Criminal charges for prostitution or solicitation can lead to serious legal penalties and social humiliation. However, many cases involve misunderstandings or police officers who are too eager to arrest to listen to a suspect’s reasonable explanations. Hire an attorney immediately to mount an effective defense and fight the charges.
Prostitution involves engaging in sexual activities, or offering to engage in sexual activities, in exchange for money or something of economic value. Solicitation involves seeking sexual favors from someone engaged in prostitution. These charges often go hand in hand, and defendants may face jail time, fines, and public embarrassment. However, not every case is what it seems. If no money or anything of value is exchanged, there is often no crime. If prosecutors cannot prove that what you allegedly did fits the definition of these crimes, we may be able to fight the charges successfully.
Call our New Jersey criminal defense lawyers with the Law Offices of John J. Zarych at (609) 616-4956 for a free, private case review.
How Solicitation and Prostitution Offenses May Be Charged in New Jersey
In New Jersey, solicitation and prostitution are both charged under the same statute and tend to overlap, although they are technically different offenses.
Solicitation
Prosecutors may charge someone with solicitation if they have evidence that the defendant patronized or attempted to patronize someone engaged in prostitution. The person charged with solicitation is not the person engaging in prostitution, but rather the person who pays for sexual favors.
In many cases, the police may work undercover to find people soliciting sex workers, or they may intervene in areas where prostitution and solicitation are known to take place.
Prostitution
Prosecutors may charge someone with prostitution if they believe the defendant was sexually active or offered sexual activities in exchange for money or something of economic value. Prostitution may occur under various circumstances. In some cases, it involves people being picked up off public streets by customers. In others, it might involve a more professional setting or atmosphere, like an upscale brothel or escort service.
How You Can Fight Charges for Prostitution and Solicitation
Society has never been kind to those suspected of engaging in or supporting prostitution, but you still have a right to defend yourself, and hiring a good lawyer is the first step.
No Exchange of Money
Charges for prostitution and solicitation require that there be an exchange of money or something of economic value. Remember, the exchange need not actually take place. An offer and acceptance are often enough for the purpose of filing charges. If there is no actual exchange, or the alleged exchange was never offered, tell your lawyer. This is a key element of the charges. If prosecutors cannot prove it, the charges may fall apart.
No Sexual Activity
You might instead fight the charges if sexual activity was never involved in the incident. Prostitution and solicitation are inherently sexual offenses. If sex played no part in the encounter, you may fight the charges.
This sometimes comes up when a person pays an escort to take them to an event or on a date. While these are personal services that are provided and paid for, they are not necessarily sexual. The escort business is legal as long as dates do not become sexual activities.
Your Actions Were Unknowing
To be charged, there must be evidence that you knew what you were doing. It is not uncommon for a person to flirt with someone they meet at a bar, only to find that the person is engaged in prostitution and they meet new clients at the bar. A police officer who observes the situation might misunderstand what is happening and arrest you for solicitation.
What if I Did Not Engage in Prostitution by My Own Choice?
Engaging in prostitution is not always a willing choice. Many people are forced into prostitution against their will. These human trafficking offenses are frighteningly common, and they may involve small, isolated incidents or large criminal and human trafficking rings.
If you were engaged in prostitution because someone forced you into it, inform the police as soon as possible. In some cases, the victim cannot report what is happening because they are too closely watched by the people abusing them. As such, they might have to wait until the police arrest them to report that they are being forced into prostitution.
Important Facts You Can Challenge in a Prostitution and Solicitation Case
Even if we cannot challenge the criminal elements in your case, there may be important factors around the incident that the authorities have all wrong.
The Location of the Alleged Offense
An important factor in the case is where the alleged prostitution or solicitation occurred. While the incident does not have to occur in public to warrant charges, public acts of prostitution or solicitation tend to be more frowned upon, and it may be considered an aggravating factor.
Also, charges and penalties may be different if the offense allegedly occurred in a brothel or house of prostitution. If your case is not connected to a brothel, our Haddonfield, NJ criminal defense lawyers must make sure that the charges reflect this fact.
Your Intentions
Again, prostitution and solicitation must occur because the actor knows what they are doing. If you did not intend to accept or offer money, tell your lawyer. For example, you might have been flirting with someone without realizing they are engaged in prostitution, and they might mistake your flirting for an offer for money in exchange for sexual activity.
Intent is tricky to prove, and if we challenge the intent alleged by prosecutors, we could possibly undermine the case against you.
Statements Made by the Police
Did the officer lie or embellish their testimony about what happened when you were arrested? Often, these charges are based largely on police observations during an arrest. If they are not telling the truth or have stretched the truth, talk to your attorney about how you can prove the real facts of the situation.
Evidence You Can Use to Fight Charges for Prostitution and Solicitation in New Jersey
Fighting almost any criminal charges requires some evidence, and we should begin gathering it as soon as possible. If we wait too long, evidence may disappear.
Security Camera Footage
If the offense allegedly occurred in public, such as on a public street, there may be security cameras nearby that recorded the incident. We can reach out to homes or businesses near the alleged incident location and review them to see if they align with law enforcement’s claims. If they do not, they may be used to undermine the charges against you.
Witness Testimony
Witnesses may be key to our evidence. If others were there when the alleged offense took place, they may be able to back up your claims that you did not do anything illegal. Alternatively, they may have information that somehow contradicts the claims of law enforcement. Remember, prosecutors must prove the charges beyond a reasonable doubt. Even if witness testimony does not completely exonerate a defendant, it may raise sufficient reasonable doubt to prevent a conviction.
Your Testimony
Perhaps the most important testimony is your own. Sometimes, defendants charged with prostitution or solicitation are arrested in more isolated incidents, and there might not be any other witnesses who can back up your claims. As such, it may be necessary for you to testify about what really happened.
It may or may not be a good idea for a defendant to testify in their own trial. Once you are on the witness stand, prosecutors may cross-examine you, and they may be ruthless. Talk to your attorney about whether testifying in your case is a good idea.
Do I Have to Register as a Sex Offender if Convicted of Solicitation or Prostitution?
