If you stand accused of a crime, your first step should be hiring a lawyer. The criminal justice process is often just as confusing as it is frightening, and your lawyer can give you peace of mind while they fight your charges.
While many people know that a criminal case usually begins with an arrest, they might not know what comes after. After a defendant is arrested, they may go through multiple pretrial hearings, including a first appearance, bail hearing, grand jury, and an arraignment. Navigating the trial itself requires intense preparation and in-depth knowledge of the law and legal procedure. While defendants are allowed to represent themselves, it is better to have a skilled lawyer handle your trial. Call an attorney for help as soon as you know you might be facing criminal charges. This might be as early as right after you are arrested or even sooner if you have reason to believe you are the subject of a criminal investigation.
Get in touch with our dedicated staff at the Law Offices of John J. Zarych by calling (609) 616-4956 and arranging a free review of your charges with our criminal defense lawyers.
What Hearings Occur After You Are Arrested in Ocean County, NJ?
The arrest is only the first step in what might turn out to be a long and complex judicial process. After the arrest, numerous hearings and proceedings occur before the trial is even scheduled. Understanding how these proceedings work and why they are important is crucial to your defense. In some cases, our criminal defense lawyers are able to help defendants get their charges dropped or dismissed because of these hearings.
First Appearance
The first appearance occurs shortly after the arrest. Under the law, the first appearance must happen no later than 48 hours after a person is arrested. At this hearing, the judge may set terms of pretrial release or bail or order the defendant to be detained before trial.
In cases involving less severe charges, the defendant might not be arrested but instead might be issued a summons with instructions on when and where to appear for the hearing. If the defendant does not show up to the first appearance, the judge can issue a bench warrant for their arrest.
Bail Hearing
Issues of mail may heard at the first appearance. New Jersey has passed bail reform laws that have largely eliminated the cash bail system in all but a few cases or circumstances. As such, defendants may now get pretrial release without having to pay money. Even so, other terms, conditions, and restrictions may be part of your bail.
According to N.J.S.A. § 2A:162-16, defendants may be detained while the court prepares a risk assessment. This assessment may evaluate numerous details about the case and the defendant. The severity of the crime and whether the defendant is considered a flight risk may factor heavily into the assessment and the outcome of bail proceedings.
Under N.J.S.A. § 2A:162-16(b)(1), the court must make a pretrial release decision based on the risk assessment within 48 hours of the defendant being placed in jail. If you were held longer than this, call your lawyer immediately.
Grand Jury
In New Jersey, a grand jury hearing is when prosecutors present evidence to a group of 23 jurors. This is not a trial. The goal of this hearing is for prosecutors to convince the grand jury that enough evidence exists to support the charges against the defendant and that a trial is necessary. If the jury agrees, they may issue an indictment against the defendant, and the case will move forward to a trial.
If the grand jury does not believe enough evidence exists to support criminal charges, they may issue no bill. In such a situation, the charges may be dismissed. The grand jury hearing is held without you and your lawyer.
Arraignment
If you are indicted, you will have an arraignment. The arraignment is when the court will formally inform you of the charges against you. You may enter a plea at this stage. A trial date will be scheduled if you enter a plea of not guilty.
If you do not have an attorney yet, the court will give you the chance to get a lawyer at this point. It is crucial to have a lawyer so you can get legal advice and guidance before entering your plea.
How to Navigate a Criminal Trial in Ocean County, NJ
The trial is often regarded as the main event of the entire criminal justice process. Trials proceed according to strict procedural rules. Prosecutors may present their case in chief first, and we may cross-examine evidence and witnesses along the way. When prosecutors rest their case, we may present our evidence and witnesses. When we do, prosecutors will be cross-examining our evidence and witnesses. As such, it is important that we consider weak points in our case, as prosecutors will undoubtedly try to highlight them on cross-examination.
A big part of our case is determining whether the prosecutors even have enough evidence to meet their burden of proof. They must be able to prove the defendant’s guilt beyond a reasonable doubt. This is a high bar to meet. If it is clear that prosecutors cannot meet their burden, we can move for a dismissal of the charges.
Technically, as the defendant, you are not legally obligated to present any evidence, witnesses, or arguments. Sometimes, in cases where prosecutors have extremely weak evidence, defendants present nothing, as the court and jurors can plainly see that the burden of proof has not been met. Even so, we should come to court ready with evidence and witnesses that refute arguments from prosecutors. Doing so will help raise reasonable doubt among jurors.
Contact Our Ocean County, NJ Criminal Defense Attorneys for Assistance Now
Get in touch with our dedicated staff at the Law Offices of John J. Zarych by calling (609) 616-4956 and arranging a free review of your charges with our criminal defense lawyers.
