If you are facing arrest or criminal charges in and around New Jersey, you need to understand the stages involved in the entire process. Understanding it will help to not miss out on important court dates or other significant deadlines, and will also help you make informed decisions about claiming your defense as you go through. So if you are arrested in New Jersey, here are the stages that you can expect to go through.
If any individual is feeling threatened in New Jersey, it is possible to get a restraining order against the person who is causing the threat. The restraining orders are completely legal under the Prevention of Domestic Violence Act.
If the order has been brought up against any individual, then they should be extremely careful. It is because the restrictions that have been put on your life right now are not completely clear. The violations of these restrictions can bring about serious consequences and might include criminal prosecution too.
Anybody in New Jersey who is alleging domestic violence has the right to seek restraining orders. There are possibilities that temporary restraining orders might be easily granted. Any individual who is an alleged victim of sexual misconduct can also seek the order.
You can expect your first appearance in court pretty quickly just after you are arrested or you receive a summon. It can get scheduled within 48 hours. It is now when the judge is going to decide on your pre-trial release, pre-trial detention, or grant you bail. If after a summon, you do not show up in the court, you may be ordered to be taken into custody.
After the first appearance, the evidence to your case will be reviewed by the prosecutors and they will determine if the case needs to move forward. The charges against you might be pursued, they may be downgraded, or the charges might be dismissed completely. Your attorney will get involved in the best way to influence the final decision.
This process involves drawing a favorable resolution before the trial. Your attorney might negotiate to achieve any of the following scenarios:
- Downgraded charges
- Sentence of maximum potential
- Reduced jail or probation term
- Dismissal of the charges
If you are eligible for this, the defense attorney can seek to place you in a diversionary program. If you can complete the program, the charges against you will be dismissed. Without the completion of the program, the case might be resumed.
Indictment and arraignment
An indictment is a very next step. This is where you will appear in front of the grand jury and your case will be thoroughly judged based on evidence. If the jury thinks of indicting you, you will have to also appear for an arraignment within just 14 days.
Trial and sentencing
If the date of trial arrives without your case getting resolved, the attorney will argue for a “not guilty” verdict. If the prosecution gets its case first, the sentence will be passed.
To get out of the trial successfully, one should have an experienced attorney to back them always.