While prostitution and solicitation may involve sexual activity and tend to fall under the category of sexual crimes, convicted defendants often do not have to register as sex offenders in New Jersey. These offenses often involve willing participants and are sometimes referred to as ‘victimless crimes’.
However, this is not always the case. If you are charged with prostitution or solicitation in a way that involves a minor, you may be required to register as a sex offender if convicted. Mistaken beliefs as to the victim’s age are usually not a defense.
Should I Accept a Plea Deal for Prostitution or Solicitation Charges?
Crimes of prostitution and solicitation, when only involving consenting adults, tend to be considered low-level crimes among police and prosecutors. These offenses are also somewhat common, and prosecutors may be eager to get your case off their plate so they can focus on more serious issues. As such, we may be able to negotiate a favorable plea deal.
If you accept a plea deal, you will plead guilty to reduced charges and likely face more lenient penalties. Plea deals are not guaranteed, and your attorney may need to negotiate with the prosecutor to secure you a good deal. Whether pleading guilty as part of a plea deal is a good idea is up to you. You are free to reject a plea deal if you do not like it or want to pursue a full trial.
If we believe prosecutors do not have enough evidence to support a conviction, we should reject a plea deal offer and take the matter to court. When prosecutors realize they lack sufficient evidence to secure a conviction, they may drop the charges, or we can ask the judge to dismiss them.
FAQs About Fighting Charges for Solicitation and Prostitution in New Jersey
How Are Charges Assessed for Prostitution and Solicitation?
Charges for prostitution may be assessed if a defendant is believed to have engaged in sexual activity with someone else in exchange for money or something of value. Solicitation is like the opposite end of this transaction and may be charged when someone seeks out the services of someone engaged in prostitution.
How Can I Fight Charges for Solicitation or Prostitution?
You may have numerous defense options depending on your case. Perhaps there was sexual activity without any exchange of money. Maybe you were flirting with someone, but had no idea they were working in prostitution and mistook you for a paying customer. Your actions must be knowing, and many cases involve defendants who were not fully aware of what was going on.
Will I Go to Jail for Prostitution or Solicitation?
If convicted, you may face incarceration for prostitution or solicitation. However, first-time offenders may be able to negotiate plea agreements for reduced charges or more lenient penalties. Whether this is best depends on your case and should be discussed with your lawyer.
Will I Have to Register as a Sex Offender if Convicted of Prostitution or Solicitation?
Generally, people convicted of prostitution or solicitation do not have to register as sex offenders in New Jersey unless the crime involves a minor. Even so, you should check with your lawyer about possible registration requirements in your case.
Do I Need a Lawyer to Help Fight Charges for Solicitation or Prostitution?
You are not required to have a lawyer, but you have a right to have one in a criminal case. It is unwise to try to proceed without legal representation, and you should hire a lawyer to help you as soon as possible.
Can I Be Charged for Solicitation or Prostitution if There Was No Sexual Activity?
Yes. These criminal charges may apply even if the people involved did not actually engage in any sexual activity. The key is that there was an offer to exchange sex for money. The other person might not even have to accept the offer for charges to be assessed.
Get Help Now from Our New Jersey Solicitation of Prostitution Defense Lawyers
Call our Cape May, NJ criminal defense lawyers with the Law Offices of John J. Zarych at (609) 616-4956 for a free, private case review.
The justice system tends to be highly punitive, focusing on punishing the guilty. However, the needs of victims often fall to the wayside, and many feel as though they never fully return to normal after a serious crime. Restorative justice encompasses a set of principles that highlight the needs of victims and their communities in restoring order.
Restorative justice is not exactly a specific set of codified laws. Instead, it is more of an ideology that encourages helping victims and communities heal and move on after experiencing crime. Numerous entities are involved in the process, including law enforcement, the courts, victims, and communities. The goal is often to help those affected by crime heal, thereby leading to healthier, happier communities. How restorative justice is implemented varies from case to case.
Get a private, free case assessment by calling the Law Offices of John J. Zarych at (609) 616-4956 and speaking to our New Jersey criminal defense attorneys.
How Does Restorative Justice Work?
Restorative justice may work differently based on where and how it is implemented. Even so, the primary goal of restorative justice is to emphasize the needs and victims and communities, and to help offenders reintegrate into their communities in a healthy and helpful way.
Restorative justice is more of a principle than a solid law. However, restorative justice principles have influenced the passing of certain laws and statutes in many states. For example, many prisons have implemented restorative justice programs to help inmates learn skills they can take back to their communities upon release.
If you are convicted of a crime, your attorney may be able to help you identify available restorative justice programs to help you. Similarly, victims may participate in certain programs to help them recover after a crime.
Who is Involved in Restorative Justice Efforts in New Jersey?
Restorative justice may appear differently depending on where it is implemented, the purpose it serves, and who is involved. While the authorities are often involved in this process, many programs focus on victims and communities, and their involvement is often key.
The Authorities
Restorative justice often relies on the involvement or cooperation of the authorities. The police often participate in restorative justice. Simply keeping victims looped into investigations may be considered a form of restorative justice. Law enforcement agencies may also implement their own community outreach programs to further restorative justice efforts.
Prosecutors also often get involved with restorative justice. For example, many prosecutors will communicate with victims and their family members before offering a plea deal to a defendant. Courts may also allow victims to give impact statements during sentencing.
Victims of Crimes
Restorative justice tends to focus on victims’ needs, and many programs exist to help them move on after the case is over. For example, restorative justice programs exist across the country to facilitate dialogues between victims and perpetrators. In many cases, this allows victims to gain closure and move on, especially if the crime committed was violent.
Perpetrators of Crime
Many restorative justice ideals revolve around rehabilitating convicted defendants. While healing victims and communities is a major component of restorative justice, it also emphasizes rehabilitation and helping convicted defendants reintegrate into society. If you are convicted, there may be restorative justice programs you can participate in while you serve your sentence or after.
The Community
Even if victims and perpetrators choose not to participate in restorative justice programs, there may still be opportunities for communities to get involved. Some crimes are so severe, such as homicide offenses, that entire communities are shaken. Certain programs or restorative justice organizations may help community members come together to express their concerns and gain closure.
