What are the steps in a criminal trial in New Jersey?

The Steps in a Criminal Trial in New Jersey

If you or someone you know gets arrested in New Jersey, it can be really scary. You probably have a lot of questions about what happens next. This article will walk you through the whole process, from start to finish, so you know what to expect. We’ll explain it in simple terms anyone can understand!

Getting Arrested and Charged

The first step is the police arrest you and charge you with a crime. They’ll take you to the police station and book you, which means they’ll take your fingerprints and mugshot. Then they’ll tell you what crime you’re being charged with. If it’s a minor crime like shoplifting or trespassing, you’ll get a summons to appear in municipal court. More serious crimes mean you’ll have to go to superior court in your county.

First Court Appearance

After you get arrested, you’ll be brought before a judge pretty quickly for your first court appearance. This is where the judge tells you your rights, what you’re charged with, and whether you can be released or have to stay in jail until your trial. The judge will also ask you to enter a plea – guilty, not guilty, or no contest. Your lawyer will advise you on the best plea to enter.

Pre-Trial Intervention

If it’s your first offense for a non-violent crime, you might qualify for a pre-trial intervention program. This means doing things like counseling, community service, etc. instead of going to trial. If you complete it, your charges get dismissed. The prosecutor has to agree for you to get pre-trial intervention.

Grand Jury

For more serious crimes, your case has to go in front of a grand jury. They’ll look at the evidence and decide if there’s enough to formally charge you and make you stand trial. You and your lawyer don’t get to be there – just the prosecutor presents evidence.

Arraignment

If the grand jury says there’s enough evidence for you to stand trial, you’ll have an arraignment. That’s where you formally enter your plea again. You can plead guilty, not guilty, or no contest. Your lawyer will tell you the best plea for your specific case.

Pretrial Conference

Before your trial starts, there will be a pretrial conference. The judge wants to make sure both sides have shared all their evidence and are ready for trial. If there are any unresolved issues, the judge will address them here before trial begins.

The Trial

At trial, the prosecutor has to present evidence that proves you’re guilty “beyond a reasonable doubt.” Your lawyer will argue weaknesses in their case. Then the jury (or judge if you choose a bench trial) decides if you’re guilty or not guilty based on the evidence.

Sentencing

If you’re found guilty, the judge will order a presentence investigation report to learn about your background and history. Then at your sentencing, the judge uses the report to help decide your punishment. The sentence can be probation, fines, jail time, etc. – depends on the crime.

Appealing the Verdict

If you’re found guilty at trial, you can appeal to a higher court. They’ll look at the trial record and all the judge’s decisions to see if you got a fair trial. Your lawyer can help file an appeal for you if there are good grounds.

How a Lawyer Helps

Having a criminal defense lawyer is so important! Here are some key ways a lawyer helps you:

• Advises you on the best plea at arraignment
• Negotiates with prosecutor for pretrial intervention or plea deals
• Files motions objecting to evidence or requesting things from the court
• Cross-examines witnesses at trial to discredit the prosecution’s case
• Presents defense evidence and arguments to weaken the prosecution’s case
• Helps you decide whether to appeal a guilty verdict and files the appeal

The criminal justice system is complicated, with so many steps and procedures. Having an experienced criminal defense lawyer guide you through makes all the difference. They know how to protect your rights and build the strongest defense for your specific charges. Don’t go through this alone – call a lawyer right away if you’re facing criminal charges in New Jersey!