The Criminal Process In New Jersey

Many people do not know what to expect after their arrest. We will help you understand what may happen next in your particular situation. The process depends on whether you are going through the municipal court, superior court, or federal court system. We have experience at all levels.

At the superior court level, after your arrest and intake, you will appear in court within 48 hours. The judge will decide on pretrial release, bail, or holding you in custody. At this point, the prosecutor may decide whether to offer a plea bargain or you could apply for a pretrial intervention program (PTI) to avoid conviction. The judge may also order a substance abuse evaluation.

If a grand jury indicts you, your next step will be an arraignment, where the court will formally tell you your charges and you enter a plea. If you have not entered a plea bargain or a PTI, your case will go to trial. Both sides will present evidence and either the judge or jury will issue a verdict. The judge will set a sentencing date if you are convicted. If not, you will be free to go.

Although this process may seem long and complicated, we will be by your side the entire time to help you understand your options at each step. We will also fight for a dismissal or lowered charges whenever possible. If the worst happens and you are convicted, we will discuss post-conviction motions and appeals.

Types of crimes in New Jersey

In New Jersey, you can be charged with one of three types of crimes/offenses: Indictable Offenses

An indictable offense is the most serious of all offenses in New Jersey. They are considered serious crimes, and people often refer to these offenses as felonies, even though the state of New Jersey has abolished that term. An indictable offense can range in degree from 1st degree (the most serious), to 4th degree. Indictable crimes include:

• Drug Crimes
• Possession of drugs (cocaine, heroin, LSD, etc.)
• DUI and Drunk Driving Charges
• Drug distribution
• Theft
• Aggravated assault
• Murder

If you have been charged with an indictable offense, you could be facing a substantial prison sentence in addition to heavy fines and a permanent criminal record. As with violations of city ordinances and disorderly/petty disorderly person offenses, your criminal record can only be removed after applying for an expungement.

Disorderly Person Offenses and Petty Disorderly Person Offenses

A Disorderly Person offense or Petty Disorderly Person offense is the most minor offense that one can be found guilty of under the New Jersey State Criminal Code. These types of offenses often include possession of marijuana under 50 grams, disorderly conduct, simple assault, harassment, shoplifting, and other petty crimes. If one is found guilty of a violating a disorderly person or petty disorderly person offense they can face fines and/or jail and under some circumstances, or a suspension of his/her driving privileges. In addition, this information may become a part of the person’s permanent criminal record which can only be removed by making an application to the court for an expungement.

Township/City Ordinances

A Township or City Ordinance is a law enacted by the municipality which prohibits certain types of conduct. These laws may cover everything from property and building maintenance issues to personal behavior. If one is found guilty of violating a township ordinance, he/she can face serious financial penalties and the possibility of jail. In addition, this information may become a part of the person’s permanent criminal record which can only be removed by making an application to the court for an expungement.

Expungements to Your Record

If you have been arrested and/or convicted of a crime, you probably have a criminal record. You will also have a criminal record even if you received a conditional discharge or PTI. Often, employers require background checks before hiring a potential applicant, and if you have a criminal record, regardless of how long ago the events occurred, it is likely that you will not be hired. All is not lost. The lawyers at Aiello, Harris, Abate, Law Group, PC, are well-versed in the laws concerning expungements and may be able to help you remove your criminal record, giving you a fresh start.

However, not everyone is entitled to an expungement; there are certain general requirements. To determine if you are eligible for an expungement. Contact our law firm today.