Common Methods of Restorative Justice
Restorative justice is sometimes codified into state statutes. Other times, it is spearheaded by community members or private organizations. Either way, it may crop up in various ways, and our Atlantic City criminal defense attorneys can help you explore restorative justice programs available in your area of New Jersey.
Dialogues Between Victims and Offenders
There may be an opportunity for victims and the people who victimize them to sit down and have a real conversation about what happened and how they were affected. These dialogues might be facilitated by prison facilities, community groups, or even attorneys representing both parties. In many cases, both victims and perpetrators report gaining insight and closure after these dialogues.
Classes and Courses for Inmates
Many prisons offer classes and courses for inmates to gain skills and even education credits they can use when they are released. This often helps inmates build marketable skills they can use to find employment and more effectively reintegrate into their communities.
Community Panels and Organizations
Some restorative justice programs are community-based rather than operated by governmental entities. Many such organizations rely on volunteers and community donations to keep running. They may focus on improving communities affected by crime or helping victims find closure.
Where is Restorative Justice Implemented in New Jersey?
Restorative justice is not an automatic part of the typical criminal justice process, and you may need to ask your attorney about possible restorative justice opportunities in your area.
Mental Health Programs
New Jersey has various mental health programs for people in the criminal justice system. The Mental Health Diversion Program is grounded in restorative justice principles as a matter of law. The program is open to defendants who are believed to have committed crimes as a result of mental health conditions rather than criminal intentions, and focuses on getting them help more than punishment.
Schools and Juvenile Justice
Many schools have also adopted restorative justice programs for students who have been removed from school for criminal behavior. Often, these programs help students reintegrate into their schools after a period of absence due to juvenile adjudication. Rather than punish the student, the school aims to help the student readjust to school life and, hopefully, avoid reoffending. These programs may be offered at a school or district level and may or may not be connected to larger public programs.
Community Level
Many other restorative justice programs are offered at the community level and are organized by community volunteers. The offerings of these programs may vary, but they are often aimed at helping communities recover after experiencing crime and loss. Many other programs focus on rehabilitating offenders after they complete their sentences so that they can rejoin the community as positive, productive members.
Restorative Justice Programs for Juveniles in New Jersey
Many restorative justice laws and programs focus on juvenile offenders. Because these offenders are so young, restorative justice may be crucial in giving them a fresh start and reducing the likelihood that they will continue to offend into adulthood.
School Programs
Many schools offer restorative justice programs for students who have been charged with or adjudicated for criminal offenses. These students may participate in programs designed to help them unpack the reasons why they committed the offense in the first place and adjust to life in regular school once released.
Juvenile Justice Commission
The Juvenile Justice Commission also takes efforts to implement restorative justice within the juvenile justice system. For example, in 2024, the Essex County Restorative and Transformative Justice Hub opened in New Jersey. This is one of four planned hubs that cater to the needs of juvenile offenders. These hubs are community-driven with funding provided by the state, and they focus on diverting young people away from the criminal justice system and helping them reenter their communities and schools.
How Widespread is Restorative Justice in New Jersey?
Although restorative justice programs and laws are not exactly widespread throughout the justice system, there may be more programs and offerings than you think.
The justice system itself has recognized the importance and effectiveness of restorative justice principles in rehabilitating offenders and preventing recidivism. As such, numerous diversion programs are available to defendants who meet eligibility criteria.
Restorative justice has even made its way into prisons. Facilities often offer classes to help inmates build skills or earn education credits they can use upon release. They may also take advantage of counseling programs to help them deal with substance abuse issues.
Is Restorative Justice Mandatory in New Jersey?
Restorative justice programs are usually voluntary. Defendants and victims do not have to participate if they do not want to. However, in some cases, participating may be in a defendant’s best interests, and they should seriously consider something like a division program if one is available.
Victims of crimes almost never have to participate in a restorative justice program if they do not wish to. People may handle the aftermath of victimization differently, and some might prefer to deal with it privately rather than engage in restorative justice.
How Effective is Restorative Justice?
The effectiveness of restorative justice may vary depending on the nature of the program and its implementation. Generally, the justice system and lawmakers have recognized that restorative justice principles successfully reduce recidivism and help offenders rejoin the communities they hurt.
Many communities have also praised the ideals of restorative justice. The standard procedures of the criminal justice system often do not emphasize the needs of the victim, and many victims feel they are not heard and their needs are not prioritized. Many victims feel that simply being heard is a major help and allows them to and closure.
FAQs About Restorative Justice in New Jersey
How Does Restorative Justice Work?
Restorative justice principles emphasize the rehabilitation of convicted defendants and the healing of victims and communities. While punishment is a part of the process, it is not the sole focus. Exactly how this works will depend on the nature of each specific restorative justice program.
Are Restorative Justice Programs Available in New Jersey?
Yes. New Jersey offers a Mental Health Diversion Program specifically for defendants who have psychological conditions or disorders that led to their criminal actions. This program, and others, help defendants recover so they hopefully avoid reoffending and can reintegrate into their communities.
Do I Have to Participate in Restorative Justice?
No. Restorative justice programs are typically voluntary, and you do not have to participate if you do not want to. Keep in mind that many programs have limited space or strict eligibility criteria, and you might not be able to participate even if you want to.
When Does Restorative Justice Happen?
Restorative justice is not a specific step in the criminal justice process. Rather, it may be baked into certain programs offered within the system. It might instead be offered by community members or volunteers outside the system. It may occur while a criminal case is pending, while a convicted defendant serves their sentence, or after a defendant is released.
Is Restorative Justice an Automatic Part of the Criminal Justice Process?
Not necessarily. Restorative justice programs are usually voluntary, and you must opt in before getting started. While some programs or offerings are encouraged, they are not automatic.
Is Restorative Justice Helpful?
Generally, yes. People who participate in restorative justice programs often report that the program was helpful. Defendants may gain skills needed to reintegrate into society, and victims and communities can find closure to help them move on from what happened.
Who is in Charge of Restorative Justice Programs in New Jersey?
