One of the intense and puzzling experiences of one’s life would be getting arrested. Regardless of whether one is dealing with a petty crime or a serious offence, having knowledge of what happens after arrest in New Jersey is important in both protecting one’s rights as well as making sound judgements.
A step-by-step guide in this article about the process after arrest in New Jersey will assist you to get through the criminal justice process in New Jersey after a conviction. From the initial encounter with law enforcement to your first court appearance and potential trial, we’ll unpack what one can encounter and having a defense attorney is crucial.
When you’re taken into custody it can feel crushing and puzzling. Here’s a breakdown of what you can expect:
The police must have probable cause to arrest you. Once arrested, they’ll take you into custody and the arrest process begins.
The first step in protecting yourself is to be silent as anything you say can be used against you in the court.
After the arrest, you are usually transported to a police station for booking.
At the station, police will:
Depending on the charges, you may be detained until your first court appearance. Alternatively, you may be released based on the nature of the charges and your flight risk.
Within 48 hours of your arrest in New Jersey, you must appear before a judge in a CJP hearing.
During this hearing, the judge will:
Rather than using conventional bail, New Jersey uses a risk-based evaluation under the Criminal Justice Reform Act (CJRA). This assesses if an individual will be set free with restrictions, subjected to judicial monitoring, or detained in custody before court proceedings. The judge evaluates:
Benefiting from an experienced criminal defense lawyer at or before your initial hearing can impact your bail stipulations, handling your charges of arrest in New Jersey, and early negotiations with state attorneys. A lawyer can:
Omojola Law fights to ensure your freedom is protected and that you’re treated fairly throughout the process.
If you’re not set free, you’ll be kept in custody until your detention proceedings. If you are set free, the pretrial stage begins, which encompasses:
Your defense attorney will receive all evidence the prosecution has regarding your arrest in New Jersey, including police reports, witness statements, and surveillance footage. This helps build your defense.
Your lawyer may file motions to dismiss or suppress evidence if it was obtained unlawfully.
In most cases, the counsel for the prosecution could present a plea agreement as a substitute for a guilty plea to lessen the charges of arrest in New Jersey. Whether you accept depends on the evidence, the strength of your defense, and your goals.
A plea deal could result in reduced charges or a more lenient sentence, but it’s important to carefully weigh the potential risks and benefits before making a decision.
For the first time, non-violent offenders in New Jersey are offered a Pretrial Intervention (PTI) Program that allows them to avoid criminal conviction by completing supervised rehabilitation and community service.
If no plea is reached, your case proceeds to trial:
If convicted, sentencing may occur immediately or at a later date.
If you are convicted, the judge considers various factors before sentencing:
Possible penalties of arrest in New Jersey include:
To ensure both public safety as well as the defendant’s position in court, it is required to impose the least restrictive non-monetary terms (§ 2A:162-17). The defendant is not overburdened, which is ensured by the lawyers. Alternative conditions include:
If the release conditions are breached by the defendant, it must be proven by the prosecution with clear and persuasive evidence before nullifying release (§ 2A:162-24).
If a defendant breaches release conditions, prosecutors must demonstrate clear and convincing evidence before revoking release (§ 2A:162-24).
Under New Jersey law, courts must meet speedy trial deadlines:
If these deadlines are missed, your attorney can seek release or dismissal of the charges.
Being arrested in New Jersey comes with powerful constitutional rights. Here’s what you should remember:
These rights are your shield during the most vulnerable moments of the criminal process. Always assert them.
If you or a loved one is arrested, stay calm, remain silent, and request an attorney immediately. The sooner you have legal representation, the better your chances of a favorable outcome. Know your rights!
The criminal justice system is complicated, and any slip can have a great effect on your future. At Omojola Law, our criminal defense attorneys understand New Jersey’s legal landscape and fight for your rights every step of the way—from your initial appearance to trial or dismissal.
If you or a loved one has been arrested in New Jersey, don’t wait. Call Omojola Law today for skilled, compassionate legal defense. We guide you through every step of the process, protecting your rights, your freedom, and your future.
Remain calm, request an attorney, and remain silent until your lawyer arrives.
Yes! New Jersey uses a risk-based system under the CJRA, which often allows release without cash bail for arrests in New Jersey.
You must appear before a judge within 48 hours of your arrest in New Jersey.
Your attorney can demand your release or the dismissal of charges.
No! Successful PTI completion allows for expungement of the charges.
No! You have the right to remain silent, and your silence cannot be held against you.
