Best Criminal Litigation Lawyers in New Jersey

About Criminal Litigation Law in New Jersey, United States

Criminal litigation in New Jersey refers to the legal processes surrounding the prosecution and defense of individuals accused of committing crimes. These cases involve the State of New Jersey, represented by a prosecutor, bringing charges against a person or entity for violating state criminal laws. Criminal offenses in New Jersey are categorized as indictable crimes (similar to felonies in other states), disorderly persons offenses (similar to misdemeanors), and petty disorderly persons offenses. The criminal litigation process typically includes investigation, arrest, preliminary hearings, plea negotiations, trial, and sentencing. Navigating this process can be complex and carries serious consequences for those involved.

Why You May Need a Lawyer

Retaining a criminal defense lawyer can be critical if you are facing any kind of criminal investigation or charges in New Jersey. A lawyer can advise you on your legal rights, build a strong defense, challenge evidence, negotiate plea deals, and represent you in court. You may need a lawyer in situations such as:

• Being arrested or charged with a crime
• Receiving a summons or being called to court for a criminal matter
• Learning you are under criminal investigation
• Facing DUI or DWI charges
• Being accused of theft, assault, drug offenses, or domestic violence
• Seeking to appeal a criminal conviction
• Wanting to expunge a criminal record

A skilled attorney can help protect your rights, reduce your exposure to penalties, and provide guidance through every stage of the legal process.

Local Laws Overview

New Jersey's criminal code is set forth in Title 2C of the New Jersey Statutes. The state uses unique classifications for criminal offenses, including indictable crimes (first through fourth degree), disorderly persons offenses, and petty disorderly persons offenses. Key aspects of criminal litigation in New Jersey include:

• The right to remain silent and have legal counsel under the New Jersey Constitution and the U.S. Constitution
• Plea bargaining is commonly used, with many cases resolved before trial
• Sentencing guidelines vary based on the degree and nature of the offense; some crimes carry mandatory minimum sentences
• Alternative programs, such as Pretrial Intervention (PTI), may be available for certain first-time offenders
• Strict laws on domestic violence, drug offenses, and firearms
• The expungement process allows eligible individuals to clear certain convictions from their record after meeting specific requirements
• New Jersey eliminated cash bail for many offenses, now using a risk-based pretrial release system

Frequently Asked Questions

What should I do if I am arrested in New Jersey?

Remain calm and exercise your right to remain silent. Politely request a lawyer and do not answer questions from police without legal counsel present. Anything you say can be used against you in court.

What are indictable crimes in New Jersey?

Indictable crimes are the most serious offenses in New Jersey, similar to felonies in other states. These include crimes such as murder, robbery, sexual assault, and certain drug offenses.

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

A disorderly persons offense is less serious than an indictable crime and is similar to a misdemeanor. The penalties are lighter, cases are usually handled in Municipal Court, and there is no right to jury trial. Indictable crimes are handled in Superior Court and carry more severe penalties.

Can I have my criminal record expunged in New Jersey?

Many offenses can be expunged after a waiting period if you meet eligibility requirements. Serious violent crimes and some drug offenses may not be eligible. Consulting an attorney is recommended to navigate the expungement process.

What happens at an arraignment?

An arraignment is your first formal court appearance where you are informed of the charges against you, advised of your rights, and asked to plead guilty or not guilty.

How is bail handled in New Jersey?

New Jersey has largely eliminated cash bail for many offenses and now uses a risk assessment tool to determine if a person should be held or released before trial.

What is Pretrial Intervention (PTI)?

PTI is a program for certain first-time offenders that allows them to avoid a criminal conviction by completing supervised probation, community service, or treatment. Successful completion results in dismissal of charges.

Do I need a lawyer if I am innocent?

Yes. Even if you are innocent, the criminal justice system is complex and errors or miscommunications can lead to wrongful convictions. A lawyer can protect your rights and help present your case effectively.

What are my rights if I am accused of a crime?

You have the right to remain silent, the right to legal counsel, the right to a fair and speedy trial, and the right to confront witnesses against you, among others. Your attorney will ensure these rights are protected.

What should I do if I receive a subpoena or witness summons?

Contact a lawyer before responding to a subpoena or witness summons. Speaking to authorities without understanding your role or rights can impact your legal standing.

Additional Resources

If you need guidance on criminal litigation in New Jersey, consider the following resources:

• New Jersey Judiciary - Information on the criminal division and court procedures
• New Jersey Office of the Public Defender - Provides legal aid for qualifying individuals facing criminal charges
• County Prosecutor’s Offices - Each county has a prosecutor handling criminal matters
• New Jersey State Bar Association - Lawyer referral service and legal resources
• Legal Services of New Jersey - Free or low-cost legal help for eligible individuals
• New Jersey Division of Criminal Justice - Information on criminal laws and rights

Next Steps

If you or someone you know is facing criminal charges in New Jersey, act quickly to protect your rights:

• Do not speak to law enforcement or others about your case without an attorney present
• Contact a qualified criminal defense lawyer experienced in New Jersey law
• Gather and preserve any documents or evidence related to your case
• Make note of important dates, such as court appearances or deadlines
• Consider reaching out to local legal aid organizations if you cannot afford an attorney

Early legal intervention can make a significant difference in the outcome of your case. A legal professional will evaluate your situation, explain your options, and guide you through the criminal litigation process toward the best possible result.