New Jersey Criminal Defense Attorneys PC
Criminal Defense Lawyers in New Jersey
Understanding the allegations, your rights, and the legal process can help you make informed decisions about how to respond to your case.
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Comprehensive Criminal Defense Across New Jersey
Our attorneys review the allegations, evidence, applicable law, and circumstances to identify potential defenses, legal issues, and available options.
DWI Charges
Evaluating the traffic stop, sobriety testing, chemical testing, driving evidence, and whether required procedures were followed.
Assault Charges
Reviewing witness statements, physical evidence, recordings, and whether the State can establish each required element.
Domestic Violence Cases
Responding to allegations, addressing a Temporary Restraining Order (TRO), preparing for a Final Restraining Order (FRO) hearing, and defending related criminal charges when applicable.
Theft Charges
Evaluating the evidence, intent allegations, valuation issues, and other elements required under the applicable law.
Weapon Charges
Defending allegations concerning unlawful possession, possession of a weapon for an unlawful purpose, possession of certain prohibited weapons, or other violations.
Sex Crimes
Examining witness accounts, physical or digital evidence, investigative procedures, statements, and whether the State can establish the required elements of the offense.
Protective & Restraining Orders
Addressing allegations of domestic violence, responding to a Temporary Restraining Order (TRO), preparing for a Final Restraining Order (FRO) hearing, and addressing related criminal charges when applicable.
Non-Indictable Charges
Defending disorderly persons and petty disorderly persons offenses, reviewing the applicable law and evidence, and addressing matters generally handled in Municipal Court.
Indictable Charges
Defending first-, second-, third-, and fourth-degree crimes, reviewing the evidence and applicable law, and handling criminal matters generally heard in the Superior Court’s Criminal Division.
New Jersey Court System
How Criminal Cases Work in Courts
A clear understanding of the criminal justice process allows you to make confident decisions and plan an effective defense.
Municipal Courts (Lower-Level Offenses)
Handles DWI, traffic, disorderly persons, and petty disorderly persons offenses, where early legal representation may improve available options and case outcomes.
Superior Courts (Indictable Charges)
Handles indictable criminal charges, where a strong defense strategy is critical from the earliest stages of the case.
Prosecution and Case Handling
Prosecutors work to build their case using available evidence, making early legal guidance important for protecting your rights and developing a strong defense.
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Counties where cases are handled
2
Main court levels for criminal cases
15
Judicial Vicinages
12
Grand Jury Votes Required for an Indictment (true bill)
New Jersey Criminal Offenses Classifications
New Jersey classifies first-, second-, third-, and fourth-degree indictable crimes separately from disorderly persons and petty disorderly persons offenses. Those lower-level offenses are not called misdemeanors under New Jersey law. The classification affects the court, potential penalties, and procedure; the exact statute and facts control.
Disorderly Persons (Lower-Level) Offenses
| Level | Maximum Jail Sentence | Examples of Offenses |
|---|---|---|
| Disorderly Persons | Up to 6 months | Simple assault, shoplifting, disorderly conduct |
| Petty Disorderly Persons | Up to 30 days | Harassment, disorderly conduct, public nuisance |
Indictable Offenses
| Degree | Prison Range | Examples (exact degree depends on statute) |
|---|---|---|
| First Degree | 10–20 years | Some robbery, kidnapping, and aggravated sexual-assault offenses |
| Second Degree | 5–10 years | Some robbery, assault, and drug-distribution offenses |
| Third Degree | 3–5 years | Some drug, theft, and weapons offenses |
| Fourth Degree | Up to 18 months | Some assault, stalking, theft, and fraud offenses |
NOTE: The ranges above are the ordinary terms in N.J.S.A. 2C:43-6. Offense-specific statutes, mandatory minimums, extended terms, and parole-ineligibility rules can change the sentence; murder, for example, is sentenced under N.J.S.A. 2C:11-3 rather than the ordinary first-degree range.
Your Guide to the NJ Criminal Court Process
The more you understand the legal process, the better prepared you’ll be to make informed decisions.
Building the Right Defense for Your Case
Every criminal case is unique, and the right defense depends on the facts, the charges, and how law enforcement and prosecutors handled the case. A criminal defense lawyer reviews every detail to identify available defenses and develop an effective legal strategy.
