The most recent report shows New Jersey police arrested 91,983 people in 2023. Being arrested is a stressful and confusing experience. Many people do not know what happens next or what rights they have during the process. In New Jersey, the criminal justice system follows a structured path from arrest to resolution. Understanding each step can help reduce uncertainty and allow defendants to make informed decisions.
An arrest happens when law enforcement takes a person into custody based on probable cause. Officers must have a reasonable belief that a crime has been committed. Arrests may occur:
Once arrested, the individual is no longer free to leave.
After the arrest, the individual is taken to a police station for processing. This step is known as booking.
During booking, officers:
The person may also be searched and placed in a holding area.
Prosecutors review the case to determine what charges will be filed. Charges can range from disorderly persons offenses to indictable crimes.
The severity of the charge affects the next steps, including release decisions and potential penalties.
New Jersey uses a risk-based system instead of cash bail. A Public Safety Assessment (PSA) is generated shortly after arrest.
The PSA evaluates:
This score helps the court decide whether to release or detain the defendant.
The defendant appears before a judge, usually within 24 to 48 hours. At this hearing, the judge:
Possible outcomes include:
For more serious charges, prosecutors may request detention. A detention hearing is held to decide if the defendant should remain in custody until trial.
The judge considers:
If detained, the defendant remains in custody while the case moves forward.
After charges are filed, both sides exchange evidence. This process is called discovery.
Discovery may include:
This stage is critical for building a defense.
In felony-level cases, a pre-indictment conference may occur. Prosecutors may offer an early plea agreement at this stage.
Defendants can:
For indictable offenses, a grand jury reviews the evidence. The grand jury decides whether there is enough evidence to formally charge the defendant.
If indicted, the case proceeds to the next stage. If not, the charges may be dismissed.
At arraignment, the defendant formally enters a plea:
Most defendants plead not guilty at this stage to allow time for case preparation.
Before trial, attorneys may file motions and attend conferences.
These may involve:
Many cases are resolved during this stage.
If the case is not resolved through a plea, it proceeds to trial. At trial:
If found guilty, sentencing follows. If found not guilty, the case ends.
If convicted, the court imposes a sentence. This may include:
The sentence depends on the offense, criminal history, and other factors.
The early stages after an arrest are critical. Decisions made during this time can affect the entire case. A criminal defense attorney can:
Strong representation from a New Jersey criminal defense attorney helps prevent mistakes that could impact the outcome.
Navigating the criminal justice system requires knowledge and preparation. Each step presents opportunities to protect rights and build a defense. Working with a New Jersey criminal defense attorney can make a significant difference.
Gregg A. Wisotsky, Esq., partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, represents individuals across New Jersey at every stage of the criminal process. His approach focuses on thorough investigation, strategic defense, and clear guidance during uncertain situations.
To schedule a confidential consultation, call 973-898-0161.