Being arrested is scary, and it is part of a process that can end in a potentially long prison term. There is no room for guessing at this crucial stage of your case; it is important to know what to do after you’ve been arrested.
First and foremost, ask for a lawyer. Any time the police try to ask you questions, say that you do not want to answer any questions and that you want your lawyer present. This is the best way to assert and protect your rights. Additionally, there are some other steps to take regarding getting bail and planning for the rest of your case.
Call the Law Offices of John J. Zarych’s New Jersey criminal defense lawyers for help with your case by dialing (609) 616-4956.
Step 1: Remain Silent
When you are interacting with police, it is best not to say anything. People might be familiar with the “Miranda Rights” they typically hear on cop shows, explaining to someone being arrested that they have the right to remain silent and that anything they say can be used against them. In the real world, this warning is usually given only if the police want to interrogate you, but the rules are the same: you have the right to remain silent and the right to a lawyer when talking to police.
In order to use your right to remain silent, you ironically have to tell the police you do not want to answer questions. Additionally, you might have to answer some questions, such as questions about your name, address, and other biographical info they ask you about at the police station. Police might also be able to ask for ID when arresting you.
Many people think they can explain their way out of criminal charges, but this is usually a bad idea. Instead, just politely decline to answer questions. Another strategy is that you can say your lawyer does not want you answering any questions without them present. Whether you ultimately use our attorneys or another attorney, this is likely true! Talking and answering police questions usually only hurts your case.
Step 2: Demand a Lawyer
Just like the right to remain silent, the right to an attorney is available early on in your case to help you avoid incriminating yourself or saying something that might be against your best interests. If the police ask you any questions, say that you want your lawyer.
You can then contact our Cape May criminal defense lawyers, and we can discuss your case in a free phone conversation. We can even come down to the jail in many cases.
Most times, our strategy is going to remain the same: keep you from answering any questions. With an experienced attorney in your corner, there might be opportunities to give the police the info they’re looking for and avoid giving away anything that might hurt your case. However, the best policy is often to just decline the police officers’ questions to avoid giving them any additional evidence to use against you.
Your Next Steps After a Criminal Arrest in New Jersey
Once you have a lawyer and have declined to answer questions, the police likely have nothing further they’ll need from you. This might let you go home, where you can start planning for the rest of your case:
Bail
To go home, you will need to get bail set. In most cases in New Jersey, bail is set as “ROR” – release on your own recognizance. This means that you get to go home and are entrusted to return for your next court date of your own accord. There might be conditions on your release, such as a requirement to report your address with bail services and avoid re-offending.
Bail is sometimes set higher if you have a history of skipping court dates or are considered a danger to the community. In these cases, some amount of money might be set or paid as bond. In only the rarest and most serious criminal cases should bail be denied, and our lawyers can seek your pretrial release with arguments and evidence to help show your ties to the community, your lack of danger, and your willingness to come back to your next court date.
Addressing Charges
After arrest, you will have more court dates where the case against you can be challenged. This starts with an arraignment, which usually happens before you are even released. There, they explain the charges to you, and you enter your “not guilty” plea.
From there, you might have a preliminary hearing if your charges are serious “indictable crimes.” At a preliminary hearing, they determine whether there is probable cause for the charges, then hold them over for trial. If your charges are disorderly persons offenses, petty disorderly persons offenses, or ordinance violations, the case will go straight to trial.
At trial, our lawyers can challenge the witnesses and evidence against you and put on our own witnesses and evidence. Before that, we can make motions to challenge evidence, potentially making it harder for the prosecution to prove your case if they have illegally obtained evidence that should be thrown out.
Plea Bargaining
In many cases, plea bargains can help end your case early and reduce the charges or ultimate penalties. Plea bargaining can also include looking into “Pre-Trial Intervention” or other “diversionary programs” that might help you avoid conviction and a criminal record altogether.
Discussing plea agreements with the prosecution can happen at any time and is something you should never do without the help of a lawyer to advise you on your rights, your chances of outright winning at trial, and the potential penalties you face if the judge/jury were to find you guilty.
Call Our Criminal Defense Lawyers in New Jersey Today
After an arrest, call the Law Offices of John J. Zarych at (609) 616-4956 for a free case assessment with our Atlantic City criminal defense lawyers.
