Facing criminal charges can be a daunting and overwhelming experience, especially if you are unfamiliar with the criminal defense process in New Jersey. Criminal defense cases involve an array of crimes, from less consequential offenses like disorderly conduct to felonies such as aggravated assault and burglary.
In Newark, New Jersey, a criminal defense attorney is crucial in guiding you through this complex process and safeguarding your rights. If you or a loved one has been accused of a criminal offense in Newark New Jersey, place your trust in our experienced team at Rosenblum Law. Our attorneys will bring a deep understanding of New Jersey’s criminal laws, courtroom procedures, and the local legal landscape in Newark to your defense.
In this article, we provide a detailed overview of criminal defense law in New Jersey, the essential role of a criminal defense attorney in Newark, and our comprehensive, skilled approach to criminal defense cases at Rosenblum Law.
Understanding Criminal Defense Law in Newark, NJ
Criminal defense law focuses on defending individuals who are accused of committing crimes. To understand what criminal defense law is in practice, it’s important to understand the types of criminal charges one might face and what the criminal justice process looks like.
Types of Criminal Charges
There are many different types of criminal charges in NJ, including:
- Petty Disorderly Persons Offenses: These include disorderly conduct, harassment, and trespassing. These crimes are punishable by up to 30 days in jail and a $500 fine.
- Disorderly Persons Offenses: these crimes include simple assault, shoplifting involving less than $200, and resisting arrest. These crimes are punishable by up to six months in jail and a $1,000 fine.
- Indictable Offenses: this includes murder, rape, aggravated assault, armed robbery, burglary, and drug trafficking. The consequences for these felony crimes can vary between 1 year to life in prison, with certain crimes also being eligible for probation.
The Criminal Justice Process
The criminal justice process in New Jersey begins with a complaint being filed and ends with a resolution by the court. The process typically involves:
- Intake and Arrest: An individual is charged with a criminal offense when a police officer issues a complaint, a citizen accuses them of committing a crime, or a grand jury files an indictment. The individual is then arrested if there is probable cause, or enough reason to believe, that they committed a crime.
- Initial Appearance: Within 48 hours of the arrest, the individual charged with the crime (the defendant) will appear before the judge. This first appearance consists of being informed of one’s charges, rights, and bail conditions.
- Bail Hearing: Bail is the payment of cash or bond for the release of the defendant, helping to ensure the defendant will attend their court hearing. The court will determine whether the defendant can be released on bail and what the conditions are for the bail.
- Grand Jury: Unless a criminal case has been downgraded or dismissed, the grand jury will review evidence to decide if the defendant can be indicted, or charged with, the crime(s) in question.
- Arraignment: This is the formal notification of the charges against the defendant. The defendant will enter a plea in response to the criminal charges against them. They can either plead guilty, not guilty, or no contest.
- Discovery and Pre-Trial Motions: When the defendant and the prosecution, or the party filing legal proceedings against the defendant, exchange evidence and file motions to request more information before the trial.
- Trial and Sentencing: If the case goes to trial, the prosecution and the defendant’s attorney will present evidence and arguments to prove their case. At trial, the prosecution must prove the guilt of the defendant beyond a reasonable doubt. The judge or jury will decide if the defendant is guilty or not guilty. If the defendant is found guilty, the judge will impose a sentence. Sentencing in a criminal case can include jail time, fines, probation, and/or community service.
What are Your Rights in a Criminal Case?
Individuals facing criminal charges must understand their rights. When an individual is arrested, they have the right to make a phone call and speak with an attorney while they are in custody. They also have the right to “plead the Fifth”, or remain silent and not answer any questions to avoid potentially incriminating themselves.
During the criminal trial, there are also several rights that the defendant should be aware of. The defendant has the right to:
- Be represented by an attorney
- Be given a public trial by an impartial jury without unnecessary delays
- Know the nature of the charges, evidence, and their accusers
Importance of Hiring a Criminal Defense Attorney in Newark, NJ
Hiring a criminal defense lawyer for a criminal case in New Jersey is crucial. An experienced attorney can assist in many way throughout the process, including:
- Legal Expertise: An attorney will have specialized knowledge of criminal law and court procedures, ensuring their client navigates the system effectively. An attorney will also ensure their client’s rights are upheld.
- Plea Bargaining: An attorney can negotiate reduced charges or favorable plea deals for their clients.
- Legal Strategy: An attorney will gather evidence, interview witnesses, and develop a strong legal defense strategy tailored to their client’s needs.
- Court Representation: If the criminal case goes to trial, an attorney will represent their client in court, presenting arguments and cross-examining witnesses.
- Appeals and Post-Conviction Motions: If there are legal grounds for challenging the conviction, new evidence is discovered, or there were errors that affected the fairness of the trial, an attorney will work to file an appeal or post-conviction motion on behalf of their client.
Our Specialized Approach to Criminal Defense Cases
At Rosenblum Law, we take a comprehensive and skilled approach to criminal defense cases. Our process is as follows:
- Free consultation: We evaluate the case and provide guidance for how the individual can proceed with our firm.
- Building the Case: Each client is partnered with both a full-time case manager and a dedicated, experienced attorney. Each client’s team will use their expertise to create a legal strategy tailored to the specific needs of the client and the circumstances of their case.
- Attending all Court Dates: One of our experienced attorneys will attend and prepare for all court appearances with their client and advocate on their behalf.
- Settling the Case or Conducting the trial: The defense counsel will meet with the prosecution and work to reduce the original charge(s) or dismiss the matter altogether. If an agreement cannot be met, one of our attorneys will represent the client at trial, employing the legal strategy they formulated and presenting evidence to work for an acquittal.
We complete our clients cases as effectively as possible so they have the chance to move on with peace of mind. We’ve handled 100,000+ cases as a firm, and received more than 1,000 5 out of 5-star client reviews. Our process guarantees each of our client’s needs are met, and are represented at the highest level.
FAQs
A criminal defense attorney in New Jersey will represent you if you are accused of committing a crime by providing legal guidance and advice. An attorney is important because they will represent their client in all court dates and create an effective defense strategy to defend.
Yes, a criminal defense attorney can guide you through the process of expungement. An expungement of a criminal offense removes the conviction from your criminal record, thus removing the barriers that come with having a criminal record, such as barriers to employment or housing.
The criminal justice process can take a few months to several years, depending on the complexity of the case, the nature of the charges against you, and the court’s schedule. Some cases may resolve quickly through plea deals, while others can last many years if it goes to trial or involves appeals.
Common defenses include arguing that the defendant did not commit the crime, they acted in self-defense, they lacked the required knowledge or intent, their identity was mistaken, or the search and seizure was unlawful. An attorney will best be able to create a legal defense strategy based on the specific elements and factors involved in your case.
You can prepare for an initial meeting with an attorney by gathering all relevant documents related to your case, such as arrest records and police reports. If you have any evidence that supports your case, your attorney should be made aware of this as well. Lastly, be prepared to provide a detailed account of the events of the crime, and to answer questions about your personal background and the charges against you.
Contact Rosenblum Law Today
At Rosenblum Law, our criminal defense attorneys are skilled in navigating all types of criminal cases. Our office is located at 777 Passaic Ave Suite #460, Clifton, NJ 07012, a convenient 20 minute drive from the Newark, New Jersey area.
Our attorneys will work diligently to craft a legal defense strategy tailored to your specific situation. To ensure you receive the best possible representation in your criminal case, contact us today for a free consultation and case evaluation.