The person or people in charge of a restorative justice program will vary based on where and how the program is offered. While many programs are run by community members, others are run by official governmental entities, like prison facilities or juvenile group homes. If you are interested in a program, your attorney can help you determine whom to contact about admission.
Speak to Our New Jersey Criminal Defense Attorneys for Help Now
Get a private, free case assessment by calling the Law Offices of John J. Zarych at (609) 616-4956 and speaking to our Wildwood, NJ criminal defense attorneys.
Defendants should be prepared for all appearances in criminal court, starting with their arraignment. In addition to being unfamiliar with court procedures, defendants may be emotionally unprepared to face charges in court and potentially undergo a trial. We prioritize preparing defendants for all court appearances so they don’t jeopardize any aspects of their case.
You must be prepared to hear the charges filed against you during the arraignment. This can be distressing, especially when combined with unfair requests for bail from the prosecution. You must also be prepared to enter a plea at your first appearance in criminal court and speak before the judge. We will also prepare you for all subsequent court appearances, advising you on how to address the judge, explaining the importance of staying calm and engaged, and addressing any other questions you may have about criminal court proceedings.
Call the Law Offices of John J. Zarych for a free and confidential case analysis from our New Jersey criminal defense lawyers at (609) 616-4956.
How Can You Prepare for a Criminal Court Appearance?
Your first court appearance for criminal charges in New Jersey is the arraignment. You need to prepare for this appearance and all future appearances, and our attorneys are here to assist you.
Enlist Our Lawyers
There are countless complicated procedural aspects of going to trial that defendants need help navigating. Our attorneys can explain how arraignments work and keep you informed about all mandatory court appearances related to your case.
Understand Your Charges
Before your very first criminal court appearance, you should know the charges being filed against you. Official charges can have complicated phrasing, and our attorneys can break down exactly what your charges mean and the potential implications they carry.
Defendants who do not understand their charges risk submitting the wrong plea.
Follow the Court Schedule
Prepare to be present for all mandatory court appearances, especially your initial arraignment. If you are not currently in police custody and are arriving at the courthouse yourself, make sure you bring the appropriate identification and documents to gain entry.
Judges rarely accept excuses from defendants who miss court appearances in criminal cases. Missing an arraignment has consequences, like the judge potentially setting a higher bail or refusing bail altogether. Missing any subsequent criminal court appearances during a trial may result in bail being revoked. We can help prevent this by keeping track of all scheduled court dates.
What Should You Prepare for During a Criminal Court Appearance in New Jersey?
We’ll prepare you for what to expect during all criminal court appearances throughout your case, from arraignment to trial days. Going to court is daunting for anyone, especially defendants with no previous arrests or convictions, and mental preparation is always key.
During your first appearance before the judge, be prepared to hear the exact charges being filed against you. You should also be prepared to enter a plea at arraignment. You must tell the judge you are pleading “not guilty” yourself. Once the judge accepts your plea, the prosecution will request bail.
Our lawyers can prepare defendants for the potential bail amount based on their charges, and we may be able to convince judges to lower bail amounts for first-time offenders. If you are facing charges where no bail is likely, our Atlantic City, NJ criminal defense lawyers will also prepare you for this possibility.
Following the arraignment, how you prepare for upcoming court appearances depends on the purpose. We can explain what to expect each day and ensure you are emotionally prepared for what’s to come.
How Long Do You Have to Prepare for Your First Criminal Court Appearance?
If you’re in police custody, an arraignment must take place within 48 hours in New Jersey. If you are not in custody, you may have much longer to prepare for your initial appearance in criminal court. Even so, you shouldn’t wait to start working on your case; instead, contact our attorneys immediately.
When operating within a relatively short timeframe, our lawyers can quickly review the reason for your arrest and explain the likely charges that will be filed against you at arraignment. Although we can get up to speed on your case quickly, you should not delay contacting us if you are arrested and in police custody, awaiting arraignment.
If you need more time to prepare for the arraignment, our lawyers may request an “adjournment” from the judge that postpones it. Never miss a scheduled arraignment without requesting a postponement because you need more time, as the judge may issue a bench warrant for your arrest.
What Should You Do During a Criminal Court Appearance in New Jersey?
What you do during court appearances for a criminal case can affect its outcome more than you might anticipate.
Answer the Judge Respectfully
One of the most important things you can do during any criminal court appearance, especially the first one before the judge, is to answer the judge respectfully. Refusing to respond to the judge’s questions or speaking in a rude tone does not benefit defendants and makes a bad first impression on the judges overseeing their case.
Pay Attention
Stay engaged during all criminal court appearances. Even if some aspects of a hearing or testimony are confusing, pay attention. Not staying engaged can make defendants seem unfazed by the charges they’re facing and have a negative impact on the judge or jury.
Stay Calm
You must stay calm during all court appearances. Some trial days can be extremely long, and hearing certain testimony or evidence can be particularly upsetting. Keep your composure to the best of your ability, no matter what. Emotional outbursts and visible frustration can affect how judges and juries view defendants.
Contact Our New Jersey Attorneys for Help with Your Defense
Call the Law Offices of John J. Zarych at (609) 616-4956 for help with your case from our Ocean City, NJ criminal defense lawyers.
We often see arrests carried out on TV, and they are often portrayed as happening quickly. While the initial arrest might happen fast, the entire process takes more time. The police will likely take you into custody at the local jail in Atlantic County for processing. How long this takes can vary from case to case.
Getting processed in an Atlantic County jail might only take a few hours or a few days, depending on the situation. In more severe cases involving violent felonies, the police will likely take longer to process you, as they must make sure that everything is done correctly. However, you should not be held in custody without charges for too long. If you are held for more than 48 hours, you should ask your attorney for help immediately. After you are processed, the police may begin custodial interrogation, and you should demand an attorney before answering any questions.
Get a private, free case analysis from our Atlantic City criminal defense lawyers with the Law Offices of John J. Zarych by calling (609) 616-4956.
