Being charged with a criminal offense can be an intimidating and complex experience, especially for a first-time offender. The prospect of being put behind bars is never fun. Understanding the process of being charged with a crime can help individuals navigate their way through the system. If you have been arrested for a crime in New Jersey and require legal representation or advice, do not hesitate to contact an experienced Bergen County criminal defense attorney today.
What is the Process of Being Charged with a Crime in NJ?
Criminal offenses in New Jersey are handled by the NJ Superior Courts. Below is the general process of being charged with a crime.
- Arrest: The process will officially begin by law enforcement making an arrest. They may have conducted an investigation beforehand, been tipped off about criminal activity, or simply witnessed you commit a crime. If they have probable cause to believe that you committed a crime they can arrest and detain you.
- Intake: You will then generally be taken to a local police station or jail for booking. During this process your identity will be verified, you may give a statement, and you will give up your personal effects before being placed in a holding cell.
- First appearance: The first hearing will generally take place within 48 hours of your arrest. During this appearance, you will be brought before a judge who will explain the charges being brought against you, inform you of your rights, and potentially set bail. If it is determined that you are eligible for bail the judge will set an appropriate amount based on the severity of your crime, your criminal history, whether you are a flight risk, the danger you pose to the community, etc. One of the rights you are afforded is the right to adequate legal representation. It is important that you obtain help from a skilled attorney during this process.
- Pre-trial hearings: When the charges have been formally filed, the defendant will have an arraignment and enter a plea of guilty or not guilty. In many cases, a plea bargain can be struck between the defense and prosecution at this time. The prosecution may offer lesser charges or a reduced sentence in exchange for the defendant’s guilty plea. Otherwise, there may be several pre-trial hearings where motions can be filed and addressed like a motion to suppress evidence, dismiss the case, etc.
- Trial: If no plea deal is reached and the case goes to trial, the defendant will appear in court before a judge and/or jury. The prosecution will have the burden of proving the defendant’s guilt beyond a reasonable doubt. The defense will attempt to cast doubt on the opposing side’s case. Both parties will present evidence, call witnesses, and make arguments supporting their side. The judge or jury will then deliberate and issue a verdict of guilty or not guilty.
The legal process can be complex so it is important that you obtain skilled legal representation. Contact an attorney at the Law Office of Attorney Conway today to discuss your situation.
