What You Need to Know About
Initiating the Criminal Defense Process

The criminal process in New Jersey typically begins with an arrest or a formal charge. This can happen in a few ways:

1. Police Arrest – If law enforcement witnesses a crime or has probable cause, they can arrest you on the spot.
2. Citizen Complaint – A private individual can file a complaint with the court, which may lead to charges against you after an investigation of the alleged crime.
3. Grand Jury Indictment – When more serious crimes are involved, a grand jury convenes to review evidence and determine whether the prosecutors should file formal charges against you.

Under N.J.S.A. 2C:1-6, most criminal charges have a statute of limitations. For example, prosecutors have five years to file charges for indictable offenses and one year for disorderly persons offenses.

After your arrest, you will appear in court for an initial appearance. Here is what you need to know:

• When – If you were placed into custody after your arrest, the initial court appearance must take place within 72 hours. If you were released, it must occur without unnecessary delays (N.J. Court Rule 3:4-1).
• Charges – The judge will read the charges against you and inform you of your rights.
• Your Lawyer – If you cannot afford a defense lawyer, the court may appoint one.

Bail Considerations – The judge may decide whether you should be released on bail or detained until trial. 

Before a case goes to trial, there is often a pre-indictment conference where the defense and prosecution meet to discuss the following:

• Possible dismissal of weak charges.
• Reduction of charges based on evidence.
• The possibility of reaching a plea bargain to settle the case early:

• During this period, your attorney can begin to negotiate for a lighter sentence or secure alternative sentencing, such as probation, a conditional discharge or dismissal, or a pre-trial diversion program.
• In some cases, prosecutors offer reduced charges in exchange for a guilty plea.

To protect your rights, it is crucial that you have an attorney review the prosecutors’ offer and negotiate the best possible outcome before accepting any plea bargain.

For indictable offenses not resolved in the previous phases, a grand jury will determine if the prosecutors have enough evidence to proceed with formal charges:

• Grand Jury – This consists of 23 citizens who will review the evidence presented by the prosecution and decide whether there is probable cause to support an indictment against you. 
• Your Role – You cannot testify or have an attorney present evidence or cross-examine witnesses.
• Possible Outcomes – The grand jury can proceed with an indictment, dismiss the charges, or reduce the charges.

An experienced criminal defense attorney can still play a critical role by challenging the prosecution’s evidence, filing pre-trial motions, and negotiating an alternative resolution before the case reaches a grand jury.

If a grand jury issues an indictment against you, you must appear in court again for an arraignment. This formal hearing must take place within 50 days of your indictment. 

The Arraignment Process

During the arraignment, the judge reads the charges, and you enter a plea. The available plea options are:

• Not guilty – The case proceeds to trial.
• Guilty – The case moves to sentencing.
• No contest (also known as nolo contendere) – You do not admit guilt but accept the punishment.

Most defendants plead not guilty at this stage, allowing their New Jersey criminal defense attorney to continue developing a defense strategy, filing motions, and negotiating with the prosecutors.

Pre-Trial Motions

After arraignment, both the defense and prosecutors can file pre-trial motions to influence the direction of the case. Some of the most common motions include:

• Motion to Suppress Evidence – Used to exclude unlawfully obtained evidence under N.J. Court Rule 3:5-7).
• Motion to Dismiss – If prosecutors lack sufficient evidence to convict you, the judge may dismiss the case.
• Motion for Discovery – Used to request access to all evidence the prosecution intends to use.
• Motion to Change Venue – Used to request a different court location if there is reason to believe that the defendant is unlikely to receive a fair trial in the current jurisdiction.

A strong pre-trial motion strategy can reduce the charges, weaken the prosecution’s case, or even result in a full dismissal of the case.

If your attorney does not reach a plea bargain with the prosecutors or secure a dismissal, the case will proceed to trial. Criminal defendants in New Jersey can choose between two types of trials:

1. Jury trial – A panel of 12 jurors will decide the verdict.
2. Bench trial – A judge alone will determine your guilt or innocence.

Most criminal defendants opt for a jury trial, as it allows their attorney to appeal to a jury’s sympathy or emotions or present complex facts more effectively. An experienced New Jersey criminal defense attorney can help you decide the best option for your situation.

Phases of a Criminal Trial

A criminal trial follows a structured process to ensure fairness:

1. Jury Selection – Both the prosecution and the defense get to choose jurors to ensure impartiality.
2. Opening Statements – Both sides outline their arguments.
3. Presentation of Evidence – The prosecution introduces witnesses and physical evidence against you.
4. Cross-examinations – Your attorney challenges the prosecution’s case and vice versa.
5. Defense Presents Its Case – Your defense attorney presents witnesses and arguments in your favor.
6. Closing Arguments – Both sides make final statements.

Jury Deliberation & Verdict – The jury deliberates and finds you guilty or not guilty. A hung jury can also occur, meaning the jury cannot agree on a verdict, and the case may need to be retried.

If you are found guilty, the case moves to the sentencing phase, where a judge will decide your penalties. 

Sentencing Hearing

During the sentencing hearing, a judge will review the details of the case and impose penalties based on the following factors:

• The severity of the offense.
• Your criminal history.
• Victim impact statements.
• Mitigating circumstances.
• New Jersey’s sentencing guidelines (N.J.S.A. 2C:43-1).

Appeals Process

A guilty verdict is not always the final outcome. You may have the right to appeal a conviction if legal errors were made during your trial. 

Grounds for appeal in New Jersey include:

• Improperly admitted evidence.
• Ineffective assistance of counsel.
• Judicial misconduct.
• Insufficient evidence to support a conviction.

An appeal must be filed with the New Jersey Appellate Division, which will review the case for legal mistakes. If the appeal is successful, the court may either:

1. Reverse the conviction.
2. Order a new trial.
3. Reduce the sentence.

Appealing a criminal conviction requires a skilled New Jersey criminal defense attorney to identify errors and present a strong argument to the appellate court.