Getting Processed in an Atlantic County Jail
After a person is arrested, they may be taken to jail, where they must be processed before being questioned. Being processed involves taking various personal information so the police can properly identify a suspect. They may also check for things like outstanding warrants, prior arrests, or criminal convictions.
Processing may take a few hours or more than a day. It depends on the specific facts and circumstances of your case. Generally, more serious cases involving more complex facts tend to take longer to process. If you are arrested for something like a minor disorderly persons offense, you will probably be processed relatively quickly.
The more you cooperate, the faster you may be processed. People who have been arrested sometimes resist police efforts to get more information about them, even if this information is not used for incriminating purposes. Remember, processing is not meant to be used as evidence against you, so refusing to cooperate will only make everything take longer.
How Long Can You Be Held in an Atlantic County Jail?
While processing can take some time, you must either be released from jail or formally charged within a certain period of time, barring special circumstances.
After being arrested, you may be held by the police in jail for no longer than 48 hours unless prosecutors file a motion for pretrial detention. According to the New Jersey Court Rules § 3:4-2(a)(1), you must be brought before a judge for your “first appearance” within 48 hours of your arrest. This means that processing must be completed by this time, or you must be released.
Generally, the police are not keen to prolong the process, as this may eat into their time to question you about the alleged offense before prosecutors must assess charges. If you are held for too long, explain what happened to your attorney as soon as possible.
What to Do if You Are Held for Too Long in Jail
It is not unusual to be held in police custody for longer than you would like. However, if you are held for more than 48 hours with no word on whether charges will be pressed, you should get help from your attorney immediately.
Tell your lawyer as soon as possible about how long you have been waiting in jail. Processing can take a while, but it should not take more than 48 hours unless very special conditions exist. If they do, your attorney should know about them so they can make sure that the authorities do not trample over your rights.
If there are special reasons why you have been held for so long in jail, your attorney can help you demand to be released. Our Atlantic County criminal defense attorneys might have to get help from a judge if the police refuse to cooperate or mistakenly believe that they have done nothing wrong.
When to Call an Attorney From Jail
No matter how long you have been held in jail, it is a good idea to call a lawyer for help as soon as possible. If you have been held because processing is taking a long time, you should still call a lawyer so they can try to prevent you from being held for too long.
Typically, after being arrested, you may be given the chance to contact an attorney before the police begin custodial interrogation. When the police read you your Miranda rights, they should explain your right to remain silent and to have a lawyer with you during questioning. Invoke these rights immediately.
You might have to wait for processing to be completed before you can call anyone, even if the police have few questions for you. As such, you might have to wait for a few hours before you can call an attorney for help.
What Happens After You Are Processed in Jail?
Processing can take time, but you must be prepared for what happens after.
The police may take you in for questioning about the alleged offense, and you might be caught off guard. The police are required by law to explain your Miranda rights, and you are allowed to refuse to answer any questions at all. If you choose to answer questions, you have a right to have a lawyer with you while you do it, so you do not accidentally incriminate yourself.
Depending on what the police learn during questioning, you might be formally charged or released from custody. If you are not released, your attorney can help you figure out why and what happens next.
Speak to Our Atlantic County Criminal Defense Attorneys Right Away
Get a private, free case analysis from our Brigantine, NJ criminal defense lawyers with the Law Offices of John J. Zarych by calling (609) 616-4956.
As a convicted felon, it’s fair to worry and wonder about the different rights you might lose or difficulties you might face. For example, with Real ID becoming a new requirement to fly domestically in the United States, felons may wonder whether they can obtain this identification despite their criminal records.
You can obtain a Real ID even if you are a convicted felon in New Jersey. That doesn’t mean getting a Real ID is easy for convicted felons, either. Felons may struggle to meet the criteria due to not having a permanent address, a valid driver’s license, or other required identifying materials for a Real ID application. Don’t let your history hinder your future, and know you can get a Real ID if you are a convicted felon.
For a free case assessment, call the Law Offices of John J. Zarych’s New Jersey criminal defense lawyers today at (609) 616-4956.
Can I Get a Real ID as a Felon in New Jersey?
Convicted felons lose certain rights when they go to prison. For example, most convicted felons may not own a gun in New Jersey. People also lose their right to vote after being convicted of a felony, although they may have it restored upon release.
Even if you are still on parole, you may be eligible to obtain a Real ID. That said, you may still be unable to use it to board domestic flights departing from New Jersey. Generally speaking, parole conditions require released felons to stay within the state, or even within a local area of New Jersey. So, while you may get a Real ID, you may not be able to use it right away as a convicted felon.
Being a convicted felon does not mean you lose your right to fly on a plane domestically, unless it violates your parole.
Can I Get a Real ID if I Am Being Charged with a Felony?
If you have an active criminal case pending, getting a Real ID could be challenging, but not necessarily impossible. If a warrant is outstanding for your arrest, attempting to obtain a Real ID is very risky.
You may be required to surrender your driver’s license or passport as a condition of your bail if you are currently facing felony charges in New Jersey. Without these forms of identification, you may be unable to prove your identity and get a Real ID.
If there are active warrants out for your arrest, you may also be unable to successfully get a Real ID. The New Jersey Motor Vehicle Commission (MVC) licensing center you visit to try to obtain a Real ID can check for active warrants and may notify law enforcement, potentially leading to your arrest.
Contact our New Jersey criminal defense attorney immediately if you are arrested after attempting to get a Real ID with an active warrant.
How Can Felons Get a Real ID in New Jersey?
While convicted felons may obtain Real IDs after they are released from prison, getting them is not always easy. You must provide numerous identifying documents, proof of address, and other information, which may be more challenging if you were recently released from prison.
Proof of Address
Securing housing isn’t always easy for convicted felons. Landlords who discover convictions on background checks might refuse rental applications, and prospective employers may do the same, making it harder for felons to afford or obtain safe housing.
You need two items that prove your residential address to get a Real ID. For most people, an easy proof of address is their driver’s license. If your license displays your previous address where you no longer live, it is not sufficient to get a Real ID. If you were in prison for several years, your driver’s license may no longer be valid. Some felons have their licenses revoked and may not use them to prove their identity and get a Real ID.
