New Jersey Criminal Law

Being arrested is a time of anxiety and uncertainty. The criminal justice system is a labyrinth of laws, cops, prosecutors, judges, and jails; all of which at times can feel like they have the hand stacked against you. It is important to remember that many others have felt these feelings and been through the criminal justice system before you; many of them are ceIebrities and well known people who have been arrested.  Many which, with the right attorney, kept themselves out of jail and out of serious trouble. I feel it is important for every person to understand his or her rights within the criminal justice system. If you have been arrested or charged with a crime and would like to consult with our firm, please contact our firm and arrange a free consultation.

The most common charges that clients are charged with include some of the following:

• Assualt

• Stalking 

• Sexual Assault

• Robbery

• Arson

• Criminal Mischief

• Theft

• Criminal Trespass

• Shoplifting

• Credit Card Theft

• Prostitution

• Under-age Drinking

• Simple Drug Possession

• Weapons (Gun) Possession

Here are some basic things you should know if you have been arrested; or what I like to call Arrested 101

Your Rights When You Are Arrested

After an arrest on suspicion of a criminal offense, the two most important rights that you have are the right to remain silent and the right to be represented by a lawyer.

• Ask for a Lawyer.
• Do not talk to anyone about what happened.

This is the time to assert both of these rights. Do not try to explain what happened or try to tell your side of the story. That is a job for your criminal defense attorney. Do not give a statement, orally or in writing. If asked to sign a Miranda form, write "I WANT A LAWYER" then sign your name.

You do need to provide the police with your name, address, phone number and other information that identifies who you are. After you have given them this information, do not talk about the incident or offer any other information. This is not a social encounter. Anything you say can be used against you. A statement does not need to be a formal written statement signed by you in order for it to be used against you. This is the time to BE SILENT.

The charges will be written on either a summons or a warrant. If you are charged on a summons, you will be released after you are processed. If you are charged on a warrant, you will not be released until a bail has been set and someone posts the bail for you.

If you are released, immediately write a complete account of the incident. DO NOT SHARE THIS NARRATIVE WITH ANYONE ELSE BEFORE YOU TALK TO A LAWYER.

What Defense Attorney Is Right For You?

Within 24 hours of your arrest or being charged:

If you are released, contact our firm or a lawyer who specializes in criminal defense. If you are not released, have your family call our firm or a defense attorney of your choice.

An important question to ask a lawyer: What is your experience level with the type of crime I have been charged with? Speak to the attorney about what happened, the crimes you are charged with, who your witnesses are, whether you have an alibi, and what approach you want the attorney to take.

In selecting a defense lawyer, consider the level of experience that the lawyer has with the type of charges filed against you and the type of investigation that led to the charges being filed. Some charges and investigations require a lawyer to have a great deal of specialized knowledge in order to properly represent you.

Examples of these types of charges include cases where the State used wiretapping or electronic surveillance during its investigation, or a case in which you are charged with a serious crime involving the death of a victim, either during the incident or later due to injuries received during the incident.

The Consultation with a Lawyer

If you are able to retain a lawyer, do so before your first court appearance. The sooner the lawyer can start preparing your defense, the more effect the lawyer can have on how the case will be handled by the prosecution.

Bring the following to the consultation:

• The narrative writing you prepared of all the details of the incident

• All documents you have received regarding this incident

• All documents regarding any prior arrests or convictions

• Medical documentation for any condition you had at the time of the incident

• The names, addresses and telephone numbers of any witnesses

Considerations to discuss with a lawyer:

• The nature of the offenses currently charged

• The likelihood of additional charges being filed

• The possible sentence for the current charges

• Defenses that can be made based upon the facts of the case

• Witnesses that need to be interviewed by a defense investigator

• Motions that may affect the strength of the State case

• Medical conditions that may have had an impact on the incident

Court Procedure

Your first court appearance is called an arraignment. At this hearing, you will be advised by the judge of the charges filed against you. The judge will also ask if you have an attorney. This is an important hearing, and if at all possible, you want your defense lawyer to be retained prior to this hearing. If you have a lawyer at this hearing, the lawyer can try to achieve several things that will benefit you. These include getting a copy of the police reports about your charges, requesting a lower bail, and arguing for the charges to be downgraded.

Your second court appearance is called a plea disposition conference. Prior to this hearing, you and your attorney need to discuss the following:

• The legal issues raised in the police reports

• The plea offer the State is likely to make

• Your lawyer’s recommendations about the case

• The actions you want your lawyer to take

• What will happen if the case proceeds any further

• Your bail status

From this point on, the process and procedure of how the case will be handled by the court depends on the nature of the charges, the nature of the investigation, your prior record (or lack of a prior record), the decisions you made at the first and second court hearings, and other factors you and you lawyer will discuss.

For additional information, contact my office for a free initial consultation.

Degrees of Crimes:

In New Jersey there are differing levels of degrees of crimes. Each has its own level of penalty that may be applied if you are found guilty. If your charge is a first through fourth degree crime, then this is what is called an indictment. Indictment means that a majority of the 23 people in the grand jury room, after hearing the testimony of a police officer's summary of the evidence against you, believe that it is probable that a crime was committed, and you are guilty.

A first degree crime carries sentencing of 10 to 20 years.

A second degree crime carries sentencing of 5 to 10 years.

A third degree crime carries sentencing of 18 months to 5 years.

A fourth degree crimes carries sentencing of up to 18 months.

A disorderly person offense is a charge for disorderly conduct, harassment, assault, public drunkenness, minor drug offenses, or another charge for personal action.

A disorderly persons offense, commonly referred to as a "DP" carries no more that up to 6 months.

For Additional information on NJ Criminal Law navigate to link below:

http://www.nj.gov/oag/dcj/index.html