Your first appearance (also known as initial appearance) in court for a criminal case in New Jersey can be anxiety-producing, but it is critical to know your charges, the procedures to follow as your case moves through the system, and your rights.
The Type of Complaint Determines the Court Venue for Your Initial Appearance
It is important to be well-informed about the charges and procedures for your case. There is a significant difference between a warrant-complaint and a summons. In the case of a summons, the individual receives a notice of the charge and a court date. These are used for minor crimes such as disorderly conduct and simple assault and are known as disorderly persons offenses or petty disorderly persons offenses, the latter being the less serious of the two categories. They are usually handled in the municipal courts. The charged individual is free to go about daily life, but they must appear in court when scheduled. Around 85% of all criminal cases in New Jersey are seen in municipal courts.
A warrant complaint requires the arrest of the person accused. They must be processed (booked) at the police station. Then, they are transported to the county jail. Their first appearance must be held within 48 hours of being taken into custody. Warrant complaints are for more serious and frequently violent crimes such as aggravated assault, as well as drug crimes like heroin possession and cocaine distribution. These cases are transferred to the county superior court where they will be heard and decided. Both complaints require the defendant to appear in court to face the charges.
Vital Preparation for Your First New Jersey Criminal Court Appearance
The charges against you will be formally read, and you will be advised of your rights. One of the most important of these is your right to remain silent. There are procedures that happen before you can give your side of the story. It behooves you to speak only when your defense lawyer gives you the green light. If you don’t have a lawyer immediately, do not attempt to talk your way out of the charges. Everything you say is public record and can be used against you later. Speaking of attorneys, if you qualify for a public defender (based on economic need), the judge will assign one to you. Having a defense attorney from the beginning is crucial, and our criminal defense attorneys are ready to handle your case from the first appearance to its completion.
For indictable crimes and domestic violence criminal offenses, bail or pretrial detention will be discussed. New Jersey’s bail reform laws no longer rely on a monetary system to determine release. Factors such as the defendant being a possible danger to the community, prior convictions and open cases, or if the defendant is a flight risk determine pretrial detention or release conditions. The judge will also schedule future court dates.
Initial Risk Assessment and Pretrial Release Decision for Charges Placed on a Warrant
New Jersey rarely uses monetary bail, and pretrial detention is influenced by the New Jersey Public Safety Assessment (PSA) process. One of the purposes of the first court appearance is to determine if the defendant will be released before trial and what conditions (if any) will be imposed. The PSA is a risk assessment that evaluates the defendant’s risk of committing a new crime and the risk that they won’t appear for trial. It is an algorithmic computer-based process that factors prior criminal activity, age, and appearance history for previous cases. The options for the results are a PR or ROR bond where the defendant is released on their recognizance without any restrictions. Pretrial Monitoring Level 1 (PML 1) requires the accused to report via telephone to pretrial services once a month. If a defendant is assigned Pretrial Monitoring Level 2 (PML 2) they must report to pretrial services every fortnight, alternating between phone calls and in-person reporting to pretrial services. Pretrial Monitoring Level 3 Plus places the defendant under home confinement with an electronic GPS ankle bracelet programmed to alert if the individual goes outside the approved grid area. Lastly, the PSA evaluation can suggest that the defendant remain in custody until their trial is held.
The judge can use the PSA score and recommended conditions as a guide, but the court must use the least restrictive conditions while still ensuring the defendant’s appearance for trial. The PSA analysis results are also influential when the prosecution files a pretrial detention motion. This is done in cases where the charges are for indictable crimes or an offense involving domestic violence. If the prosecutor feels the defendant is a danger to the community or the victim, they may suggest this option. Three days after the first appearance, a Superior Court judge will hold a detention hearing, and a decision will be made regarding the defendant’s possible pretrial release and conditions. You need an aggressive criminal defense lawyer arguing for your release at a detention hearing, as you are at risk of being held in jail until the conclusion of your case.
3 Paths Forward in Criminal Case Pleas: Analyzing Your Legal Options
Three different plea options exist: guilty, not guilty, and no contest.
- When a defendant pleads guilty, they admit to committing the offense. Pleading guilty may lead to a reduced sentence if there is a plea deal, but it also besmirches the offender’s criminal record, which could have repercussions in the future.
- A not-guilty plea asserts the defendant’s innocence or rejects the prosecution’s evidence. This plea requires a trial where the prosecution and the defense present their evidence, and a jury (in most cases) will decide the defendant’s guilt or innocence.
- A no contest (nolo contendere) plea means the defendant does not claim they are guilty but accepts the penalty for the crime. This is frequently done to protect the defendant from civil litigation.
Empowering Your Defense with Expert Advocacy Before Your First Appearance
It is advisable to get a criminal law attorney before your first appearance. This is not something you should do on your own. Before your first appearance, your attorney will go over the charges, explain court procedures, and identify possible strategies. Your attorney will explain the consequences of different pleas and plea bargains while analyzing and collecting evidence to support your case. They can also advocate for favorable conditions for your pretrial release, such as your standing in the community, employment, or lack of prior convictions. Your attorney is your best advocate and will ensure you appear organized and informed, which can influence the court’s perception of you.
Understanding the Next Steps After Your First Court Appearance in NJ
After your first court appearance, you and your attorney will begin to build your defense. Your attorney will also prepare for any preliminary hearings, motions, possible plea bargains or charge reductions with the prosecutor. When the defendant pleads guilty, the prosecutor will write the accusation of the charges together with your guilty plea, and a sentencing date will be given. During pretrial conferences, your attorney may negotiate with the prosecutor to see if a plea agreement can be reached.
There are several kinds of plea bargain agreements. The defendant agrees to plead guilty to a lesser charge in a change bargain. In contrast, in a sentence bargain, the defendant pleads guilty for a lesser sentence. A count bargain is a guilty plea to some charges in exchange for the prosecutor dropping others. A fact bargain allows the defendant to plead guilty in exchange for the prosecutor dropping any aggravating factors. The judge is not obligated to approve the plea, in which case the defendant is able to withdraw their guilty plea without prejudice.
A not guilty plea can have several possible results. The prosecutor may drop the charges if they don’t have a strong enough case. The case may be downgraded to a municipal court for further adjudication, where the penalties are less severe than those for indictable crimes. The case could also be recommended for Pretrial Intervention (PTI) or drug rehabilitation programs. If a plea bargain, a charge reduction and remand, or a diversionary program is not the outcome, then the case will be sent to a grand jury to seek an indictment.
It is of utmost importance to stay in touch with your criminal defense attorney and follow all pretrial release conditions to the letter. Picking up additional charges or failing to report to pretrial services can mean jail time until your trial.
Proceed with Confidence at Your First Appearance Alongside a Trusted NJ Criminal Defense Lawyer
You must have experienced representation as you traverse the complex criminal justice system in Freehold, Middletown, Red Bank, Long Branch, Asbury Park, Belmar, Manasquan, Tinton Falls, Wall, Holmdel, Howell, Manalapan, Marlboro, Ocean Township, and other towns in Monmouth County and Southern New Jersey. The criminal law professionals at Chamlin, Uliano & Walsh have extensive experience defending clients in New Jersey municipal and superior courts, and we stand ready and committed to staunchly advocating for you in the criminal legal process. We will create strategies to offer you the best results possible as we protect your rights and ensure you are treated fairly. Abraham Lincoln said,” The man who represents himself has a fool for a client.” If you are facing criminal charges and have an upcoming first appearance, or have questions and need help with a criminal matter, call us today at 732-440-3950 to schedule a consultation or complete our online form to learn more.