If you or a family member has just been arrested in New Jersey, the first question is immediate and important: what happens next? Within 48 hours, a judge may decide whether you are released or detained. What you do now, including what you say, who you call, and what you preserve, can affect your rights and your case.
At Attorneys Hartman, Chartered, we guide clients through each decision with careful preparation and steady communication. This article outlines the New Jersey criminal court process from arrest through appeal, explains what to expect at key stages, and shows why timely, informed action can protect your rights.
Step 1: Arrest, Charges, and Booking
After an arrest, police decide whether to issue a complaint-summons or a complaint-warrant. A warrant case means you will be taken to the county jail for an initial court appearance. From here, timing matters, because the court must address your status quickly under New Jersey’s Criminal Justice Reform framework.
Immediate tips:
- Exercise your right to remain silent and ask for an attorney.
- Do not discuss the facts of your case on recorded jail calls.
- Gather contact information for potential witnesses and preserve messages or photos that could be important later.
Step 2: First Appearance and Pretrial Release Decision (within 48 hours)
If you are committed to the county jail on a warrant, your first appearance is generally held within 48 hours. Before that hearing, Pretrial Services prepares a recommendation using the Public Safety Assessment (PSA). The judge can release you, release you with conditions such as reporting or home detention, or order detention if the prosecutor files a detention motion.
When the State seeks detention, prosecutors must provide exculpatory information before the hearing; the court may reopen the detention decision if significant exculpatory information emerges later.
Step 3: Central Judicial Processing (CJP) and Conditions of Release
The first appearance is often called Central Judicial Processing, or CJP. The court confirms representation, reviews the charges, and sets or reviews release conditions. Conditions can include check-ins with Pretrial Services, no-contact orders, electronic monitoring, or strict home detention. Violations can lead to a change in your status, including possible detention.
Step 4: Early Case Assessment, Discovery, and Diversion
In the weeks that follow, your defense team requests discovery, evaluates the strength of the State’s case, and identifies early strategies. This is also where diversion programs such as Pretrial Intervention (PTI) may be explored for eligible first-time offenders in Superior Court. PTI can lead to dismissal if successfully completed.
Some indictable matters can be negotiated for a remand to Municipal Court, where exposure may be lower. Parallel defenses may include motions to suppress evidence, challenges to identifications, and Miranda issues.
Step 5: Grand Jury and Indictment
For indictable offenses, the prosecutor presents evidence to a grand jury. If you are detained, New Jersey’s Criminal Justice Reform Act establishes specific time limits: the State generally must indict within 90 days of detention and bring the case to trial within 180 days after indictment. There is also a general two-year outer limit from the detention order to the start of trial. Each period is tolled for excludable time as defined by statute and court rule.
Step 6: Arraignment and Case Disposition Conference
Once indicted, the court holds an arraignment and initial case disposition conference no later than 14 days after the indictment is returned or unsealed. At this stage, the defense confirms receipt of discovery, addresses motions and plea discussions, and sets a schedule for the next conferences or hearings.
Step 7: Pretrial Motions and Plea Negotiations
Your defense team may file motions to suppress evidence, exclude statements, compel discovery, or dismiss defective counts. Many cases resolve by negotiated plea after the court rules on key motions. If diversion is approved, you move into program requirements instead of trial.
Step 8: Trial
If the case proceeds, Municipal Court trials are held before a judge, and Superior Court indictable matters are tried by a jury unless the defendant waives that right in writing with court approval. At trial, the State must prove each element of the charged offenses beyond a reasonable doubt. Your defense may present witnesses and exhibits, challenge the State’s evidence, and cross-examine.
Strategic choices at this stage can include pretrial requests to exclude improper evidence, objections to improper testimony or exhibits, and preserving issues for appeal. Whether to testify is your decision after consulting with counsel, and the court will instruct the jury that you are not required to testify.
Step 9: Sentencing
If there is a conviction or negotiated plea, the court imposes a sentence after reviewing statutory aggravating and mitigating factors, your record, and any victim-impact statements. Preparing a strong mitigation package is critical to seek the most favorable outcome permitted by law.
Step 10: Appeal and Post-Conviction Relief (PCR)
If you are convicted, you can appeal. In most criminal cases, a notice of appeal must be filed within 45 days of the final judgment. Separate from an appeal, post-conviction relief (PCR) is a way to challenge a conviction based on issues like ineffective assistance of counsel; the general deadline for a first PCR petition is five years from the judgment of conviction, subject to limited exceptions.
What You Can Do Now to Help Your Defense
- Call a lawyer immediately so early decisions do not limit your options later.
- Save everything that might be evidence, including texts and location data.
- Follow release conditions exactly; violations can jeopardize your liberty.
- Write down a timeline while events are fresh.
Take the Next Step with Attorneys Hartman, Chartered
If you are facing criminal charges in New Jersey and need clear direction, call 856-393-6073 or send a confidential message through our contact form to schedule a free phone consultation for criminal or municipal court matters. We serve clients throughout South Jersey, including Burlington, Camden, Gloucester, and Cumberland Counties, as well as in Mercer County.
From your first appearance through appeal in the New Jersey criminal court process, you can expect careful preparation, clear answers, and steady communication.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.