide whether to accept a plea deal after consulting your attorney, who can evaluate the strengths and weaknesses of your case and your chances of obtaining a not-guilty verdict at trial.
The criminal justice process can take anywhere from a few months to many years. The exact time frame depends on the complexity of the case, the nature of the charges, and the court’s schedule. Some cases may resolve quickly through plea deals, while others can last many years if they go to trial or involve appeals.
Contact Rosenblum Law Today
The criminal justice process, from the initial arrest to the trial and sentencing, is complex and can be confusing. Expert representation will ensure the best chance of a favorable outcome. The experienced criminal defense attorneys at Rosenblum Law are skilled in handling a wide range of criminal defense cases. Contact us online or by phone, or visit us in-person at our Clifton office, located at 777 Passaic Ave Suite #460, Clifton, NJ 07012. Our office is conveniently located about 25 minutes, or 9.5 miles, from Hackensack, New Jersey.
Last updated: Oct 21, 2024
