Criminal Defense FAQs for New Jersey Defendants: Understanding the Justice Process in New Jersey

By Sosis Law, LLC

Introduction

If you or someone you love has been arrested or charged with a crime in New Jersey, it can feel overwhelming and confusing. This guide answers the most common questions defendants have—from arrest to trial—and explains your rights, the court process, and what to expect every step of the way.

1. I’ve been arrested—what should I do first?

If you’re arrested in New Jersey, your first priority is to remain calm and exercise your constitutional rights. You do not have to answer police questions. Politely tell the officers:

“I am invoking my right to remain silent and I want to speak to an attorney.”

Do not try to explain or talk your way out of the arrest. Anything you say can—and likely will—be used against you later in court. Call a criminal defense lawyer as soon as possible.

2. What are my rights when I’m arrested?

You are protected by several key constitutional rights:

• The Right to Remain Silent (Fifth Amendment)
• The Right to an Attorney (Sixth Amendment)
• The Right to Be Free from Unreasonable Searches and Seizures (Fourth Amendment)
• The Right to Due Process (Fourteenth Amendment)
• The Right to a Speedy and Public Trial (Sixth Amendment)

You can—and should—assert these rights clearly. You do not lose these rights just because you’ve been arrested.

3. What are Miranda rights and when do they apply?

Miranda rights are a warning police must give before interrogating you while you’re in custody. The warning includes:

• You have the right to remain silent.
• Anything you say can be used against you in court.
• You have the right to an attorney.
• If you cannot afford an attorney, one will be appointed.

If you are not Mirandized before questioning, your lawyer may be able to have your statements suppressed (kept out of court).

4. What if I think the police violated my rights?

If the police:

• searched you without a warrant or probable cause,
• used excessive force,
• coerced a confession, or
• failed to read you your rights before questioning,

then your attorney may file a motion to suppress the evidence or statements. If successful, it may weaken or destroy the prosecution’s case.

5. What is a criminal complaint in New Jersey?

A criminal complaint is the formal charging document that states the offense you're accused of committing. It is usually filed by law enforcement and must be supported by probable cause.

It includes:

• The name of the defendant,
• The statute violated,
• A brief summary of the facts,
• The classification of the offense (e.g., disorderly persons or indictable crime).

6. What is an affidavit of probable cause?

This affidavit is a sworn written statement by a police officer explaining why they believe a crime was committed and why you are the suspect. Judges use this to decide whether to issue warrants or allow the complaint to proceed.

If the affidavit is vague, unsupported, or false, your attorney may challenge it.

7. What happens at a First Appearance?

The First Appearance occurs within 48 hours of your arrest. You’ll be informed of the charges and advised of your right to counsel. In many cases, a detention hearing will also be held to decide whether you will be released or held in jail before trial.

8. What is a detention hearing?

At this hearing, the prosecutor may seek to detain you without bail. Your lawyer will argue for your release based on:

• Your ties to the community,
• Lack of flight risk,
• Low risk of danger to others.

Judges rely on the Public Safety Assessment (PSA) score and the facts of the case.

9. What is a Pre-Indictment Conference (PIC)?

The PIC is an early court conference between the defense, prosecution, and judge. You may be offered a pre-indictment plea deal. This is often the first opportunity to resolve your case without going to trial.

Your attorney will review the discovery, evaluate the offer, and advise you on the best course of action.

10. What happens if I don’t take the plea at PIC?

If you reject the plea, your case will go before a grand jury, where prosecutors present evidence. If the grand jury finds probable cause, they will issue an indictment, which means your case will move forward in the Superior Court.

11. What is an indictment?

An indictment is a formal charge issued by a grand jury for a serious (indictable) offense. It replaces the original complaint and allows the case to proceed to trial unless resolved by plea.

12. What happens after I’m indicted?

You’ll be scheduled for an arraignment, where you formally plead “guilty” or “not guilty.” The court will also set deadlines for discovery, motions, and trial. Post-indictment conferences and pretrial hearings follow.

13. What is a post-indictment conference?

This conference happens after indictment and allows further discussion between your attorney and the prosecutor. It’s a chance to:

• Discuss discovery,
• Negotiate pleas,
• Identify motions, and
• Prepare for trial.

