Arrested in New Jersey? Key Legal Steps and Penalties

Arrested or Facing Charges in New Jersey? Here’s What You Need to Know.

If you’ve recently been arrested in New Jersey or know someone who has, it’s common to feel uncertain about what comes next.

This guide is here to help. Whether you’re facing charges yourself or supporting a loved one, we’ll walk you through what to expect, what penalties you might be facing, and why getting a lawyer matters more than you think. Most importantly, we’ll help you understand your options, because even now, you do have options.

Common Criminal Charges in New Jersey

Every year, thousands of people in New Jersey face criminal charges. Here are some of the most common ones:

• DUI/DWI: Driving after drinking or using drugs is taken seriously. Penalties include license suspension, fines, and sometimes even jail.

• Hit and Run: Leaving the scene of an accident, especially one involving injury or death, carries severe penalties. There’s a current push in New Jersey for stricter hit-and-run penalties, which could impact those involved.

• Simple Assault & Aggravated Assault: Physical fights or injuries, even if minor, can lead to criminal charges.

• Drug Possession: Whether it’s heroin, cocaine, or even larger amounts of marijuana, drug possession can lead to significant trouble.

• Shoplifting & Theft: Stealing, no matter the item’s value, can result in a criminal record.

• Domestic Violence Charges: Allegations of hurting or threatening a partner or family member can lead to protective orders and criminal charges.

These charges might sound simple, but their consequences often aren’t.

Misdemeanor vs. Felony: What It Means in New Jersey

In New Jersey, crimes aren’t called misdemeanors or felonies like in other states. Instead, they’re classified as:

• Disorderly Persons Offenses: Think of these like misdemeanors. You could face up to 6 months in jail and fines up to $1,000.

• Petty Disorderly Persons Offenses: These are even less serious, with penalties up to 30 days in jail.

• Indictable Crimes: These are the equivalent of felonies and are broken down into degrees:

As you’d expect, First Degree Crimes are the most serious, covering things like robbery and aggravated sexual assault.

What Happens After an Arrest in New Jersey

Here’s a general idea of what happens once someone is arrested in New Jersey:

1. Booking: Police take fingerprints and photos.

2. First Appearance (Usually within 48 hours): A judge reviews your charges and decides whether you’re released or kept in jail.

3. Pretrial Release or Detention: Instead of typical “bail,” New Jersey uses a risk assessment system to decide if you can go home while waiting for trial.

4. Arraignment: You’ll officially hear the charges and plead guilty, not guilty, or no contest.

5. Court Process: If your case moves forward, it might head to trial or resolve through a plea agreement.

6. Sentencing: If convicted, the judge sets your penalty.

This process can feel fast and confusing, having a lawyer by your side from the beginning makes a huge difference.

Do You Really Need a Lawyer?

Short answer? Yes. Whether your charge seems minor or life-changing, hiring a defense attorney gives you someone in your corner who knows how the system works. A good lawyer can:

• Spot weaknesses in the case against you
• Negotiate with prosecutors for reduced charges or penalties
• Guide you through every step of court proceedings
• Help you avoid jail or even get charges dropped

Not sure where to start? Compare top-rated criminal defense lawyers in New Jersey on Justia to protect your future.

Public Defenders in New Jersey: What You Should Know

If you can’t afford a private lawyer, New Jersey courts may appoint a public defender. These are trained attorneys who provide legal representation to eligible individuals.

You can learn more about the New Jersey Office of the Public Defender (OPD) and their services, including eligibility requirements, by visiting their official website.

It’s worth understanding their limits:

• They’re often juggling many cases at once
• You must qualify financially to get one
• While they do their best, personal attention may be limited

Choosing between a public defender and a private attorney depends on your situation, but either way, getting professional representation is crucial.

What Penalties Could You Face?

Depending on your charges, penalties can vary widely:

On top of that, you could face thousands in fines, mandatory classes, or community service. A criminal record can also impact your job, housing, and future.

Can You Get a Criminal Record Expunged in New Jersey?

In many cases, yes. Expungement is the process of sealing certain criminal records, meaning most employers and landlords can’t see them anymore. This can significantly improve opportunities for jobs, housing, and education.

New Jersey’s rules depend on several factors:

• The offense itself: While many charges are eligible, serious crimes like murder, aggravated sexual assault, and certain large-scale drug distribution offenses generally cannot be expunged.
• How long it’s been since your conviction: Waiting periods vary, typically starting after you’ve completed your entire sentence, including any jail time, probation/parole, and paid all fines and restitution. For example, many minor charges become eligible after 5 years, with some “early pathway” options available.
• Whether you’ve had other offenses since: Your entire criminal record is considered, and there may be limits on how many convictions you can expunge, or specific rules for “crime sprees.”

New Jersey’s “Clean Slate” law (effective in 2020) has also expanded expungement opportunities, allowing many to clear their entire record after a 10-year waiting period, and aims for an automated expungement process in the future.

Learn more about expungement eligibility and the detailed process from the New Jersey Courts.

First-Time Offenders: Is There Leniency in New Jersey?

Absolutely. If this is your first time in trouble, New Jersey courts may offer alternatives to traditional sentencing. These include:

• Pretrial Intervention (PTI): You complete a program instead of going to trial, avoiding prison and a permanent record.

• Conditional Discharge: For minor drug charges, this program dismisses your case after successful supervision.

• Conditional Dismissal: Similar to conditional discharge, but for non-drug disorderly persons offenses.

These programs help first-time offenders avoid harsh penalties, but having a lawyer helps you qualify.

How Much Does a Criminal Lawyer Cost in New Jersey?

Legal costs can vary a lot, depending on your case:

• Simple charges (disorderly persons): Around $1,500 to $3,500

• Felony cases (indictable crimes): Anywhere from $5,000 to $15,000+

• Serious/complex cases: $25,000 or more

Many attorneys offer free consultations, and some accept payment plans to help make legal help affordable.

Get Help Right Now

Every minute truly matters after an arrest. The sooner you have an experienced defense lawyer fighting for you, the better your chances of a favorable outcome. Protect your future.

Get Your Free, Confidential Case Review in New Jersey

People Also Ask

What should I do immediately after an arrest in New Jersey?
Stay calm, don’t answer questions without a lawyer present, and contact a criminal defense attorney as soon as possible.

Can I avoid jail for a first offense in New Jersey?
Yes, diversion programs like PTI and conditional dismissal can help first-time offenders avoid jail and a criminal record.

How long does a criminal case take in New Jersey?
Simple cases might wrap up in 2–3 months. Felony cases can last six months or more, depending on whether they go to trial.

What’s the difference between a public defender and a private lawyer?
Both are licensed attorneys. Private lawyers typically have fewer cases, meaning more one-on-one attention, but public defenders are available for those who qualify financially.