Proof of Social Security Number
All Real ID applicants are required to provide their Social Security number (SSN). If the MVC cannot verify your SSN, you must provide a Social Security card, W-2 from the past year, 1099 form from within the past year, or a pay stub with your name and full SSN. None of these things may be available to you as a recently released felon.
Proof of Identity
To get a Real ID in New Jersey, you must provide six points of identity verification documents. Some documents are worth more points than others, like unexpired U.S. passports, which are worth four points, and Social Security cards, which are worth one point.
These documents must sufficiently prove your identity and lawful status in the United States. Getting any of them is challenging for anyone, let alone felons who may have been in prison for years, potentially lost touch with family, or do not have easy access to many identifying documents.
Will Expungement Help Me Get a Real ID?
While being a convicted felon can make some aspects of obtaining a Real ID more challenging, it doesn’t make you ineligible for this identification card. That said, expunging your record may make it easier to secure housing, obtain proof of address, and even find employment, all of which can set you on the path to obtaining all the necessary documents to get a Real ID.
Many felony convictions in New Jersey can be expunged, except for those involving certain violent offenses. You may only have to wait five years after serving your sentence to apply for expungement, a process our attorneys can help you with.
When a felony is expunged from your criminal record, no one can see it, and you can start to move forward with your life.
Get Help with Your Case When You Call Our New Jersey Lawyers
Call the Law Offices of John J. Zarych at (609) 616-4956 to speak with our Ocean City, NJ criminal defense lawyers.
It is possible to board a plane and fly out of New Jersey if there is an open warrant for your arrest. While possible, it’s also inadvisable and could yield negative consequences during a future criminal trial.
The Transportation Security Administration (TSA) doesn’t routinely check passengers for open warrants. If law enforcement alerts local airlines that someone with an outstanding warrant may be flying, TSA agents may screen passengers more closely. If you fly to another state with an open warrant, you may be detained by law enforcement there and face extradition back to New Jersey. Contact our lawyers as soon as possible, and we can assist with your criminal case moving forward.
For a free and confidential case review from our New Jersey criminal defense lawyers, call the Law Offices of John J. Zarych now at (609) 616-4956.
Can You Fly with an Open Warrant in New Jersey?
While flying domestically with an open warrant for your arrest in New Jersey is not impossible, it is risky and could impact a future criminal case.
When you go to the airport to fly domestically, TSA agents typically don’t check for open warrants. If law enforcement is actively seeking you, they might call airports in New Jersey, prompting TSA agents to check passengers’ identification more closely.
The TSA focuses on ensuring passenger safety rather than enforcing criminal law. However, if agents become aware of an open warrant or are concerned about the safety of other passengers, they may alert law enforcement. Airports typically have a police presence on site, which is another factor to consider if you are flying with an open warrant in New Jersey.
If you fly internationally with an open warrant, a foreign country may refuse you entry and detain you at the border.
If there is a federal warrant for your arrest, the chances of you successfully boarding a plane out of New Jersey are very low.
Should You Fly with an Open Warrant in New Jersey?
Flying with an open warrant is extremely risky. There’s a high likelihood of arrest when you get to your destination, and boarding a plane with a warrant for your arrest might be used against you during a trial.
Even if you fly to a different state with an open warrant in New Jersey, law enforcement officials in that state may be notified of your presence. If a judge has granted officers a warrant to arrest you, officers will want to execute that warrant, often as soon as possible. They may quickly locate you in another state and alert law enforcement there, who may promptly detain you.
If your case goes to trial, the prosecution might try to use you flying with an open warrant as proof of your guilt. Let us provide the necessary context in these situations. If you have flown with an outstanding warrant and are facing criminal charges in New Jersey, please contact us.
You shouldn’t fly with an open warrant. If you know you are the subject of a police investigation, involve our lawyers as soon as possible. We can advocate for you before a warrant is issued for your arrest and after, protecting your rights and building your defense.
What Happens if You Are Arrested After Flying with an Open Warrant?
If you fly with an open warrant and get apprehended in a different state, call our lawyers immediately. Refuse to speak to law enforcement officers, and keep invoking your right to remain silent if they continue trying to talk to you.
Initial Arrest
Officers may detain you upon arrival in another state. Only speak to our lawyers while you are in custody. We can review the New Jersey warrant for your arrest and explain the charges the prosecution plans to bring against you. Tell us if officers in another state violated your rights and describe the conditions in which you were being held.
Extradition
When you are arrested in one state for an alleged offense in another, you must be extradited or returned to the state that is pressing criminal charges against you. When defendants waive extradition, meaning they don’t contest being taken back to New Jersey to face charges, the process can be relatively speedy. Without our lawyers, this process may take too long. If you are facing extradition to New Jersey from another state, please call us.
Questioning
Before and after you are extradited to New Jersey, law enforcement officers may want to question you. Do not submit to an interview without our New Jersey criminal defense lawyers, as we can prevent you from unintentionally incriminating yourself by misspeaking.
Should You Get a Lawyer if You Fly with an Open Warrant in New Jersey?
Whether or not you knew about an open warrant for your arrest before getting on a plane and flying out of New Jersey, call us if you are detained in another state. Tell us if you were unaware of the warrant. After all, you are not privy to ongoing police investigations and may not know about a warrant until you are arrested.
Our lawyers can explain this to the jury during your trial, especially if the prosecution tries to use this as evidence of guilt.
Our attorneys can represent you during extradition proceedings and all court appearances after you return to New Jersey. As we delve further into the reason for the warrant, we can gain a better understanding of the evidence law enforcement has and the case against you in general.
Charges do not always stick, especially if our lawyers successfully suppress evidence before the trial begins. The sooner you involve us to defend you, the better. So, call us right away if you were recently arrested after flying with an outstanding warrant.
For Help with Your Case, Call Our New Jersey Defense Attorneys
For a free case assessment from our Atlantic City, NJ criminal defense lawyers, call the Law Offices of John J. Zarych at (609) 616-4956.
Immediately after charges get pressed against your child, call us. New Jersey’s process for juvenile delinquency cases differs from its process for adult criminal trials, and we can explain what that means for your child’s case.
