Understanding the allegations, your rights, and the legal process can help you make informed decisions about how to respond to your case.
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.
Drug Charges
Examining searches, seizures, evidence handling, and laboratory testing.
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.
21
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.
- Newark
- Jersey City
Frequently asked questions
What evidence influences the decision to drop charges?
Prosecutors consider the strength, reliability, and legality of evidence. Weak witness statements, lack of proof, or violations during search or arrest can lead to reduced or dismissed charges in New Jersey.
How much evidence or proof is required in a criminal case?
At trial, the State must prove every element beyond a reasonable doubt. The burden remains on the prosecution; a defendant does not have to prove innocence. Reasonable doubt is defined by the court’s instructions, not by a percentage.
When is a first appearance held in a New Jersey criminal case?
An incarcerated defendant generally receives a first appearance within 48 hours of commitment to jail. A person served with a summons appears on the date set by the court. The judge may address release conditions, detention, or other preliminary matters.
What is the difference between a disorderly persons offense and a crime?
Disorderly persons offenses are lower-level charges handled in municipal court, while crimes (indictable offenses) are more serious and handled in Superior Court, often with stricter penalties and formal procedures.
Can criminal charges be dismissed in New Jersey?
Charges may be downgraded, diverted, or dismissed, but no result is automatic. The prosecutor or court must have a lawful basis, such as insufficient admissible evidence or a constitutional or procedural defect. Defense counsel can investigate, negotiate, and file appropriate motions.
How long does a criminal case take in New Jersey?
The timeline depends on the charge and court. Municipal cases may resolve in weeks or months, while indictable cases in Superior Court can take several months or more than a year.
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.
Available 24/7 | Speak with a criminal defense lawyer in New Jersey quickly
Confidential | Your information is protected from the first contact