Your first court appearance in NJ following an arrest may be over in less than an hour. But it’s vitally important because it sets the tone for the rest of your case.
You can increase your chances of the best possible outcome by doing two things. First, understand what to expect and how the court process works so you can be prepared—that’s what this guide is for.
Second, partner with an experienced criminal defense attorney before your first hearing in NJ criminal court. You want someone by your side to protect your rights and advise you moving forward.
When the First Appearance Happens
Your first appearance in court usually occurs within 24–48 hours of your arrest. New Jersey implemented bail reform in 2017 to speed up the NJ arraignment process and reduce jail initial time for defendants. This can work in your favor, but it’s crucial to be ready on such a short timeline.
Sometimes arraignment takes place via video. You might be connected online with Central Judicial Processing in NJ (CJP).
What Happens During the Hearing
What happens at the first appearance in NJ court? First, the charges against you are explained. This should reiterate what you were told when you were arrested.
This is when you enter a plea. That means you choose from one of the following related to the charges:
- Not guilty
- Guilty
- No contest
How you plead is an essential part of your defense strategy. So, it’s wise to have an attorney at this point who can offer an opinion on your best choice.
If you plead not guilty, the judge then reviews your case. The prosecutor—usually the County Attorney or the District Attorney—provides their input. Your attorney, functioning as the defense, presents their argument.
Release Conditions Explained
A major part of your first court appearance in NJ is the decision about whether you will be released or detained.
If you are released, you may be free to go home until your next court date. If there are no restrictions, this is known as being released on your own recognizance.
However, you may have restrictions on your release. You may have to remain at home and/or undergo monitoring until you return to the court.
It’s possible that the judge will decide you need to be detained. That means being held in custody in jail until the next court appearance.
Will You Go to Jail After the Hearing?
How does the judge decide whether to release you or detain you in jail?
They look at the charges. Minor charges give you a greater likelihood of release, whereas serious charges carry an increased probability of detention.
For example, disorderly conduct or shoplifting less than $200 of merchandise would typically be considered minor offenses. In contrast, robbery or drug dealing would normally be seen as serious offenses.
Your criminal history will be taken into account as well. Have you been arrested or convicted of a crime before? Or is this your first offense?
How did you behave during your arrest? Did you resist arrest or exhibit violent behavior? Were you under the influence or in possession of a firearm?
The judge will also assess your risk factors. They want to be sure you’re not in danger of harming others or yourself if you’re released.
They want to be reasonably certain you’re not a flight risk too. A flight risk is someone who is likely to skip town or even leave the country instead of returning to court as required.
Do You Need a Lawyer at This Stage?
Many people wonder if they need an attorney at this step of the legal process. The answer is: absolutely yes!
Working with a lawyer is critical to your likelihood of getting released, especially if your case is on the fence between a minor and a serious charge. You need someone on your side who can make a case for your release, if at all possible.
This is also a critical time for planning your strategy in the near future, no matter whether you are released or detained. The sooner you can plan together, the more you increase the possibility of a favorable outcome. And you or your family member who was arrested will feel less anxious because you’ll have done everything you could for your case.
What Happens After the First Appearance
What happens after the NJ arraignment process? Your case will move forward, and the next court date is scheduled.
This is known as the pretrial process. Both the prosecution and the defense review their evidence. It’s an opportunity for your attorney to file motions that could help you, such as:
- Dismissing the charges
- Questioning witness reliability
- Excluding some evidence
- Suppressing statements you made
Your attorney can also request information from the prosecution in what is known as discovery.
Protect Your Rights From the Start
It’s never too late to hire an attorney before your trial. But you put yourself in a much, much better position if you retain someone as soon as you’re arrested.
Michele Finizio is a top-rated New Jersey criminal defense attorney serving Burlington, Camden, and Gloucester counties. She has an excellent track record of getting her clients the best possible results, sometimes without even going to trial.
Don’t wait until after your first hearing to partner with a lawyer who can defend your rights immediately. Michele offers a 100% free, no-obligation consultation so you can see where your case stands before your first court appearance in NJ.
Call her office now at 856-888-9059, or get in touch online to schedule an appointment. Your entire future may rest on taking action before it’s too late.
