Criminal Defense
What does it mean to be charged with a crime in New Jersey?
Every state has its own set of criminal statutes and treats different offenses accordingly. In New Jersey, indictable charges—the sort of allegations that must be presented to the grand jury before a person is considered formally charged—are called crimes. There is a separate category of more offenses called disorderly persons offenses, however, that are not addressed by the Superior Court, but rather handled in the municipal courts found in nearly every town in the state. They include minor criminal offenses like simple assault or harassment.
How serious is the crime I’ve been charged with? How much trouble am I in?
There are four degrees of crime and although the potential punishments vary all the way from probation to life in prison, the consequences of having a criminal record are not limited to the obvious and devastating loss of liberty that comes with jail or prison time. An experienced criminal defense lawyer will understand the possible collateral consequences of a criminal conviction, and can work toward a resolution of your charges that takes into account custody of children, professional licenses, the ability to own firearms or hold public office in the future, as well as immigration status.
What are the possible outcomes for my case?
A person accused of a crime in New Jersey has a right to a trial where the State must prove guilt beyond a reasonable doubt to a jury of twelve. That said, the vast majority of cases are resolved in a manner other than trial. In certain circumstances, it may be possible for a person charged with a crime to avoid a felony conviction. Considering how a conviction can effect college admission, employment opportunities and eligibility for certain types of housing, avoiding those consequences and the risk of taking the case to trial can be an ideal outcome. Diversionary programs like Pre-Trial Intervention may be an option depending on the offense charged and the accused person’s criminal record.
What will my first court date be like?
The actual in-court process of a criminal proceeding in New Jersey depends on the seriousness of the allegations and sometimes, in which county the charges have been brought. Often a person accused of a non-violent 3rd or 4th degree felony—like criminal mischief, theft or possession of a controlled dangerous substance—is charged on a document called a complaint summons. In that situation, the person may never be taken into custody at all, or will be released after a brief time and given a notice to appear in court on a specific date called a first appearance. In some New Jersey counties, there are pre-indictment courts that where the goal is to determine whether an early resolution to the case is possible. However, not all counties follow this model and in those that do not, the first court date will be the arraignment—the first appearance in court after an indictment has been filed.
When the allegations involve 1st or 2nd degree felony offenses, or more serious circumstances for a lower degree felony, the charging document is called a complaint warrant. In that instance, the person accused is taken into custody and transported to the county jail for a period of hours or overnight. The first appearance in these cases takes place via virtual courtroom and it is at this point that the county prosecutor’s office decides whether or not to move for detention under the Criminal Justice Reform Act. If a detention motion is filed, the detention hearing will be the next court date for that matter. If no detention motion is filed, the person is either released on their own recognizance or with pre-trial monitoring conditions in place and provided a date for the next court appearance.
Can I ever get this charge off my record?
Whether a charge is dismissed or a person is found guilty of the offense after plea or trial, there is a record of the allegation. Having that record expunged can mean avoiding potentially uncomfortable conversations with future employers who see that charge pop up on a background check. There are a number of serious indictable charges that are not eligible for expungement, but most can be if the statute’s criteria are met.
No matter how serious the crime or how strong the evidence, if you have been charged with a crime, you need aggressive representation. That does not necessarily mean a lawyer who is unpleasant in your defense, but rather one who can clearly explain all of the issues in your case and your options in resolving it. There are only three ways for a criminal case to resolve: dismissal (the State chooses to cease prosecution), plea bargain (the Defendant chooses to end prosecution by acknowledging guilt), or a trial where a jury hears the admissible evidence and renders a verdict. At Forrester Law Firm, with offices in Trenton and Somerville, we have more than a dozen years of experience obtaining excellent outcomes for clients using all of these avenues. If you are facing criminal charges, contact us today for a free consultation.