14. What is a plea bargain?

A plea bargain is an agreement between the defendant and prosecutor. You agree to plead guilty in exchange for:

• A reduced charge,
• A lesser sentence, or
• Dismissal of other charges.

Your attorney negotiates the deal and advises you whether to accept or reject it.

15. What is the “trial penalty”?

The “trial penalty” refers to the harsher sentence you might receive if you reject a plea deal and are convicted at trial. It’s a major reason why most criminal cases are resolved by plea.

Your attorney will help you weigh the risks and benefits of trial vs. plea.

16. What types of motions can my lawyer file?

Common pretrial motions include:

• Motion to Suppress Evidence: If your rights were violated.
• Motion to Dismiss: If there’s insufficient probable cause.
• Motion for Discovery: To obtain all evidence against you.
• Motion to Sever Charges or Defendants: For fairness at trial.
• Motion to Exclude Prior Bad Acts: So old convictions don’t prejudice your case.

17. What is motion practice?

“Motion practice” refers to the formal process of filing written legal requests with the court. These motions can:

• Limit or exclude evidence,
• Challenge the legality of the arrest or search,
• Request dismissal of charges,
• Force the prosecution to comply with discovery.

Skilled motion practice can dramatically affect the strength of your case.

18. What are discretionary conferences?

Discretionary conferences are informal meetings between the attorneys and the judge. They’re used to:

• Clarify procedural issues,
• Explore settlement options,
• Streamline trial preparation.

These are not part of the public record but can influence the course of your case.

19. What are in-chamber (in camera) conferences?

These are private discussions held in the judge’s office or chambers—often used to handle sensitive matters, like:

• Reviewing confidential evidence,
• Discussing a witness’s safety,
• Resolving disputes without prejudicing the jury.

20. What are pretrial orders?

Pretrial orders are court-issued instructions that control how your case moves forward. They may:

• Set timelines for discovery,
• Identify motions deadlines,
• Designate trial dates,
• Impose restrictions on both parties.

Violating a pretrial order can have serious consequences.

21. What is jury selection like in New Jersey?

Jury selection, or voir dire, is the process of picking a fair and impartial jury. Both sides question potential jurors and may challenge:

• For cause (bias or inability to be fair),
• With peremptory challenges (limited number, no reason required).

The goal is to select 12 impartial jurors (plus alternates) who will decide your fate.

22. What does “beyond a reasonable doubt” mean?

This is the highest legal standard of proof. The jury must be convinced, based on the evidence, that there is no reasonable doubt you committed the crime.

It does not mean beyond all doubt, but the evidence must be so convincing that a reasonable person would have no doubt about your guilt.

23. What happens at trial?

Here’s the trial process step-by-step:

1. Jury Selection

See above.

2. Opening Statements

The prosecution goes first, followed by the defense. These are outlines of what each side intends to prove.

3. Presentation of Evidence

The prosecution presents witnesses and physical evidence first. Your lawyer will cross-examine every witness.

Then the defense presents its case. You are not required to testify, and the burden of proof always stays with the State.

4. Closing Arguments

Both sides summarize their cases. The prosecution goes first and also gets the final word.

5. Jury Instructions

The judge explains the law and elements of each crime.

6. Deliberations and Verdict

The jury must reach a unanimous verdict. If they find you not guilty, you’re acquitted. If guilty, sentencing will follow.

24. What if I’m convicted—what are my options?

You may:

• File a motion for a new trial,
• Appeal your conviction to the Appellate Division,
• Raise constitutional issues (e.g., improper jury instructions, suppression errors),
• Pursue post-conviction relief (PCR) if your trial counsel was ineffective.

25. Why should I hire a local New Jersey criminal defense lawyer?

New Jersey’s criminal justice system is complex and fast-moving. A skilled local attorney:

• Knows the prosecutors and judges,
• Understands local procedures and unwritten rules,
• Can negotiate better deals,
• Protects your rights at every turn.

Conclusion: Your Defense Starts With Knowledge

The criminal process in New Jersey can be intimidating—but you don’t have to face it alone. At Sosis Law, LLC, we specialize in defending people like you against the power of the state. Every case is unique, and every client deserves a personalized, aggressive, and informed defense.