Criminal Process Defendants Face after Being Arrested in NJ
Introduction to the Criminal Process in New Jersey
If you find yourself facing criminal charges in New Jersey, it is crucial to understand the criminal process and the steps you will go through. The Skiendziul Law Firm is here to help guide you through this challenging period in your life.
Our experienced team of criminal defense lawyers is knowledgeable in the New Jersey legal system and will fight tirelessly to protect your rights and achieve the best possible outcome for your case. With our expertise and dedicated representation, you can trust that you will receive a strong defense.
Arrest
The criminal process begins with an arrest. When you are arrested in New Jersey, law enforcement officers take you into custody for suspicion of criminal activity. This is a crucial point in the process, as it sets the stage for what will follow.
During the arrest, the police will read you your Miranda rights, which include the right to remain silent and the right to an attorney. It is essential to exercise these rights and avoid making any self-incriminating statements.
Booking and Initial Appearance
After the arrest, you will be taken to the police station for booking. This involves the recording of your personal information, fingerprints, and photographs. It is important to note that, even though you have been arrested, you are considered innocent until proven guilty in a court of law.
Following the booking process, you will have an initial appearance before a judge. The purpose of this appearance is for the judge to determine whether there is probable cause to continue with the charges against you. At this stage, bail may also be set based on various factors such as the seriousness of the offense and your criminal history.
Grand Jury or Pre-Trial Conference
Depending on the nature and severity of the charges, your case may proceed to a grand jury or a pre-trial conference. The grand jury will review the evidence presented by the prosecutor and determine whether there is enough proof to indict you.
If your case goes to a pre-trial conference, it is an opportunity for the defense and prosecution to discuss the case, potential plea agreements, or the possibility of resolving the matter through alternative means, such as diversionary programs.
Filing Motions and Discovery
During the criminal process, your lawyer may file motions on your behalf. These are legal requests made to the court to address specific issues in your case. For example, a motion to suppress evidence may be filed if there was a violation of your constitutional rights during the arrest or investigation.
Discovery is an important part of the criminal process, where both the defense and prosecution exchange information related to the case. This includes police reports, witness statements, and any other evidence that may be used during the trial.
Plea Bargaining
In some cases, plea bargaining can occur during the criminal process. This involves negotiations between the defense and prosecution to reach a mutually acceptable resolution without going to trial. The Skiendziul Law Firm has skilled negotiators who can advocate for you during this process.
It is important to note that plea bargaining is not always the best option for every defendant. Our team will carefully assess your case and provide you with the guidance and advice you need to make an informed decision.
Trial
If your case cannot be resolved through plea bargaining or alternative means, it may proceed to trial. At trial, both the prosecution and defense present their arguments and evidence to a judge or jury. The Skiendziul Law Firm has extensive courtroom experience and will vigorously defend your rights throughout the trial process.
During the trial, witnesses may be called, evidence may be presented, and legal arguments will be made. Our team will work tirelessly to challenge the prosecution's case and present a strong defense on your behalf.
Sentencing
If you are found guilty or accept a plea agreement, the next step in the criminal process is the sentencing phase. The severity of the offense, your prior criminal history, and other factors will be considered in determining the appropriate punishment.
The Skiendziul Law Firm will advocate for the most favorable sentencing outcome for your case, whether it be probation, fines, community service, or an alternative to incarceration. Our goal is to minimize the impact of a conviction on your life and future.
Appeals and Post-Conviction Relief
If you have been convicted and believe that errors were made during your trial or sentencing, you have the right to appeal your case. The appeals process involves reviewing the trial record, identifying legal errors, and presenting arguments to a higher court.
Additionally, post-conviction relief may be available if there is new evidence or if your constitutional rights were violated during the criminal process. Our dedicated team will explore all possible avenues for challenging your conviction and seeking justice.
Contact The Skiendziul Law Firm for Expert Criminal Defense
If you or a loved one is facing criminal charges in New Jersey, contact The Skiendziul Law Firm to discuss your case. Our team is committed to providing exceptional legal representation and securing the best outcome for our clients in their time of need.
With our expertise in criminal defense and knowledge of the New Jersey legal system, we will fight tirelessly to protect your rights and achieve a favorable resolution for your case. Don't face the criminal process alone, trust The Skiendziul Law Firm to stand by your side.
