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About Criminal Defense
New Jersey has established procedures that guide the courts from the moment a complaint is filed to the point of sentencing.
Although the accused and their families may not have comprehensive knowledge of the legal process, understanding how to prepare can reduce anxiety. The following discussion provides an overview of the criminal defense process, including the pre-trial stage, trial, and sentencing.
What is Criminal Defense
What most states call a “felony” is called an “indictable crime” in New Jersey. These are charges that require a formal trial to resolve. Less serious offenses, known as “misdemeanors” in other states, are termed “disorderly person’s offenses”.
New Jersey classifies criminal offenses depending on their seriousness and the type of punishment they lead to if the defendant should be found guilty. All crimes fall into one of six levels, with levels one through four being serious offenses punishable by up to 20 years of incarceration.
Whenever someone is accused of a crime in New Jersey, they have the right to defend themselves in court. Police officers who arrest suspects are not usually witnesses to the crimes they are accused of. It is important for the accused to have time to plead their case.
The criminal process begins when someone lodges a complaint with the authorities about an offense or when a law enforcement officer witnesses a crime. The police arrest the suspect or summon them to appear before a judge.
Throughout the process, the court serves justice by adhering to three principles—judicial independence, open proceedings, and equal treatment. Equal treatment is essential. Whether a suspect is rich or poor, religious or not, should not influence the case’s outcome. Qualities such as language, sexual orientation, ethnic background, or physical abilities are considered protected statuses and should never affect the court’s ruling.
Where are Criminal Cases Tried
New Jersey has different courts to handle specific cases.
For example, every municipality has its court. Unlike the lower courts—municipal and tax courts—that tackle particular subject matters, the superior court is the trial court of general jurisdiction.
There is one superior court in each of New Jersey’s 21 counties. Criminal and family law cases are tried in these courts.
New Jersey has a process for differentiating lighter offenses from more serious criminal charges.
Classification of Criminal Offenses
What most states call a “felony” is called an “indictable crime” in New Jersey. These are charges that require a formal trial to resolve. Less serious offenses, known as “misdemeanors” in other states, are termed “disorderly person’s offenses”. New Jersey classifies criminal offenses depending on their seriousness and the type of punishment they lead to if the defendant should be found guilty. All crimes fall into one of six levels, with levels one through four being serious offenses punishable by up to 20 years of incarceration.
Criminal offenses may result in long prison terms and costly restitution fines. Contact us today to get help.
Pre-Trial Stages
Preparing for a criminal trial in New Jersey involves several stages:
When the police witness a crime or someone files a complaint, an investigation begins. The goal is to determine that someone has committed an offense worth addressing.
Armed with an arrest warrant, law officers will arrest the suspect. Some individuals may surrender themselves willingly upon receiving a court summons.
It is paramount that the police explain to the accused that they need to place them under arrest and begin the booking process. The accuser must officially press charges. This step helps to facilitate the speedy trial to which everyone has a right in New Jersey.
Some suspects remain in detention while awaiting trial, while others may be released from pretrial detention on their own recognizance (ROR). However, courts typically impose reporting and other conditions, before a judge grants pretrial release. There is no monetary bail system in the State of New Jersey.
Before a verdict, an attorney can help first-time offenders request an alternative program to avoid conviction. Those who qualify may serve a probation period and a suspended sentence. Their charges would be dropped upon completion, and any confiscated documents released.
If you and your attorney feel that your chances of an innocent verdict are slim, they may suggest you plead guilty in exchange for probation in lieu of a jail term. Also, discussing your options such as applying to a diversionary program Pre Trial Intervention (PTI) with a New Jersey criminal defense attorney may allow you to negotiate other ways of resolving the matter.
New Jersey’s grand jury is made up of 23 members of the community whose job is to listen to the prosecutor present evidence to prove a need for indictment. Neither the suspect nor their attorney is present at a grand jury. If the jury decides that the prosecution has a valid case, the case is indicted, and prosecution proceeds.
Arraignment occurs within 14 days of the grand jury indictment. It’s usually the first time a suspect appears before a judge. Every defendant should attend this hearing to avoid additional charges for missing the arraignment.
The judge holds a pre-trial conference to determine whether plea bargains are being offered. This conference should take place within 60 days after the arraignment.
You have a right to a bench or jury trial. The facts of the case can affect who determines the verdict, whether a judge or a jury. Preparing a criminal defense in New Jersey is a long process, which means that for anyone facing such circumstances, retaining a criminal defense attorney is a worthy investment.
The bench typically sets the sentence terms and penalties. Any defendant can appeal a decision they feel is unfair.
Preparation
With so much at stake, finding a skilled criminal defense attorney in New Jersey is crucial. The Law Office of Leon Matchin has a proven track record of aggressively fighting for its clients and protecting your rights. We always advise finding experienced legal counsel.
As an additional resource, our website has informative vlog videos to help individuals and their families better understand the New Jersey criminal defense process.
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