Martine Law team examines the prosecution’s case, challenges improperly obtained or unreliable evidence, and pursues every available legal defense based on the facts.
Unlawful Stop or Search
If law enforcement obtained evidence through a stop, search, or seizure that violated constitutional protections or applicable legal requirements, the defense may ask the court to suppress that evidence.
Weak or Incomplete Evidence
If the evidence is incomplete, inconsistent, or insufficient, the defense may argue that the prosecution has failed to prove the charges beyond a reasonable doubt.
Violation of Rights
If your constitutional rights were violated during an investigation, arrest, or custodial questioning, certain statements or evidence may be challenged, depending on the circumstances.
Witness Credibility Issues
Inconsistent or unreliable witness testimony can weaken the prosecution’s case. The defense may use cross-examination and other admissible evidence to challenge a witness’s credibility.
Lack of Intent or Knowledge
Some offenses require the prosecution to prove that the defendant acted knowingly, purposely, or with another required mental state. Lack of the required intent may provide a basis for defense.
Procedural or Evidentiary Errors
Procedural errors during the investigation or prosecution may affect the admissibility of evidence or other aspects of the case.
Legal Guidance Wherever You Are
No matter where you are in New Jersey, Martine Law offers experienced legal representation and dedicated support for clients throughout the state.
- Essex County, NJ
- Union County, NJ
- Passaic County, NJ
- Bergen County, NJ
- Morris County, NJ
- Somerset County, NJ
- Middlesex County, NJ
- Monmouth County, NJ*
- Mercer County, NJ*
- Hunterdon County, NJ
- Ocean County, NJ*
- Warren County, NJ
- Hudson County, NJ
- Sussex County, NJ
* Superior Court cases accepted
Frequently asked questions
What is a first appearance in a criminal case?
Generally, a first appearance is an initial court proceeding where the defendant is advised of the charges against them, their rights, and next steps. For incarcerated individuals charged by complaint warrant, the Court will determine whether the defendant should be granted pretrial release and, if so, the conditions that should be imposed. Incarcerated individuals receive a first appearance within 48 hours of commitment to the county jail.
How does pretrial release work?
New Jersey replaced traditional cash bail with a risk-based pretrial release system on January 1, 2017, under the Criminal Justice Reform Act. Pretrial Services conducts a public safety assessment (PSA) for every defendant in custody on criminal charges. The PSA assigns a risk score based on the risk of new criminal activity if released and the risk of failing to appear or obstructing prosecution. Based on this calculation, Pretrial Services makes a recommendation, such as releasing the defendant on their own recognizance (ROR), imposing certain pretrial monitoring conditions, or no release.
Can a person be detained before trial?
Yes, the State may request pretrial detention for certain defendants. If the State files a motion for detention, a detention hearing is generally held within three business days, though the hearing may be briefly postponed for good cause. The court may consider the factors outlined in N.J.S.A. 2A:162-20, including the nature and circumstances of the offense, weight of the evidence, history and characteristics of the defendant, potential danger to the community, risk of obstruction, and the pretrial services release recommendation.
What is a complaint warrant?
A complaint warrant is a charging document that includes a warrant for the defendant’s arrest. A defendant charged on a complaint warrant is subject to the procedures governing pretrial release and detention under New Jersey’s Criminal Justice Reform framework.
What is a grand jury indictment?
For indictable offenses, the State generally must obtain an indictment before proceeding to trial in Superior Court, unless the defendant waives the right to indictment under circumstances permitted by law. A grand jury considers evidence presented by the prosecutor and determines whether there is sufficient basis to return an indictment.
What is the difference between an indictment and a criminal complaint?
A criminal complaint is an initial charging document alleging that a defendant committed an offense. Criminal complaints are generally issued by law enforcement. An indictment is a formal charging document voted on by a grand jury. The two documents serve different roles in the criminal process.
What happens if a grand jury returns a No Bill?
A No Bill means the grand jury determined there is insufficient evidence to move forward with the criminal charges. A No Bill results in dismissal of the indictable charges. A True Bill, by contrast, means the grand jury returned an indictment. The grand jury’s decision concerns whether an indictment should be returned; it is not a determination of guilt or innocence.
Your New Jersey Criminal Defense Starts Here
Every stage of a criminal case matters. Evidence is reviewed, prosecutors build their case, and court deadlines move forward. Taking action early gives you more control over your options and defense strategy.
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