NJ Superior Court Criminal Offenses

NJ Superior Court Criminal Offenses

Dealing with criminal charges in New Jersey can be really scary and overwhelming. But having a basic understanding of how the courts work and what to expect can help you prepare and work with your lawyer on your defense.

In New Jersey, more serious crimes called indictable offenses or felonies are handled by the Superior Courts. Less serious crimes called disorderly persons offenses and petty disorderly persons offenses go through the municipal courts instead.

Superior Court Process

Here’s a quick overview of what happens in the Superior Court for indictable criminal cases:

• Arrest – Police arrest you and take you into custody if they believe you committed a crime.
• Charges Filed – The prosecutor reviews the case and files formal criminal charges against you.
• First Appearance – You appear in court for the first time and are informed of the charges against you.
• Pretrial Motions – Your lawyer can file motions challenging the case, evidence, etc.
• Plea Bargain – Many cases end through plea bargains instead of trial.
• Trial – If no plea bargain, the case proceeds to a trial with a jury.
• Sentencing – If found guilty, the judge determines your punishment.

There are lots of details and steps involved in each part of this process. Let’s break it down further:

Arrest and Charges

If the police believe you committed a crime based on their investigation, they will arrest you and take you into custody. This starts the criminal process. The prosecutor will then review the case and decide what criminal charges to file.

Formal charges are filed by the prosecution in what’s called a “complaint.” The complaint will list the specific offenses from the New Jersey Code of Criminal Justice that you’re being accused of.

First Appearance

After you are arrested, you will be brought before a judge for your first court appearance within 24-48 hours. This is called the “first appearance” or “initial appearance.”

At this hearing, the judge will:

• Inform you of the charges against you
• Advise you of your rights
• Set the terms of your pretrial release (bail/bond)

If you can’t afford bail, you may remain in jail pending your trial. Your lawyer can file a bail motion to get you released pretrial.

Pretrial Motions

Before trial, your defense lawyer will likely file pretrial motions challenging the prosecutor’s case against you and the evidence. Examples include:

• Motion to Suppress Evidence – Argue evidence was obtained illegally
• Motion to Dismiss – Argue prosecutor lacks evidence for charges
• Discovery Motions – Request evidence from prosecution

The judge will hear arguments and issue rulings on these motions, which can get evidence thrown out or charges dropped in some cases.

Plea Bargain

Many criminal cases end through plea bargains rather than going to trial. In a plea bargain, you plead guilty to the charges in exchange for a more lenient sentence.

Reasons defendants often take plea deals include:

• Avoid harsh mandatory minimum sentences if convicted at trial
• Lesser charges and penalties offered by prosecutor
• Avoid risk of losing at trial and getting maximum sentence

Your lawyer will discuss options like diversion programs and negotiate the best deal possible for you.

Trial

If a plea bargain can’t be reached, your case will go to trial before a jury. At trial, the prosecution has to prove you guilty “beyond a reasonable doubt.” As the defendant, you do not have to prove your innocence or testify.

Your lawyer will argue to the jury that the prosecution failed to meet their burden of proof. They will cross-examine witnesses, object to evidence, and call witnesses of your own. After both sides present their case, the jury will deliberate and return a verdict.

Sentencing

If you are found guilty at trial, the judge will impose a criminal sentence. Sentences for indictable offenses can include fines, probation, and imprisonment of 5-10 years or more depending on the crime and your prior record.

Your attorney can argue for mitigating factors to reduce your punishment. They can also file an appeal if there were any legal errors in your trial.

Municipal Court Process

Less serious crimes like disorderly persons offenses and motor vehicle violations go through municipal courts instead of Superior Court. Here’s the process:

• Ticket Issued – Police give you a ticket/complaint for an offense.
• First Appearance – You appear in municipal court and enter a plea.
• Trial – The case may proceed to a bench trial before a judge.
• Sentencing – If found guilty, you receive a fine, probation, and other penalties.

The stakes are lower in municipal court, but an experienced lawyer can still help negotiate plea deals, get charges reduced or dismissed, and avoid convictions.

Finding the Right Lawyer

As you can see, New Jersey’s criminal justice system involves many complex laws and procedures. Having an experienced local criminal defense lawyer represent you through the process can make all the difference.

Be sure to choose a lawyer who understands how things work in your specific county and court. They should clearly explain your options and legal rights at each stage. A knowledgeable lawyer will fight to get charges dropped or reduced when possible, or negotiate the best plea deal or defense at trial.

With an experienced attorney guiding you, it can help reduce the uncertainty and stress of facing criminal charges in New Jersey. Don’t go it alone – connect with a lawyer you trust for the best chance at a favorable outcome.