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The handcuffs come off, but the questions don't. What happens next? Will you go to jail? When do you see a judge? Can the charges be dropped? If you've never been arrested before, the criminal process can feel like a maze with no map. The good news is that you don't have to figure it out on your own. Knowing what to expect at each stage can make the situation a little less intimidating and help you avoid mistakes that could hurt your case.
The arrest is what begins the criminal process. Law enforcement officers will perform the arrest of an individual. They will formally book the person into the criminal database by recording their information. This includes taking mugshots, fingerprints, and personal information. In some situations, the arrest takes place during the officer responding to an incident. In other situations, a warrant may be issued that will prompt officers to perform the arrest.
As part of the arrest, the criminal complaint and formal charges are filed. These are the criminal laws that the individual is being accused of violating. The arrestee is given a green sheet which sets forth their actual charge(s). From this point forward, the arrested person is now a defendant.
Within 24 to 48 hours of being taken into custody, you will attend your first court appearance. At the hearing, a judge will inform the individual of their rights and explain the criminal charges they are being accused of. This is when the defendant will make their first pleading, which is most commonly “not guilty”.
During this hearing, the judge will make a determination of what should happen next. The prosecutor may have filed a motion for detention. This can trigger an additional hearing where the judge will make a decision at the later hearing. The judge will make one of three rulings:
Many people are familiar with bail as a condition of being released. New Jersey moved away from a cash-based bail system in 2017 with the passing of the Criminal Justice Reform (CJR) Act. Instead of release being based on whether the defendant can pay, the court looks at the likelihood of the defendant appearing for their court date, the safety threat to the community, and the potential to obstruct the criminal justice process. The decision to release or incarcerate the defendant must be made within 48 hours of arrest.
Generally, defendants are released on their own recognizance (ROR). Defendants are only detained when there is clear and convincing evidence that no conditions of release can satisfy the risks.
If a defendant is detained, they must be indicted by a grand jury within 90 days. Additionally, they should be tried within 180 days. However, there are exceptions to this timeline. The prosecutor can file motions for extensions.
The majority of the criminal court process happens during the pre-trial phase. During this time, discovery takes place where the prosecutor and criminal defense attorney exchange evidence. Both sides also perform their own investigation of the incident leading to arrest. Both sides may file motions with the court, such as to suppress evidence, dismiss charges, increase charges, or assert constitutional violations.
As more evidence becomes available, it creates an opportunity for plea negotiations. The defense attorney may work with the prosecutor to lower charges or have the defendant participate in a pre-trial intervention (PTI) program. This can enable someone to avoid a trial and potential prison time. The defendant could be required to do things like attend court-ordered counseling, enter court-supervised community living, and participate in other rehabilitation systems. If the defendant successfully completes their program, the charges are typically dismissed.
When a criminal case cannot be resolved before trial, both sides prepare to present their case in court. While television often makes trials look straightforward, the reality is far more complicated. Every decision, from selecting a jury to questioning witnesses, can influence the outcome.
The trial process begins with jury selection if the case involves a jury trial. During this process, attorneys question potential jurors to identify any concerns about fairness or impartiality. Once the jury is seated, the prosecution and defense make opening statements before presenting evidence.
The prosecution presents its evidence first, including witness testimony and other information it believes supports the charges. The defense has the opportunity to cross-examine those witnesses and challenge the strength of the state's case. Depending on the circumstances, the defense may also present its own evidence and witnesses.
At the conclusion of the trial, both sides deliver closing arguments. The judge then explains the law to the jury, including the requirement that the prosecution must prove guilt beyond a reasonable doubt. After deliberations, the jury returns a verdict. A New Jersey criminal trial may result in a conviction, an acquittal, or dismissal of the charges.
Because the outcome of a trial often depends on more than simply having evidence, working with an experienced criminal attorney is critical. A skilled defense lawyer knows how to evaluate the evidence, identify weaknesses in the prosecution's case, and present arguments designed to protect your rights throughout the trial process.
After a defendant pleads guilty or is convicted, the next phase is sentencing. This is a separate hearing where the judge will consider several factors like the defendant’s criminal history, the facts of the case, the criminal offenses convicted of, and victim impact statements. The judge will then use New Jersey’s criminal law guidelines to issue a sentence. Possible penalties can include jail or prison time, probation, fines, community service, and restitution.
How the criminal process moves forward after sentencing can look different for everyone. A defendant could file appeals. They cannot file an appeal simply because they don’t agree with the conviction or sentencing. New Jersey law outlines valid reasons for appealing. The appeal court can affirm the original verdict, reverse the conviction, modify the sentence, or remand the case for a new trial.
New Jersey has several expungement options available. Speaking with a criminal defense attorney can help defendants determine if they qualify for one. Each type of expungement has different requirements, so professional legal guidance is beneficial.
Every criminal case follows its own path, but one thing remains the same: the choices you make early can have lasting consequences. Knowing what to expect throughout the criminal process can help you make informed decisions. Having an experienced advocate in your corner can make all the difference.
Reach out today to schedule a consultation and get experienced legal guidance for your case.
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