Parents can call and hire our lawyers for their children following an arrest. The sooner you do this, the better, especially if your child is being detained. We will provide in-depth explanations of the charges cited in the delinquent complaint and determine whether your child may be required to attend court, as some delinquency cases can be resolved without court hearings.
Get a free case assessment from the Law Offices of John J. Zarych when you call our New Jersey criminal defense lawyers at (609) 616-4956.
Who Should I Call if Someone Presses Charges Against My Child in New Jersey?
If a police report is filed against your child and they are subsequently arrested in New Jersey, you may be at a loss for what to do. Instead of panicking, call our lawyers, and we can advocate for your child.
You may get a criminal defense attorney for your minor child. Conversations between our lawyers and your child will remain confidential, however, unless they make you privy.
Don’t call anyone other than our lawyers if someone reports your child to the police and presses charges against them. Discussing your child’s arrest with anyone else might jeopardize their defense, so only discuss these matters with our lawyers.
If you are present when your child is arrested, advise them to stay silent and invoke their right to an attorney. Stress the importance of remaining quiet as much as possible. Then, call us immediately so that our Atlantic City criminal defense lawyers can quickly get up to speed on the situation.
What Should I Learn About the Charges Pressed Against My Child?
If someone presses charges against your child and a delinquent complaint is filed in New Jersey, we will explain all you need to know about those charges and the potential consequences they carry.
First, understand that your child’s case will likely be held in the family division of the New Jersey Superior Court, not the criminal division. You should also know that a judge decides a delinquent juvenile’s fate, not a jury.
If the judge decides your child violated the law, they will be an adjudicated delinquent, which is not the same thing as being convicted of a crime. Court records for juvenile proceedings are generally safeguarded; however, they are not automatically sealed from public access in New Jersey.
After we assess the charges, we will explain the likely consequences upon conviction so that you and your child fully appreciate the situation. Detention is possible for serious offenses, although it is generally not the first resort when it comes to addressing adjudicated delinquents.
Will My Child Go to Court if Someone Presses Charges Against Them in New Jersey?
Even if someone presses charges against your child and the police file a delinquent complaint against them, they may not go to court.
New Jersey offers several alternatives to resolving juvenile delinquency cases that do not require court involvement or a judge’s presence. Some cases are diverted to juvenile conference committees, court intake services conferences, and juvenile referees, which may yield compromises and conditions the complaining witness, you, and your child feel comfortable with.
Serious charges generally proceed straight to court hearings before judges, and your child’s case may go to court if they violate juvenile conference committee conditions.
We can anticipate whether or not your child’s case will go to court and be heard by a judge. Your child’s case will most likely stay in juvenile court, although they could be charged as an adult if the case meets certain criteria and the prosecution successfully makes motions to move the case to criminal court.
Going to court is stressful for adult defendants, let alone juveniles. We’re here to help you and your family navigate juvenile hearings and prepare for all possibilities.
What if the Accuser Drop Charges Against My Child in New Jersey?
While complaining witnesses cannot force prosecutors to drop charges, they can weaken cases by ceasing to cooperate with the investigation.
After all, even when the witness files a police report, it’s the prosecution’s decision whether or not to file charges. So, it follows that it’s also the prosecution’s decision whether or not to drop those charges.
We can motion to dismiss juvenile cases in New Jersey, especially if complaining witnesses no longer want to press charges. Without a complaining witness, there may be little to no evidence against your child, and the prosecution might drop the charges as a result.
What to Do to Expunge Charges from My Child’s Record in New Jersey
If someone pressed charges against your child and a judge found them delinquent, they may be eligible for expungement sooner than you think.
Generally speaking, adjudicated delinquents must wait three years to get their records expunged. During those three years, juveniles may not have been convicted of a crime or found delinquent again, or they may not qualify for expungement.
Your child may need to meet additional criteria to have their record expunged, and we can determine if they qualify in New Jersey. Juvenile records are typically inaccessible by employers, though there are other reasons your child may want to expunge a teenage mistake.
If you want your child to pursue expungement, call our lawyers. We can prepare the expungement petition and explain why that case no longer reflects who your child is. It may help your child’s self-confidence to file for expungement as soon as possible, so reach out to see if they qualify.
Call Our New Jersey Defense Attorneys for Help Today
Get a free case evaluation from the Law Offices of John J. Zarych by calling our Ocean City, NJ criminal defense lawyers at (609) 616-4956.
Forensic evidence involves applying scientific methods to criminal investigations. While the field of forensic science has been around for quite some time, it is constantly changing as technology advances. Today, forensic evidence often involves collecting and testing DNA, blood, hair, fingerprints, and other evidence.
Forensic evidence is often regarded as very powerful evidence, and it can be difficult to refute in court. However, forensic evidence is not perfect, and testing mishaps or contaminated samples may make the evidence untrustworthy. We can challenge forensic evidence if it is tainted or if testing procedures were not properly followed. Forensic evidence may not be relevant in your case, depending on the situation, but we should still be prepared.
Get a free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our New Jersey criminal defense attorneys.
What is Forensic Evidence?
Forensic evidence involves using scientific methods to collect and test evidence. While the field is more technologically sophisticated today, it is not exactly new. Even basic fingerprinting, which has been around for many years, is a part of forensic science.
Forensic evidence may encompass a broad spectrum of techniques, skills, and study. As mentioned, dusting for fingerprints and comparing those prints to a database is a form of forensic evidence. More advanced techniques may involve testing biological samples for DNA that might be matched to a suspect.
Forensic evidence is constantly changing and evolving. As scientific methods and technology improve, investigators may be more able to collect incriminating evidence. In the past, DNA evidence was somewhat shaky, as the skills and technology required were still in development. Today, the science has vastly improved, and DNA is regarded as some of the strongest evidence possible.
While forensic evidence can be difficult for defendants to refute, it is not infallible. If investigators do not use the correct methods or if evidence is damaged or tainted, the results may not be trustworthy.
How DNA Evidence May Affect Criminal Cases in New Jersey
Perhaps the most well-known form of forensic evidence is DNA.
