It’s normal to feel stressed and confused about what happens after an arrest in NJ. It helps to know there is a structured NJ arrest process, so you know what to expect. This guide walks you through what happens after you get arrested in New Jersey and offers expert legal advice to help you or a family member achieve the best possible outcome.
Step 1: Booking and Processing
When you’ve been arrested, you’ll be taken to a police station first. There, you’ll be fingerprinted and have photos taken (aka a mugshot). Your personal information will be recorded after your identification is confirmed.
Expect your personal property to be temporarily confiscated during this step. As part of the arrest processing, charges will be formally entered into the system against you.
Step 2: Detention or Release Decision
A public safety assessment is conducted to determine if you should be held (detained) or released based on your charges, behavior, and past criminal history (if any). The goal is to decide if you are a risk to others or yourself if you are released. It also takes into account whether you could be a flight risk if not detained.
One of two decisions will be made:
- Complaint-summons – This is usually for minor offenses. It allows you to leave and return later for a court date.
- Complaint-warrant – Usually reserved for more serious offenses, this requires you to be held at the county jail. It also requires a first appearance before a judge within 48 hours.
The system above is part of bail reform implemented in New Jersey in 2017. Cash bail was eliminated in favor of a risk-based analysis that sped up case processing and reduced jail time for people who were not seen as a risk.
Step 3: First Court Appearance
Your first court appearance before a judge is also called an arraignment. This appearance typically happens very quickly, often within 24–48 hours.
The judge reviews the charges against you, and you are given the right to an attorney. However, it’s better to protect your rights if you already have an attorney at this point.
You enter a plea at this appearance, choosing one of the following:
- Guilty
- Not guilty
- No contest
Once again, a decision is made whether to detain (take into custody) or release you (pretrial release). The judge may assign conditions to your release, such as remaining at home or being monitored.
What if you were released at the time of your arrest and fail to show up for your first court appearance? The judge will issue a warrant for your arrest, and you will await trial in jail.
Step 4: Pretrial Process
Before your trial, your attorney (the defense) and the County Attorney or District Attorney (the prosecution) will review evidence related to your case. It’s vital that you have an attorney because they may be able to file motions (requests) to help with your outcome, such as:
- Excluding certain evidence
- Suppressing statements you made
- Dismissing the charges
- Setting procedural rules
- Challenging witness reliability
- Requesting materials from the prosecution
- Changing the trial venue
If you are a first-time offender, you might also be eligible for a diversionary program, also known as a pretrial intervention or PTI. If you satisfy certain conditions, your charges are dismissed, and you avoid a criminal conviction.
Because of the sensitive nature of negotiations at this stage, having a lawyer is a must.
Step 5: Possible Outcomes
What are the potential outcomes following the criminal process and NJ steps described above?
If you have an experienced attorney working on your behalf, you may be lucky enough to see the charges dismissed. That’s the best possible outcome.
Sometimes, your attorney can reach a plea agreement with the prosecution. That means you plead guilty but to a lesser charge with less severe consequences.
It’s possible that your case may also go to trial.
Your Rights After an Arrest in NJ
It’s important to know that even during and after an arrest in New Jersey, you still have rights.
You have the right to remain silent. In fact, it’s best not to say anything to the police or prosecutors unless you speak to an attorney first.
You have the right to an attorney. This gives you someone to represent your side of the case, as mentioned above.
And you have the right to know your charges. You must be told what you’re being arrested for. You can’t simply be taken into custody without knowing what you allegedly did wrong.
Why Acting Quickly Matters
The after-arrest NJ timeline moves rapidly. It’s essential to have an attorney at your side right away. The prosecutors start building their case immediately. You want to have all the advantages you can to make the most of your time and get the best possible results.
The sooner you partner with a criminal defense attorney, the quicker you can develop a strategy, whether it’s a plea bargain or a diversionary program application. Also, you want to act while evidence and your memory are fresh.
Speak With a New Jersey Criminal Defense Attorney
If you or a loved one has been arrested, or if you believe you will be arrested, it’s crucial to speak with a criminal defense attorney as soon as possible. You need a lawyer who is experienced and knowledgeable about New Jersey law.
Michele Finizio is a top-rated New Jersey attorney. She has helped defendants in Burlington, Camden, and Gloucester counties achieve favorable outcomes after arrest, sometimes without going to trial. Michele is known for her customized approach to every case and her skill in pretrial negotiations.
Take advantage of a 100% free, no-obligation consultation with Michele to discuss your case. Call her office at 856-619-7846, or reach out online today to schedule an appointment.
