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FROM THE DEFENSE DESK / CRIMINAL DEFENSE
21 OCT 2026 · 4 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: CRIMINAL DEFENSE
DOCKET NO. 885 · THE DEFENSE DESK

Caldwell NJ Criminal Defense Lawyer.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 21 OCT 2026 · 4 MIN READ
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You are facing criminal charges, no matter how minor or serious your matter is. The court system treats all charges, ranging from petty disorderly persons offenses to serious felony level indictable crimes, as criminal matters. In New Jersey, the level of the criminal charges you face depends on the exact type of offense you have been accused of and the details of the offense. Municipal Court usually hears petty disorderly person’s offenses and disorderly person’s offenses. The indictable offenses that are commonly charged in New Jersey are categorized as fourth, third, second, and first-degree crimes. These indictable offenses are heard in the Superior Court of New Jersey. You have the right to defend your case with a lawyer and to fight for the best result possible based on the circumstances of your case.

Caldwell Municipal Court meets in-person in the North Caldwell Court Building, 141 Gould Avenue. Court sessions, where scheduled, begin at 9:00 a.m. The Court may run hybrid court sessions. If you aren’t sure what your date is or if you have to appear in person or remotely, then call the Caldwell Court Office before your session to ask.

Cases on the indictable track go to Veterans Courthouse at 50 West Market Street, Newark. Since bail reform in 2017, most people are not required to post cash. A Public Safety Assessment helps the judge decide if release, conditions or detention are in order. The judge usually hears any detention motion within three business days of filing.

Public Defender

In Municipal Court, you’ll apply at court for the public defender if you can’t afford a lawyer. Up to a $200 application fee may be charged. If that is a problem, you can ask the court to either waive it or to let you pay later.

If you are charged with an indictable offense, the state may provide a public defender to represent you if you can’t afford a private lawyer. To get a public defender, the court has a form to fill out. The court needs the form to see if you meet the financial requirements for a public defender. Usually the form asks for income, assets, debts, and expenses. There is an Essex Region office of the Public Defender in Newark. You can call them at 973-648-6200. If you hire privately, your lawyer should put the fee basis or rate in writing and give it to you at the start of the case or soon after. Essex County’s Superior Court ombudsman can help you understand court proceedings. Call 973-776-9300 ext. 56886.

A Criminal Conviction

The possible penalties for a criminal conviction in New Jersey depend on the level of the offense. The maximum jail sentence for disorderly persons offenses is six months. A conviction may mean the imposition of a criminal record, which has the potential to affect your life for years to come. A conviction can have consequences in many areas of your life. For example, you might have trouble finding a job or getting promoted if you have a criminal record. Certain disqualifiers, such as criminal convictions, may prevent you from owning a gun.

However, just because you are facing criminal charges doesn’t necessarily mean that you will be convicted. There may be other options. Certain people, including first-time offenders, can enter a diversionary program if they meet the statutory requirements for it. In New Jersey, one such program is called Pre-Trial Intervention or PTI. PTI is available for certain indictable offenses. First-time offenders who are facing certain drug possession charges may be eligible for Conditional Discharge. These special probation programs, if successfully completed, may result in the dismissal of the charges against you.

Whatever your options turn out to be, after an arrest the first thing you should do is try to contact a lawyer. Don’t make any statements. Stay quiet. It is enough to say, “I want to talk to a lawyer.” Don’t answer questions without a lawyer. Don’t tell anyone except your lawyer anything about your case. Don’t talk to friends or relatives about the case either. Be on time for every court date. There may be court dates in different courts as your case moves through the court process, so be careful to check on which court you must appear, where it is, and what time your matter is listed.

Get Their Criminal Records Sealed

Expungement is a process where, if you are eligible, you can ask the court to get your criminal records sealed, which removes them from public view. New Jersey’s Clean Slate law (2019) made many more convictions eligible to expunge, and shortened several waiting periods. Many indictable crimes are eligible after five years. Disorderly persons offenses generally happen after five years, and early filing can happen after three years. Many non-convictions also qualify without the wait. But not every offense qualifies to be expunged.

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