Q: What are the different types of crimes in New Jersey?

Crimes are classified by degree: First-degree : 10-20 years in prison Second-degree : 5-10 years Third-degree : 3-5 years Fourth-degree : Up to 18 months Less serious offenses, like disorderly persons offenses, are handled in municipal courts.

Question 1

How does a criminal case start?

Accepted Answer

A case begins when a law enforcement officer or a private citizen files a formal complaint, alleging that a crime has been committed. In more serious cases, a grand jury may issue an indictment after reviewing the evidence.

Question 2

What happens after an arrest?

Accepted Answer

If a person is arrested, it must be based on "probable cause"—meaning there's reasonable belief they committed a crime. Arrests can happen at the scene or through a warrant.

Question 3

What are the different types of crimes in New Jersey?

Accepted Answer

Crimes are classified by degree:

First-degree: 10-20 years in prison
Second-degree: 5-10 years
Third-degree: 3-5 years
Fourth-degree: Up to 18 months

Less serious offenses, like disorderly persons offenses, are handled in municipal courts.

Question 4

What happens at a first court appearance?

Accepted Answer

The defendant appears before a judge, usually within 48 hours of an arrest. The judge reviews charges, advises on legal rights, and sets conditions for release, which may include bail or pretrial detention.

Question 5

How does bail work in New Jersey?

Accepted Answer

Under recent reforms, bail is only set in limited cases. Most defendants are either released with conditions or detained if they pose a risk. In some cases, a defendant may post money or property to ensure they appear in court.

Question 6

Do defendants have a right to an attorney?

Accepted Answer

Yes. If they can’t afford a private lawyer, they may qualify for a public defender after an indigency investigation.

Question 7

What is a grand jury, and how does it affect a case?

Accepted Answer

A grand jury reviews evidence presented by the prosecutor. If they believe there’s enough evidence, they issue an indictment, which moves the case forward. If not, charges may be downgraded or dismissed.

Question 8

What is a plea bargain?

Accepted Answer

A plea bargain is an agreement where a defendant pleads guilty in exchange for a reduced sentence or lesser charges. However, a judge must approve the deal.

Question 9

What is Pretrial Intervention (PTI)?

Accepted Answer

PTI is a diversion program for first-time, non-violent offenders. It allows defendants to avoid a conviction by completing conditions like counseling, community service, or drug treatment.

Question 10

What happens at trial?

Accepted Answer

If no plea agreement is reached, the case goes to trial. The prosecution presents evidence, and the defense can challenge it. A judge or jury then determines guilt or innocence.

Question 11

What is a grand jury?

Accepted Answer

A grand jury is a group of citizens selected from voter registrations, driver’s licenses, and tax lists. Their role is to review evidence presented by the county prosecutor and determine if there is enough proof to formally charge someone with a crime.

Question 12

Do grand jurors decide if someone is guilty?

Accepted Answer

No. The grand jury does not determine guilt or innocence. They only decide whether there is enough evidence to move forward with criminal charges.

Question 13

Can the defendant or their attorney attend the grand jury hearing?

Accepted Answer

No. Neither the defendant nor their attorney is present. Witnesses, however, may testify regarding the alleged crime.

Question 14

What happens if the grand jury indicts a defendant?

Accepted Answer

If the majority of the 23 jurors vote to indict, the defendant must face further criminal proceedings in the Superior Court. This is known as a "true bill."

Question 15

What happens if the grand jury does not indict?

Accepted Answer

If the grand jury finds the evidence insufficient, they issue a “no bill,” and the charges are dismissed. However, they may choose to downgrade the offense, which could result in the case being sent to municipal court for lesser charges.

Question 16

Why Choose Nicholas A. Moschella, Jr., LLC?

Accepted Answer

Former Municipal Prosecutor — Insight into how local prosecutors handle cases
Thousands of Cases Handled — Experience across a wide range of criminal matters
Local Knowledge of Burlington County Courts — Familiarity with judges, prosecutors, and court procedures
Free Consultations — Get answers and a strategy before making any decisions

Question 17

What is an arraignment?

Accepted Answer

An arraignment is a formal court proceeding where a defendant is officially informed of the charges against them.

Question 18

When does the arraignment happen?

