Best Criminal Defense Lawyers in New Jersey

About Criminal Defense Law in New Jersey, United States

Criminal defense law in New Jersey is a branch of law focused on protecting the rights of individuals accused of committing crimes. New Jersey's criminal justice system covers a wide range of offenses, from minor infractions to serious felonies. The process involves law enforcement agencies, prosecutors, defense attorneys, and the courts, all operating under established state laws and legal procedures. Defendants have specific constitutional and statutory rights, including the right to a fair trial, the right to remain silent, and the right to legal representation at every stage of the process. The goal of criminal defense is to ensure that individuals receive a fair hearing and that the prosecution must prove every element of the alleged offense beyond a reasonable doubt.

Why You May Need a Lawyer

If you are accused or suspected of a crime in New Jersey, having a qualified criminal defense attorney can have a profound impact on your case. Here are some common situations where legal assistance is critical:

• You have been arrested and charged with a criminal offense such as theft, assault, drug possession, DUI, or white-collar crime.
• You received a summons or notice to appear in criminal court.
• Police want to question you in connection with a criminal investigation.
• You have an outstanding warrant for your arrest.
• You believe your rights were violated during a search, seizure, or arrest.
• You need help with plea negotiations, pretrial motions, or exploring your sentencing options.
• You are facing potential jail time or other serious consequences.
• You want to expunge or seal a prior criminal record.
• You are a juvenile or a family member of a minor charged with a crime.

Criminal law is complex, and the stakes are high. An experienced lawyer can protect your rights, help you understand your legal options, develop defense strategies, and represent you in court.

Local Laws Overview

New Jersey has its own set of criminal statutes, court procedures, sentencing guidelines, and law enforcement practices that distinguish it from other states. Some key aspects of local criminal laws include:

• Title 2C of the New Jersey Statutes: This is the primary criminal code that sets forth the elements and penalties for most criminal offenses in the state.
• Degrees of Crimes: Crimes are categorized as indictable offenses (felonies), disorderly persons offenses (misdemeanors), or petty disorderly persons offenses. Each has different penalties and procedures.
• No Felony-Misdemeanor Terminology: New Jersey does not use the terms "felony" or "misdemeanor" but rather refers to crimes by degree and seriousness (first degree being the most serious).
• Mandatory Sentencing and Diversion Programs: Some crimes come with mandatory minimum sentences, but alternatives like Pretrial Intervention (PTI) or Drug Court may be available in certain cases.
• DUI Laws: New Jersey has strict DUI laws, and penalties can be severe even for first offenses. Unlike some states, there is no right to a jury trial for standard DUI cases.
• Expungement Eligibility: Recent changes have expanded the opportunities for expunging certain criminal records, but eligibility criteria and waiting periods apply.
• Bail Reform: The state uses a risk-based assessment for pretrial release instead of a traditional cash bail system, aiming to reduce unnecessary pretrial detention.
• Juvenile Justice: Juvenile offenders are usually handled in family court and may benefit from rehabilitative programs but can sometimes be tried as adults for serious charges.

Frequently Asked Questions

What happens after I am arrested in New Jersey?

After an arrest, you may be taken to a police station for booking and held until a bail hearing or release. You are entitled to be informed of the charges against you and have the right to remain silent and to an attorney. You will appear before a judge for your first hearing, where conditions of your release or detention are determined.

Do I have to talk to the police if I am being investigated?

No, you have the right to remain silent when questioned by law enforcement. You should politely inform the police that you wish to speak with a lawyer before answering any questions.

What is the difference between a disorderly persons offense and an indictable offense?

A disorderly persons offense is similar to a misdemeanor, while an indictable offense is akin to a felony. Indictable offenses carry harsher penalties and are prosecuted in Superior Court. Disorderly persons offenses are heard in Municipal Court and generally result in lighter sentences.

Will I have a jury trial for my case?

You may have the right to a jury trial for indictable offenses. However, for most disorderly persons offenses and certain charges like standard DUI, your trial will be held before a judge without a jury.

Can I get my criminal record expunged in New Jersey?

Some criminal records are eligible for expungement, allowing you to erase the public record of your offense. Eligibility depends on the type of offense, the outcome, and the time that has passed. Certain violent crimes and serious offenses may not be expunged.

What is Pretrial Intervention (PTI)?

PTI is a diversionary program for first-time, non-violent offenders charged with indictable offenses. Successful completion of PTI can result in the dismissal of charges, so you avoid a criminal conviction on your record.

What are my rights if I am charged with a crime?

You have the right to be represented by a lawyer, to remain silent, to know the charges against you, to confront witnesses, and to a fair and speedy trial, among other rights protected by the US Constitution and the New Jersey Constitution.

What are the possible penalties if I am convicted?

Penalties vary based on the offense and can include fines, probation, community service, mandatory counseling, loss of driving privileges, and incarceration. Some offenses carry mandatory minimum sentences.

Can a lawyer help me if I am guilty?

Yes. Regardless of guilt, a defense lawyer can protect your rights, negotiate for reduced charges or lighter sentences, and advocate for favorable plea agreements or alternative dispositions.

What should I do if I cannot afford a lawyer?

If you cannot afford to hire a private attorney, you may request a public defender. The court will evaluate your financial situation to determine eligibility for a court-appointed lawyer.

Additional Resources

If you need more information or assistance with criminal defense in New Jersey, these resources can help:

• New Jersey Office of the Public Defender
• New Jersey State Bar Association
• New Jersey Courts - Criminal Division
• New Jersey Division of Criminal Justice
• Legal Services of New Jersey
• County Prosecutor’s Office - Victim/Witness Assistance Units
• Municipal Courts in your local area
• New Jersey Department of Law and Public Safety

Next Steps

If you are facing criminal accusations or believe you might need legal advice, do not wait to seek help. Here are some steps you can take:

• Exercise your right to remain silent and avoid discussing your case with anyone except your lawyer.
• Contact a qualified criminal defense attorney as soon as possible to discuss your options.
• Gather and save any documents, evidence, or information related to your case.
• Follow your lawyer's advice and attend all required court appearances or meetings.
• If you are unable to afford a private lawyer, apply for a public defender through the court.
• Educate yourself about your rights and the legal process using reputable sources.

Remember, early legal intervention can make a significant difference in the resolution of your criminal matter. If you have questions or concerns at any point, consult with a knowledgeable criminal defense attorney who understands the specific laws and procedures in New Jersey.