Do You Have A Case We Can Help With?
- All
- Disposition/Status Conferences and Pretrial Conference
- DWI/DUI & Breathalyzer Refusal
- Post-Conviction Options & Appeals
- Sentencing & Possible Outcomes
- The Arraignment
- The Criminal Trial Process in New Jersey
- The Grand Jury and The Indictment Process
- Trial Basics
- Understanding the Criminal Justice Process in New Jersey
- Why Choose Moschella Law?
DWI/DUI & Breathalyzer Refusal
What If I Don’t Own a Car?
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.
How Do I Install an Ignition Interlock Device (IID)?
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.
Can a Prior DUI Conviction Be Overturned If I’m Charged Again?
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.
What Is New Jersey’s 10-Year Step-Down Rule for DUI & Refusal Convictions?
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.
Can I Get a Plea Bargain for a DUI in New Jersey?
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.
What Must the State Prove to Convict Me of DUI or Refusal?
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.
Post-Conviction Options & Appeals
Sentencing & Possible Outcomes
Can a defendant appeal a conviction?
Yes. If a defendant believes their trial was unfair due to legal errors, they may appeal to a higher court for review.
What are the possible sentences?
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
What happens after a guilty verdict?
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
Trial Basics
What are the stages of a criminal trial?
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.
How does jury selection work?
The prosecution and defense attorneys question potential jurors and may dismiss certain individuals they believe could be biased. This process is called voir dire.
Is every criminal case decided by a jury?
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.
What happens if a case goes to trial?
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.
Disposition/Status Conferences and Pretrial Conference
What happens if no plea agreement is reached?
If no plea is entered by the pretrial cutoff date, the case proceeds to trial.
What is a pretrial conference?
A pretrial conference is a final opportunity for a defendant to enter a guilty plea before trial.
What is a disposition or status conference?
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.
The Arraignment
Can a defendant negotiate a plea deal at the arraignment?
Yes. After reviewing the prosecution’s evidence, defendants may enter plea negotiations or apply for Pretrial Intervention (PTI).
What happens at the arraignment?
- 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.
Do defendants need a lawyer at the arraignment?
Yes, it’s strongly recommended. Defendants who haven’t already hired an attorney may apply for representation by a public defender at this stage.
When does the arraignment happen?
If a defendant has been indicted, the arraignment must occur within 14 days.
What is an arraignment?
An arraignment is a formal court proceeding where a defendant is officially informed of the charges against them.
The Grand Jury and The Indictment Process
What happens if the grand jury does not indict?
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.
What happens if the grand jury indicts a defendant?
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.”
Can the defendant or their attorney attend the grand jury hearing?
No. Neither the defendant nor their attorney is present. Witnesses, however, may testify regarding the alleged crime.
Do grand jurors decide if someone is guilty?
No. The grand jury does not determine guilt or innocence. They only decide whether there is enough evidence to move forward with criminal charges.
What is a grand jury?
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.
Why Choose Moschella Law?
Why Choose Nicholas A. Moschella, Jr., LLC?
- 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
Understanding the Criminal Justice Process in New Jersey
What happens at trial?
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.
What is Pretrial Intervention (PTI)?
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.
What is a plea bargain?
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.
What is a grand jury, and how does it affect a case?
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.
Do defendants have a right to an attorney?
Yes. If they can’t afford a private lawyer, they may qualify for a public defender after an indigency investigation.
How does bail work in New Jersey?
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.
What happens at a first court appearance?
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.
What happens after an arrest?
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.
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.
How does a criminal case start?
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.
Impact of COVID-19
QUESTIONS CONCERNING COVID-19 IMPLICATIONS ON COURT MATTERS
New Policies For Court Appearances – Virtual Representation
Criminal Court Proceedings & Coronavirus Pandemic
Most Recent COVIID-19 Related Information
As Restrictions begin to be lifted Statewide, the New Jersey Judiciary has followed by Ordering that in-person Court appearances resume on a more broadened spectrum. While many Court proceedings considered non-essential, and/or without live Testimony to be elicited by the Court shall continue via the Zoom platform, live appearances will continue to become a more regular demand by the Judiciary. Municipal Courts have continued to use Zoom almost exclusively and will likely remain most if not all virtual for the foreseeable future.
https://www.njcourts.gov/public/covid19
April 24, 2020 – Supreme Court Order Resumes Some Court Operations, Extends Suspension of Others
March 27, 2020 – Supreme Court Order Extends COVID-19 – Related Suspensions of Court Proceedings and Other Matters
March 23, 2020 – Supreme Court-Ordered Mediation Yields Agreement on Release of Low-Risk County Jail Inmates
March 15, 2020 – New Jersey Courts Postpone In-Person Proceedings
March 14, 2020 – Chief Justice Rabner Announces Two – Week Suspension of Municipal Court SessionsMarch 12, 2020 – Chief Justice Rabner Suspends New Jury Trials in Response to Coronavirus
March 12, 2020 – Chief Justice Rabner Suspends New Jury Trials in Response to Coronavirus
Q: What are the new policies regarding appearance requirements in New Jersey?
A: The definitive answer will depend on the particular type of matter / charge / proceeding specific to each individual defendant or party to a Restraining Order for example. Some appearances will be required, others can be waived by your Attorney if you are currently represented or seeking representation. Defendants who are incarcerated will be given the opportunity to appear via electronic means through various video conferencing platforms to be used throughout the State.
Q: When do I have to physically appear?
A: The Superior Courts are implementing Video Conferencing for First Appearances, Status Conferences and/or possible Sentencings to Probation or Fines Only. Likewise, Municipal Courts are relaxing the parameters to allow certain case to be resolved wither with an appearance of an Attorney on your behalf in conjunction with a signed Affidavit and payment of fines. Consult with an Attorney or call your current Lawyer before any future scheduled matters to discuss your options and ensure against a bench warrant being issued against you.
Q: I have recently been charged with an offense, when is my next Court Date? What are my options if I already had a scheduled appearance and have not or do not hear back from the Court?
A: Since the first Order of the Supreme Court of New Jersey on March 14, 2020; all in-court proceedings have been adjourned through April 27, 2020. As a result, if your matter was scheduled during that time-frame; you should be receiving a new date either in the mail or if you are already represented, through your Attorney’s Office. If you are unsure of how to proceed, have not received a new Court Date in the mail or have recently been charged with a new offense, contact an Attorney regarding your options to protect yourself from further punishment for Failure to Appear.
The new reality in which has become how we are able to schedule and accommodate previously required in-person appearances has greatly impacted society and as a result, how in-court proceedings throughout the State will now be conducted. The movement to a relaxation on “Plea-by-Affidavits” or “Plea by Mail” in Municipal Court as well as the ability to either have a Defendant’s appearance “waived,” or not physically required; or to allow an Attorney appear virtually on your behalf has already begun and is likely to continue in its application. While the obligation and imperative nature of addressing any pending Criminal Charges, Temporary Restraining Orders and/or Motor Vehicle Violations against you has not changed; the availability of supplementary options with respect to legal representation have now been made possible. Additional issues causing concern due to these vast and unforeseen circumstances include Defendants who are incarcerated, the timing of their matters to be heard by the Superior Court, Impact of the restrictions on movement of prisoners on Sentencing, Probation Reporting and Violation issues as well as general uncertainty in the legal process moving forward. We are available 24 Hours a Day / 7 Days a week to answer any and all questions regarding your existing legal matters with the firm and/or potential need for representation.