Accepted Answer

If a defendant has been indicted, the arraignment must occur within 14 days.

Question 19

Do defendants need a lawyer at the arraignment?

Accepted Answer

Yes, it's strongly recommended. Defendants who haven’t already hired an attorney may apply for representation by a public defender at this stage.

Question 20

What happens at the arraignment?

Accepted Answer

The judge reads the charges.
The defendant enters a plea (guilty or not guilty).
If the plea is guilty, a presentence investigation is scheduled before sentencing.
If the plea is not guilty, the case moves forward to pretrial proceedings.

Question 21

Can a defendant negotiate a plea deal at the arraignment?

Accepted Answer

Yes. After reviewing the prosecution’s evidence, defendants may enter plea negotiations or apply for Pretrial Intervention (PTI).

Question 22

What is a disposition or status conference?

Accepted Answer

These are court meetings where the prosecution and defense discuss the case's progress. A defendant may choose to enter a plea bargain at this stage.

Question 23

What is a pretrial conference?

Accepted Answer

A pretrial conference is a final opportunity for a defendant to enter a guilty plea before trial.

Question 24

What happens if no plea agreement is reached?

Accepted Answer

If no plea is entered by the pretrial cutoff date, the case proceeds to trial.

Question 25

What happens if a case goes to trial?

Accepted Answer

If no plea agreement is reached, the case moves to trial in the Superior Court. A judge or jury will hear the evidence and decide whether the defendant is guilty or not guilty.

Question 26

Is every criminal case decided by a jury?

Accepted Answer

Not always. Defendants may request a bench trial, where a judge alone decides the case instead of a jury. However, serious criminal charges are typically heard by a jury of 12 people.

Question 27

How does jury selection work?

Accepted Answer

The prosecution and defense attorneys question potential jurors and may dismiss certain individuals they believe could be biased. This process is called voir dire.

Question 28

What are the stages of a criminal trial?

Accepted Answer

Opening Statements

Both the prosecution and the defense present an overview of their case to the jury. The prosecution goes first since they have the burden of proof.

Presentation of Evidence & Witness Testimony

The prosecution presents witnesses and evidence to prove the defendant’s guilt beyond a reasonable doubt.
The defense may cross-examine witnesses and challenge evidence.
The defense can also present its own witnesses and evidence but is not required to.

Closing Arguments

Both sides summarize their case and highlight key points to convince the jury.

Jury Deliberation & Verdict

The jury discusses the case in private and must reach a unanimous decision.
If they find the defendant guilty, the case moves to sentencing.
If they find the defendant not guilty, the charges are dismissed.
If they cannot agree, it results in a hung jury, and the case may be retried.

Question 29

What happens after a guilty verdict?

Accepted Answer

The judge schedules a sentencing hearing. Before sentencing, the court considers several factors, including:

The severity of the crime
The defendant’s prior criminal history
Any mitigating (positive) or aggravating (negative) circumstances

Question 30

What are the possible sentences?

Accepted Answer

A judge may impose:

Fines – Monetary penalties
Probation – Supervised release with conditions
Community Service – Court-ordered volunteer work
Jail or Prison Time – Incarceration for a set period
Pretrial Intervention (PTI) – A diversionary program for first-time offenders
Parole Supervision – Early release with conditions

Question 31

Can a defendant appeal a conviction?

Accepted Answer

Yes. If a defendant believes their trial was unfair due to legal errors, they may appeal to a higher court for review.

Question 32

What is Appealing a conviction?

Accepted Answer

If convicted, a defendant still has legal options to challenge the outcome or seek a reduced sentence.

A conviction can be appealed if legal errors affected the trial’s fairness. Grounds for appeal may include:

Improper evidence admission – If the court allowed evidence that should have been excluded.
Ineffective assistance of counsel – If the defense attorney failed to provide adequate representation.
Prosecutorial misconduct – If the prosecution acted unfairly or violated legal procedures.
Jury misconduct – If jurors engaged in improper behavior that influenced the verdict.

Question 33

How does the appeals process work?

Accepted Answer

The defense must file a Notice of Appeal within a set timeframe.
The case is reviewed by an appellate court, which decides whether to uphold, reverse, or modify the conviction.
In rare cases, an appeal can lead to a new trial.

