Being arrested in New Jersey can be a disorienting and frightening experience. Understanding your rights and the process ahead is crucial, whether it’s a case of mistaken identity, a momentary lapse in judgment, or a serious accusation. Call Shuttleworth Law, P.C. before you speak to law enforcement. Find out how 20 years of hard-fought, hard-won experience can help you decide on the right approach for your situation. Our expertise is backed by the legal resources needed to deliver results.
The Moment of Arrest
When a New Jersey law enforcement officer places you under arrest, they need to inform you of your Miranda rights if they want to use your statements against you. These include your right to remain silent, your right to an attorney, and the warning that anything you say can be used against you in court. These aren’t just formalities from TV shows – they’re crucial constitutional protections you should take seriously. Many people make the critical mistake of trying to talk their way out of an arrest. Remember this golden rule: beyond providing basic identifying information, you have the right to remain silent, and you should exercise it. Even seemingly innocent statements can be misinterpreted or used against you later.
Immediate Next Steps
After arrest, you’ll be transported to a police station for processing, known as booking. This process includes photographing, fingerprinting, and collecting personal information. Officers will inventory and hold your personal belongings. You’ll typically be permitted one phone call – use it wisely. Consider calling a family member who can help arrange for an attorney rather than calling an attorney directly, as conversations with family members can help coordinate multiple aspects of your response to the arrest.
The Bail Process
New Jersey reformed its bail system in 2017 eliminating cash bail in most cases. Instead, the state uses a risk-based assessment system to determine whether defendants should be released pending trial. This assessment considers factors like the nature of the charges, your criminal history, and your ties to the community. Within 48 hours of arrest, you’ll have a first appearance hearing where a judge will decide whether to release you on your own recognizance, release you with conditions (such as electronic monitoring), or detain you until trial.
Secure Legal Representation – Call Us!
Even if you believe the charges are minor or that there’s been a misunderstanding, securing legal representation should be your top priority. New Jersey’s criminal code is complex, and the consequences of a conviction can follow you for years. As your attorney, it is our job to review the circumstances of your arrest for any rights violations. We examine evidence and challenge its admissibility. If advisable, we can negotiate with prosecutors to reduce charges or dismissal and represent you at all court appearances. If necessary, we can guide you through the plea-bargaining process.
Types of Charges
New Jersey classifies crimes as either indictable offenses (similar to felonies in other states) or disorderly persons offenses (similar to misdemeanors). Understanding which category your charges fall into is crucial, as it affects both the potential penalties and the court where your case will be heard. Indictable offenses are handled in Superior Court and can carry significant prison terms. Disorderly persons offenses are handled in Municipal Court and typically carry maximum sentences of six months in jail.
The Court Process
The court process after your first appearance typically involves several stages. For indictable offenses, the process may begin with a Pre-Indictment Conference, which provides an opportunity to resolve the case before it is presented to a grand jury. If the case moves forward, prosecutors will present evidence to a grand jury, which will decide whether to issue an indictment. If an indictment is issued, the next step is an arraignment, where you will be formally presented with the charges and asked to enter a plea. Pre-trial conferences may follow, during which your attorney and prosecutors can negotiate potential plea agreements or prepare for trial. If your case proceeds to trial, it will be heard either before a jury for indictable offenses or a judge for disorderly persons offenses.
Protecting Your Rights
Throughout this process, remember:
- Don’t discuss your case with anyone except your attorney
- Don’t post about your situation on social media
- Follow all conditions of release precisely
- Keep records of all court dates and appearances
- Maintain copies of all documentation related to your case
Long-Term Considerations
A criminal record in New Jersey can affect your employment prospects, housing and lending opportunities, professional licensing, and potentially immigration status. However, New Jersey does offer expungement options for many offenses after specific waiting periods. We discuss NJ expungement law in more detail in our previous blog post “Expunging Your Criminal Record in New Jersey.”
The Hidden Costs
Being arrested in New Jersey comes with costs that often extend beyond fines and legal fees. You may face expenses such as court fees, contributions to state funds, and costs for legal representation, even if you use a public defender. If your arrest involves a vehicle, towing and impound fees can add up quickly. For driving-related offenses, reinstating a suspended license comes with additional fees and potential insurance premium increases.
Other hidden costs include lost wages from time off work for court appearances or detention, as well as fees for probation, electronic monitoring, or court-mandated programs like drug treatment or counseling. An arrest can also impact your employment, either through job loss or difficulty finding new opportunities due to a record. Over time, these financial and reputational costs can significantly affect your stability and future prospects.
Moving Forward
Being arrested in New Jersey doesn’t have to define your future. Many people successfully navigate the criminal justice system and move forward with their lives. The key is making informed decisions from the moment of arrest and having proper legal representation to protect your rights. The specific circumstances of your arrest, your criminal history (if any), and the nature of the charges will all influence how your case proceeds. If police try to ask you questions, remember that you have the right to remain silent, the right to an attorney, and the right to be treated fairly under the law. Exercise these rights wisely, and call us if you’re unsure how to proceed.
Brad Shuttleworth is an award-winning New Jersey criminal defense lawyer recognized for his results, client relationships, and courtroom experience. If you want to approach your case the right way, call our office for Your Free Case Evaluation at 888-529-3486 or confidentially message us here.
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