Being charged with a crime in New Jersey can be incredibly overwhelming and intimidating. However, knowing what to expect throughout the entire criminal process can help you best prepare for what is to come. Please continue reading to learn the process of being charged with a crime in New Jersey and why connecting with a determined Bergen County Criminal Defense Attorney is in your best interest.
What is the Criminal Justice Process in New Jersey?
When an individual is charged with a crime in New Jersey, the process is generally initiated with a police investigation of the alleged offense. If law enforcement finds probable cause, meaning there are reasonable grounds to believe the defendant may have committed an offense, they can place the suspect under arrest. It’s important to note that if the police didn’t have probable cause to arrest you, anything discovered in a search cannot be used against you at trial.
The arresting officer will file a police report detailing the incident and evidence. The prosecutor will review the report and decide given the unique circumstances of the case whether to file formal charges. During the arraignment, the defendant is brought before a judge, informed of the charges against them, and asked to enter a plea (guilty, not guilty, or no contest).
If the case proceeds, it may involve a preliminary hearing which includes discovery, exchanging evidence between the prosecution and defense, motions to suppress evidence, and plea bargaining negotiations. If a plea deal cannot be reached, the case will proceed to trial where the prosecutor is responsible for presenting evidence to prove the defendant is guilty beyond a reasonable doubt to render a conviction. The defense will have the opportunity to present their case to refute the charges.
Can I File an Appeal?
If a defendant is found guilty, they will be sentenced by the judge which depending on the nature and severity of the crime, may include steep monetary fines, probation, community service, loss of driving privileges, and even imprisonment. If you disagree with the court’s decision, you can file an appeal. The appeal process will not involve a new trial, rather the superior court will review the judge’s decision to determine whether the court made a mistake regarding the facts of the case. An appeal must be filed within 20 days of the decision in the municipal court.
Criminal charges can result in far-reaching and long-lasting consequences. As such, you need a skilled criminal defense attorney who can help defend your rights and interests. Connect with The Law Office of Carl Spector today to learn how we can help you successfully navigate the criminal justice system.
