Guide to the New Jersey Criminal Process

This will take you through the criminal process from offense to sentencing

1. Arrest

   The New Jersey criminal law is mostly embodied in the criminal code, otherwise known as the 2C. It lists offenses, defenses, and sentencing structure among other things. When the police have probable case to believe you have committed an offense, they may arrest you.

2. Bail

   Just about all offenses have bail unless there is tremendous concern about the defendant appearing for trial. Some offenses allow you to post a 10% cash option, meaning 10 percent of the total bail be used to get you out. Others may require the use of a bail bondsman.

3. Hiring an Attorney

   Make sure when you are charged you are comfortable with the lawyer you hire. Things to consider are their experience, familiarity with the court and prosecutors where you are charged, and ability to handle your type of case.

4. Indictment

   Once the prosecutor receives the police reports and other evidence they will present the matter to a grand jury. A grand jury is comprised of 23 members, 12 of which must vote to indict you. An indictment is not proof of guilt, but instead a step in the process demonstrating that there is enough evidence to require you to stand for trial.

5. Plea Bargaining

   After indictment, you will be arraigned and offered a plea offer by the Prosecutor. You do not have to accept it and can make a counter offer. It is best to do so after reviewing the evidence against you and consulting with your attorney. If you reach a plea bargain, you will plead guilty and move to sentencing in 1-2 months.

6. Motions

   Depending on the facts of your case many motions can be made. Some motions, can terminate the case if successful. Possible pretrial motions include motions to suppress a search, motions to suppress a statement, motions to preclude an out of court identification, and many others.

7. Trial

   If your matter proceeds to trial, both you and the state may call witnesses. You have the right to cross examine state witnesses and likewise, they can question your witnesses. Evidence will be produced and a jury of 12 people will decide if the prosecutor has proved the charges against you beyond a reasonable doubt. If all 12 agree, you will be convicted, if all 12 disagree you will be acquired, and if they cannot agree they will be a hung jury meaning a mistrial.

8. Sentencing

   At sentencing, all parties, including you and any victims may speak. The judge will weigh all aggravating and mitigating factors including facts of offense, criminal history, whether you are likely to respond to probation well and others. If the aggravating outweigh the mitigating, you can receive the maximum period of incarceration. If it is the opposite, you can receive the minimum or anywhere in between.