NJ Initial Hearing – Arraignment Lawyer

Initial Hearing – Arraignment Lawyer in NJ

If you are arrested and charged with a criminal offense in New Jersey, your first court appearance will be the initial hearing or arraignment. This critical stage sets in motion the criminal case against you. Having an experienced criminal defense lawyer represent you at the initial hearing can impact the entire trajectory of your case.

Purpose of the Initial Hearing

The initial hearing has several important purposes:

• Inform you of the charges filed
• Advise you of your rights
• Determine pretrial release or detention
• Accept your plea of guilty or not guilty
• Set the next court dates

This first proceeding starts the clock on key deadlines in the case, so having skilled counsel is vital.

When the Initial Hearing Occurs

For indictable offenses, the initial hearing must occur within 48-72 hours of arrest by court rule. For non-indictable charges, the first appearance should occur within 7-15 days.

If you post bail prior to the first court date, you must still appear as scheduled for the initial hearing.

Right to an Attorney at Initial Hearing

You have the right to have a defense lawyer represent you at the initial hearing, even if you cannot afford one. The court will appoint the public defender if you qualify financially. Your lawyer can advocate for your rights from day one.

Entering a Plea at the Initial Hearing

At arraignment, you will be asked to enter a plea of guilty, not guilty, or no contest. Pleading not guilty preserves your right to fight the charges and forces the prosecution to prove guilt at trial.

Only plead guilty if your lawyer has negotiated an acceptable plea deal prior to arraignment and advised you to plead guilty. Never plead guilty without counsel.

Argue Bail and Pretrial Release

A major purpose of the initial hearing is deciding bail and conditions of pretrial release. Your lawyer will argue against pretrial detention and money bail by presenting evidence of:

• Your strong family and community ties
• Steady employment
• Lack of criminal history
• Reputation for reliability

The court often relies heavily on counsel’s representations when setting bail.

Discovery and Investigation

Beginning work quickly on investigation and discovery is crucial. At the initial hearing, your lawyer can:

• Demand preservation of evidence from the prosecution
• Issue subpoenas for helpful records and documents
• Obtain contact information for prosecution witnesses for interviews
• File discovery motions and requests

Early fact-finding lays the groundwork for contesting the charges.

Assess Prosecution’s Case

The criminal complaint and affidavit of probable cause provide insight into the prosecution’s theory and evidence. Your lawyer can:

• Pinpoint factual inaccuracies
• Challenge credibility of witnesses
• Highlight legal deficiencies in the charges
• Begin planning defense strategy

Identifying weaknesses at the outset is key.

Negotiate with the Prosecutor

In some cases, prosecutors may offer a plea deal or even dismissal at the initial hearing, particularly if the defense uncovers problems with the charges early on. Having an attorney allows you to consider these options.

Prepare for Next Court Dates

The judge will schedule future court dates at the initial hearing, like:

• Status conferences
• Pretrial motion hearings
• Plea cutoff date
• Trial date

Your lawyer will use these dates to build your strategic defense.

Waiving Time Limits

By rule, the prosecutor has strict deadlines after arraignment to indict charges and finish discovery. Your lawyer may agree to waive these time limits to allow more time to negotiate or investigate the case.

Consult an Attorney Before Your Initial Hearing

The decisions made at your first court appearance impact every subsequent stage of the case. Having an experienced criminal defense lawyer advocate for you right away is critical.