Criminal Defense Resources
The criminal justice system in New Jersey is a complex area of the law that involves various steps and procedures throughout the process. The attached pages and links are provided to help you understand navigate through the criminal justice process. The information provided will hopefully assist you in forming a basic understanding of the process.
Bail, Detention Hearing, Arraignment
Motions and Defenses:
In any criminal case the defendant has a constitutional right to defend themselves. After the pretrial hearing, and any bail or detention motion, a criminal case typically starts with an indictment. An indictment is the actual charing instrument that is returned by the grand jury. After an indictment is returned, the defendant may file a motion to dismiss the indictment.
A significant motion which may be filed after an indictment is returned is called a motion to suppress. A motion to suppress seeks a court order suppressing evidence which was obtained by law enforcement. Motions to suppress are filed for a variety of reasons depending on the specific facts and circumstances of each case. Some motions to suppress include a motion to suppress a car stop, a motion to suppress a stop based upon a tip from a confidential informant and a motion to suppress the search of a home.
Pretrial memorandum, Motions in limine
Appeal to the Appellate Division and Supreme Court.
Often times individuals want to know what the potential penalties for certain criminal offenses will be. Below are links to pages will attempt to answer some of the frequently asked questions regarding criminal penalties in New Jersey.