Question 34

Who qualifies for expungement in New Jersey?

Accepted Answer

Expungement is a legal process that removes certain offenses from a person’s criminal record.

Eligibility depends on factors like the offense type and the time since conviction. Generally, the following may be expunged:

Certain misdemeanors (disorderly persons offenses) after 5 years
Some felony convictions (indictable offenses) after 6 years
Arrests that did not result in a conviction (immediate eligibility)

Question 35

How does expungement help?

Accepted Answer

Once an offense is expunged:

It does not appear in most background checks.
Employers and landlords cannot consider it.
The individual can legally say they were not convicted of the offense.

Question 36

What are some alternatives to incarceration?

Accepted Answer

New Jersey offers several programs to help eligible defendants avoid jail time, particularly first-time offenders or those charged with non-violent crimes.

Pretrial Intervention (PTI)

Available for first-time offenders facing certain felony charges.
Requires completing probation-like conditions (e.g., community service, counseling).
Successful completion results in dismissed charges.

Drug Court Program

Designed for defendants facing drug-related charges.
Requires addiction treatment and strict court supervision.
Completion leads to reduced charges or case dismissal.

Probation Instead of Jail

Defendants may be sentenced to probation instead of incarceration.
Requires compliance with court conditions, such as drug testing or employment.

House Arrest & Electronic Monitoring

Some defendants may serve their sentence at home under GPS monitoring.
Often used for non-violent offenders.

Question 37

What Must the State Prove to Convict Me of DUI or Refusal?

Accepted Answer

In New Jersey, DUI and Refusal charges require proof beyond a reasonable doubt of several key elements:

Operation of a Motor Vehicle – The prosecution must prove you were driving.
Reasonable Suspicion for the Stop – Police must have had a valid reason to pull you over.
Probable Cause for Arrest – There must be evidence suggesting intoxication (e.g., failed sobriety tests or erratic driving).
Sufficient Evidence of Impairment – This may include breathalyzer results, officer testimony, or field sobriety tests.

Question 38

Can I Get a Plea Bargain for a DUI in New Jersey?

Accepted Answer

New Jersey does not allow plea bargains in DUI or Refusal cases. However, an attorney may negotiate an alternative resolution, such as reduced penalties or even case dismissal, if weaknesses exist in the prosecution’s case.

Question 39

What Is New Jersey’s 10-Year Step-Down Rule for DUI & Refusal Convictions?

Accepted Answer

Under state law, prior DUI or Refusal convictions may not count for sentencing purposes if at least 10 years have passed between offenses. This means:

A second offense could be treated as a first offense.
A third offense could be treated as a second.

This rule can significantly reduce penalties, including fines, license suspensions, and possible jail time.

Question 40

Can a Prior DUI Conviction Be Overturned If I’m Charged Again?

Accepted Answer

Certain past DUI convictions may be reviewed and challenged due to recent legal rulings:

State v. Cassidy – Led to the review of nearly 20,000 DUI cases due to concerns over breathalyzer accuracy.
State v. Olenowski – Raised issues about Drug Recognition Examinations (DREs) used to determine drug-related impairment.

If you believe a prior conviction was flawed, an attorney can investigate and potentially file a motion to reopen your case.

Question 41

How Do I Install an Ignition Interlock Device (IID)?

Accepted Answer

If you are required to install an IID, you can find authorized service centers online. Many offer same-day installation with an appointment. You’ll need a Certified Disposition or Court Order mandating the device. More details are available here.

Question 42

What If I Don’t Own a Car?

Accepted Answer

If you are convicted of a DUI or Refusal but do not own, lease, or operate a vehicle, you can certify this fact to avoid the interlock requirement. If approved, your driver’s license will be suspended for the duration that the IID would have otherwise been required.

Frequently Asked Questions

Understanding the Criminal Justice Process in New Jersey

The Grand Jury and The Indictment Process

Why Choose Moschella Law?

The Arraignment

Disposition/Status Conferences and Pretrial Conference

Trial Basics

Sentencing & Possible Outcomes

Post-Conviction Options & Appeals

DWI/DUI & Breathalyzer Refusal

Still Have Questions?