East Orange NJ Criminal Defense Lawyer.

When the police arrest you in New Jersey, the officer and the state must choose whether you will be charged on a “summons” or a “warrant.” This decision is not in your control. If you are charged on a summons, then you may be released with paperwork to appear in court for a first appearance at a later date. If, on the other hand, you are charged on a warrant, you are taken to the county jail and brought before a judge who will decide whether to release you or to keep you in jail until trial. An East Orange criminal defense attorney can review your case and work to have you released from jail.

After the arrest, the officer usually takes you to the police station where he will process you. During processing, the officer will check to see if you are wanted elsewhere and fingerprint you. The police also check the state SBI and national NCIC systems to see whether you have been fingerprinted before. If you have, and have an SBI/NCIC number, the police will check to see if you have any other charges or convictions on your record.

The police may decide, or the prosecutor may instruct the police, to charge you on a warrant or summons. The prosecution uses your record, if you have one, in determining whether to charge you on a summons or warrant. The process of being arrested on a summons versus being arrested on a warrant can vary from county to county. Each prosecutor’s office operates a little differently. But the general rule is this. If you have no prior record, or little or no record, and the crime you are charged with is not an indictable crime, the officer who arrests you may release you on a summons. The officer will give you paperwork telling you where and when you must appear in court. You then are free to go. Once you have your first appearance in court on a summons, the judge will tell you your rights, programs the court offers, next court date, and the charges against you.

If, on the other hand, the officer charges you on a warrant, or if the prosecutor’s office wants to charge you on a warrant, the officer will transport you to the county jail where you will wait to appear before a judge, typically within one or two days. It is important to remember, as well, that just because you are arrested on a warrant, it doesn’t necessarily mean you will be held.

Whether You Will Be Released or Kept in Jail

New Jersey did away with cash bail. Once at the jail, you will wait for a judge to determine whether you will be released or kept in jail. The court will use what is called a Public Safety Assessment (“PSA”). Pretrial Services, a division of the court’s Criminal Division, puts your name into a database. That system links to the fingerprint and criminal history databases to arrive at your PSA score. Your PSA score will recommend that you either be released or held for a detention hearing. Keep in mind, though, that even if the score recommends release, the prosecutor’s office may file a motion to hold you until trial. A detention hearing is when a judge will determine whether you will be released or held while your case moves forward.

Soon after being charged, the state will tell you if it wants you to stay in jail. Your detention hearing will occur within a few days. The judge at your hearing will look at your risk of committing a new offense or missing court, the nature of the offense, and the danger you pose to the community in deciding whether to hold you or not. You are entitled to be represented by a lawyer at the detention hearing. Sometimes things happen that just can’t be undone. Being arrested, or the court issuing a warrant for your arrest, might be one of them. But that doesn’t mean that your attorney can’t help you. Your East Orange criminal defense attorney can discuss the facts of your case with the prosecutor and advocate for your release.

The Superior Court handles indictable offenses. The Superior Court, Criminal Division, in Newark, is located at the Essex County Veterans Courthouse, 50 West Market Street, Newark, New Jersey 07102.

Choosing a Criminal Defense Lawyer

When choosing a criminal defense lawyer, you should look for someone with skill and experience. In New Jersey, the Supreme Court certifies lawyers as “criminal trial attorneys.” To achieve that distinction, attorneys must have, among other things, been in the New Jersey bar for at least five years. Regardless of whether the lawyer is a certified criminal trial attorney or not, the law says that a newly hired lawyer must give clients the fee basis or rate in writing.

If you can’t afford an attorney and are facing criminal charges, there is help available. Since June 2023, you don’t have to pay the state Public Defender to defend you in a felony case in the Superior Court. If you are charged in East Orange municipal court, you may be required to pay an application fee, but the court may let you pay in installments over up to four months. Or it may waive some or all of it if it’s an unreasonable burden on you.

When facing a criminal charge, it may be tempting to try to handle things on your own. But it is always a good idea to have a lawyer by your side, even if it’s simply to help guide you through the criminal justice system.