If you have been arrested for a crime in New Jersey or expect to be indicted, you need a criminal defense attorney right away. The main thing to understand about the New Jersey criminal justice process is that it is set up to find you guilty. If you are found guilty of a crime in New Jersey, you will face an expensive fine and may go to prison.
There are ways to avoid a guilty verdict and a prison sentence in many cases. You need the best criminal defense attorney in New Jersey. The experienced criminal defense team at the Law Office of Jason A. Volet will do everything legally possible to obtain the best possible outcome for you. But you need to contact us without delay.
What is the Investigation Stage for a New Jersey Crime?
If a police officer sees you commit a crime or is called to the scene of a crime and is told you did it, you’ll most likely be arrested. If you are under investigation for a crime, investigators proceed as if you committed the crime.
Investigators gather and examine victim and witness statements, photographs from the crime scene, fingerprints, DNA, security camera footage and/or other pieces of evidence to see how it supports the theory that the suspect committed the crime.
The courts presume you are innocent until proven guilty, but police and prosecutors look for evidence that proves you are guilty.
Preparing a Criminal Complaint for a Crime Committed in New Jersey
Once investigators believe they can establish probable cause that their suspect committed a crime, they draft a criminal complaint. A law enforcement officer must state their case and sign the complaint under oath. They may attach a witness’s affidavit, which is a sworn statement.
A criminal complaint leads to:
- A summons to appear in municipal court if it is a minor offense, or
- An indictment and an arrest warrant for a serious offense, such as murder, robbery, arson, burglary, or drug crime.
Arresting a Suspect for a New Jersey Crime
Once a warrant is issued, police are dispatched to arrest the suspect. Police should state the charges against the individual and their Miranda Rights, including their right to not answer questions and their right to an attorney.
Police are only required to advise a suspect of their Miranda Rights if they intend to interrogate that person under custody. If you are questioned by police, it is important to inform the police that you wish to speak to an attorney. Do not respond to police questions on your own or attempt to talk your way out of an arrest. You should state clearly that you want to speak with an attorney before answering any questions.
Initial Appearance in New Jersey Court
If you are arrested and held in jail, your initial appearance before a judge must occur within 48 hours. If you have been issued a summons, it will say when you must appear. If you fail to go to court at the appointed time, the judge will issue a warrant for your arrest.
During a first appearance, the judge will set the conditions of pretrial release for eligible defendants, order pretrial detention in certain cases, or set bail. You don’t have to have an attorney at a first appearance, but an NJ criminal defense attorney can increase the likelihood of your release.
What Is An indictment by Grand Jury?
Unless the judge or prosecutor dismisses a Superior Court case, downgrades the charges to Municipal Court, or agrees to a diversion program, the prosecutor must present the case to a grand jury. The grand jury, which is made up of ordinary citizens, decides whether the prosecutor has enough evidence to indict the defendant.
The grand jury may vote to indict as the prosecutor requests, indict the defendant on a less serious charge, or decline to indict, which requires the prosecutor to dismiss the charges.
Neither the defendant nor the defendant’s attorney appears before the grand jury — only the prosecutor does. Typically, a prosecutor only goes before a grand jury when the prosecutor is confident of obtaining an indictment.
Pre-Arraignment Conference and Arraignment
Prosecutors must show the evidence they plan to use against a defendant at the pre-arraignment conference. This must happen within 21 days of the indictment. Within 50 days of the indictment, the defendant faces a formal arraignment, at which time the charges are read and the defendant pleads guilty or not guilty.
The defense attorney gets its first full understanding of the prosecutor’s case at the pre-arraignment conference. Prior to this, the defense attorney should have conducted their own investigation and should know most if not everything that the prosecutor does. At this point, the criminal defense attorney and prosecutor may seek to resolve the case through a plea agreement, if appropriate.
Trial in New Jersey Courts
Most criminal cases do not go to trial. By law and practice, New Jersey courts would rather get defendants into a diversionary program. Prosecutors would rather come to an agreement on a plea bargain, if available. Many cases are simply dismissed because the defense attorney can point out holes in the prosecution’s case.
Defendants have a constitutional right to a jury trial but may choose to be tried by a judge. Your attorney would discuss any advantages to a bench trial with you.
Because the prosecutor is bringing charges against the defendant, the prosecution presents its case first. They may present witnesses and other evidence. When the prosecution finishes, the defense may present witnesses and evidence to rebut the prosecution’s case. Each party has an opportunity to question the other’s witnesses when they are first presented.
This is when “innocent until proven guilty” applies. The defense doesn’t have to prove innocence. It is up to the prosecutor to prove guilt. To return a guilty verdict, the judge or a unanimous jury must decide that the prosecutor has proven guilt beyond a reasonable doubt. Anything less, and judge or jury must declare the defendant “not guilty.”
Sentencing for a New Jersey Crime
If a defendant is found guilty, the judge will set a date to pronounce the sentence. The judge will also order a presentencing investigation, which will advise the judge as to the circumstances of the crime, the defendant’s criminal record, family and home life background, and alcohol and drug use history.
Some criminal offenses, such as using a gun during a robbery, require prison sentences that are defined by law, if the accused is found guilty. But in most cases, sentencing judges have some discretion in handing down prison time, fines, or probation.
How Can a Criminal Defense Attorney in New Jersey Help Me?
Anyone charged with a crime has the Constitutional right to a robust legal defense. This means the right to a defense attorney who will explore every possible avenue to obtain a not guilty verdict or the most favorable outcome available to the defendant. In addition to the knowledge and experience required to provide that level of legal representation, a criminal defense attorney must have the willingness to go the extra mile and have professional relationships that ensure that when they advocate for their clients, their arguments are given due consideration by prosecutors.
Defense attorney Jason A. Volet is a former assistant prosecutor in Monmouth County who has been certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. His focus on criminal law allows him to understand the practical aspects of the law in their finest detail and refine his defense strategies. This in-depth knowledge can make all the difference in your case.
Contact the Law Office of Jason A. Volet at 732-491-8477 to speak to a knowledgeable eNew Jersey criminal defense attorney about your case today.
