Being arrested in New Jersey can be an overwhelming and daunting experience. Whether it’s your first encounter with the legal system or not, the first 24 hours following an arrest are critical to your defense. The steps you take—or fail to take—can significantly impact the outcome of your case.
This guide will walk you through what to expect, what to do, and what to avoid after an arrest in New Jersey, helping you safeguard your rights and future.
Understanding the Arrest Process in New Jersey
What Happens Immediately After an Arrest?
When law enforcement officers arrest you, they will typically:
- Inform you of the charges against you,
- Read your Miranda rights, including your right to remain silent and your right to an attorney,
- Take you into police custody, where you will be booked (fingerprinted and photographed),
- Place you in a holding cell while awaiting further legal proceedings.
Depending on the severity of the charges, you may be eligible for pretrial release or held until your first court appearance. Understanding this process can help you remain calm and make informed decisions.
What to Do in the First 24 Hours After an Arrest
Exercise Your Right to Remain Silent
One of the most important rights you have is the right to remain silent. Anything you say can, and will, be used against you in court. Even if you believe you can explain the situation, resist the urge to talk to law enforcement without an attorney present.
Simply state, “I am invoking my right to remain silent until I speak to my lawyer.”
Contact an Experienced Criminal Defense Attorney
An experienced criminal defense attorney at Attorneys Hartman, Chartered can step in immediately to protect your rights, ensure due process, and develop a legal strategy. With extensive experience representing individuals across South Jersey, our firm is committed to offering legal counsel tailored to your unique circumstances.
If you or a loved one is facing criminal charges, consulting a criminal defense lawyer at Attorneys Hartman, Chartered as soon as possible can help you better understand your legal options and begin preparing a defense.
Know Your Rights in Police Custody
New Jersey law ensures that arrested individuals have rights, including:
- The right to a fair and timely first court appearance.
- The right to make a phone call to an attorney or family member.
- Protection from unlawful searches or coerced confessions.
Understanding these rights can help you remain composed under pressure, ensuring that you do not inadvertently make statements that could be misinterpreted or used against you. Being aware of your rights also allows you to make informed decisions about your case rather than feeling compelled to accept a plea deal that may not be in your best interest.
Critical Mistakes to Avoid After an Arrest
Speaking to Law Enforcement Without an Attorney Present
Anything you say, even in casual conversation, can be taken out of context and used against you. Law enforcement officers are trained to gather information, and without legal representation, you may unintentionally provide details that weaken your defense. Exercise your right to remain silent and request legal counsel immediately.
Resisting Arrest or Engaging in Confrontation
Even if you believe the arrest is unjust, physically resisting or arguing with law enforcement can result in additional charges, such as obstruction or assault. Remaining calm and following lawful instructions can prevent the situation from escalating and protect your legal standing.
Sharing Too Much on Social Media
Social media can be a valuable tool for staying connected, but it can also be a liability in a legal case. Prosecutors and law enforcement may monitor posts, messages, and even deleted content for evidence that could be used against you. Refrain from discussing your arrest, posting photos, or checking into locations that may contradict your legal defense.
Underestimating the Importance of Legal Representation
Many people mistakenly believe they can handle minor charges without an attorney. However, even seemingly less severe offenses can have long-term consequences, including a criminal record, fines, and jail time. An experienced New Jersey criminal defense lawyer can explore legal defenses, negotiate reduced charges, and protect your future.
What Happens Next? Your First Court Appearance
Within 24-48 hours of your arrest, you will likely have a first court appearance (arraignment) before a judge. During this hearing:
- The judge will formally read the charges against you.
- You will be informed of your right to an attorney.
- The court will use a risk assessment tool to decide whether you qualify for pretrial release or need to remain in custody, based on factors like your charges, past record, and likelihood of returning for future court proceedings.
- You will be asked to enter a plea (guilty, not guilty, or no contest).
Having legal representation at this stage is crucial, as your lawyer can present arguments for your release and challenge any unfavorable conditions.
Why You Need a New Jersey Criminal Defense Lawyer Immediately
Protect Your Future With Skilled Legal Representation
If you or a loved one has been arrested in New Jersey, taking swift action to secure legal representation can be crucial to protecting your rights. The first 24 hours after an arrest can significantly influence the direction of your case. At Attorneys Hartman, Chartered, our dedicated criminal defense team provides strategic legal guidance and support to help you navigate this challenging time.
Understanding your legal options and acting quickly can play a pivotal role in how your case progresses. Here’s how Attorneys Hartman, Chartered can assist you during this crucial period:
- Ensure your rights are protected from the start.
- Advocate for pretrial release based on NJ’s risk-based evaluation system and challenge any unjustified detention decisions.
- Challenge weak or unlawfully obtained evidence.
- Craft a defense strategy tailored to your specific circumstances.
Take Immediate Action: Contact Attorneys Hartman, Chartered Today
At Attorneys Hartman, Chartered, we understand that facing criminal charges can be overwhelming. Our skilled New Jersey criminal defense lawyers are ready to provide aggressive legal representation to protect your rights and fight for the best possible outcome in your case.
Don’t wait – call us immediately if you or a loved one has been arrested in Camden, Washington Township, Hamilton Township, Vineland, Trenton, Atlantic City, Evesham, or anywhere in South Jersey. The sooner we begin building your defense, the better your chances of a favorable resolution.
Reach out today for a confidential consultation by filling out our online contact form or calling our office. Your future is too important to leave to chance.
Disclaimer: This article is for informational purposes only and should not be construed as legal advice. Legal outcomes depend on the specific facts of each case. To understand your rights and options, consult a qualified New Jersey criminal defense attorney.