DNA evidence has not been around nearly as long as people think. It has only been used in criminal investigations since about the late 1980s. Today, it is often considered the holy grail of evidence, as it can pinpoint one specific person as being at a crime scene.
However, DNA evidence is not as definitive as many believe. While it can be hard to refute when DNA testing is performed correctly, investigators can make mistakes. If a DNA sample is tainted with someone else’s DNA, which is common, our Ocean City, NJ criminal defense lawyers can argue that the results should not be trusted.
DNA evidence often makes headlines when it is applied to older cases from before the technology was available. While testing old DNA samples can provide new insight into old cases, it is not always conclusive. Old DNA samples may be too degraded to render accurate test results.
How Forensic Evidence is Collected
How investigators collect forensic evidence varies based on what kind of evidence is being collected and the testing that needs to be done.
If a victim fought off an attacker, they may have the attacker’s DNA under their fingernails or elsewhere on their body. In sexual assault cases, victims may be tested for other bodily fluids exchanged during sex.
Evidence might not always come from a person’s body. Instead, much evidence may be collected from clothing. Blood stains and hair samples stuck to clothes at a crime scene can be tested for DNA matches.
Fingerprinting is a classic example of forensic evidence still in use today. Additionally, investigators may apply forensic methods to the scene itself. Depending on the condition of the scene, they may determine whether a struggle occurred, the number of people involved, and whether weapons were used.
How to Challenge Forensic Evidence in a New Jersey Criminal Case
Forensic evidence is not perfect, and we might have good reason to challenge it in your case.
First, we should demand to know the chain of command. The chain of command is an official list of people who have had control over or access to the evidence. If evidence is checked out for testing for investigative purposes, it must be logged.
If anything is wrong in the chain of command, or the whereabouts of the evidence cannot be accounted for, we may have room to challenge it. It could have been tainted or even lost.
We should also challenge anything where forensic testing results are inconclusive. Evidence should be as close to definite as possible. Exactly what “inconclusive” means will depend on what kind of evidence is involved and how it is tested.
We should also question the techniques used in gathering and testing the evidence. If procedures were not followed, evidence might have been tainted, and testing might not be trustworthy.
Does Forensic Evidence Come Up in All Criminal Cases?
To a certain extent, forensic evidence is present in many cases, but not every case requires in-depth scientific testing.
Some forensic evidence is relatively low-tech. Just taking fingerprints is part of a forensic investigator’s job. If they cannot match the fingerprints to anyone, it is not good evidence and likely will not be used in court.
Many cases do not need forensic evidence because other, strong evidence is available. For example, a prosecutor may not need to match DNA evidence to the defendant if multiple witnesses and security camera footage can confirm that the defendant was present at the crime scene.
If forensic evidence does come up, it can be refuted. We must remind the jury that forensic evidence can seem impressive, but it is not perfect, and there may be room for reasonable doubt.
Contact Our New Jersey Criminal Defense Attorneys for Help Now
Get a free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our Atlantic City, NJ criminal defense attorneys.
Exercising your rights during a police interrogation can prevent you from self-incriminating and ensure police officers don’t abuse their power. We can advocate for and assert those rights during police questioning, so call us if you are arrested in New Jersey.
You have the right to remain silent, meaning you do not have to answer any questions from law enforcement during an interrogation. You also have the right to an attorney; therefore, tell the police that you want to call our lawyers immediately. We should be present during interrogations; otherwise, police might coerce you or otherwise violate your rights to get evidence. The remedy for violation is suppressing illegally obtained evidence, potentially leading to charges being dismissed.
For a free case assessment, call the New Jersey criminal defense attorneys of the Law Offices of John J. Zarych now at (609) 616-4956.
What Rights Do I Have in a Police Interrogation in New Jersey?
You have specific rights during a custodial interrogation, and invoking them can safeguard you after an arrest in New Jersey. These are known as your “Miranda rights” because of the Supreme Court’s decision in the landmark case Miranda v. Arizona.
The Right to Remain Silent
The Fifth Amendment gives you the right to not self-incriminate, so you don’t have to answer any questions or speak during a police interrogation. Our New Jersey criminal defense attorneys can answer questions on your behalf, ensuring you do not misspeak.
Exercising your right to remain silent is one of the best things you can do for yourself after an arrest and during an interrogation. To exercise this right, you first have to say it out loud. Although being arrested is shocking and upsetting for many, arguing with the police or having an emotional outburst might hurt you.
After an officer reads you your rights, they will ask whether or not you still want to speak to them. Invoke your right to remain silent out loud and refuse to engage in any further discussion, even if officers seem on your side.
The Right to Hire an Attorney
Everyone has the right to an attorney under the Sixth Amendment, and law enforcement officers must inform you of that right after an arrest and at the beginning of a custodial interrogation. While you have the right to an attorney, if you waive that right, police can continue questioning you. Any statements you make may be admissible since you were informed of your right to an attorney, but you kept speaking.
You also have the right for an attorney to be appointed to you. This would be a public defender, who may have many other responsibilities at the time in addition to your case. To best exercise your right to an attorney, call our skilled criminal defense lawyers if the police arrest you.
Do Officers Have to Read You Your Rights Before a Police Interrogation?
You are also entitled to be read your rights any time police question you while you are in custody. If law enforcement officers do not inform you of your right to remain silent or have an attorney, you may not know those rights exist.
Tell us what happened during the arrest, like if you recall the arresting officer telling you that you have the right to remain silent and warning you that if you don’t, anything you say might be used against you at trial.
When officers are done reading you your rights, they should ask whether or not you understand them and if you need them repeated. If you require further explanation and law enforcement officers fail to provide it, please let us know.
Not reading your Miranda rights accurately and completely is a big mistake on law enforcement’s part, so tell us what you can remember.
What if My Rights Are Violated During a Police Interrogation in New Jersey?
If your rights were violated during a police interrogation in New Jersey, call our lawyers right away. Any evidence officers obtained through violating your rights may be inadmissible in court, potentially destroying the prosecution’s case. Prevent these situations to the best of your ability by continuing to invoke your right to remain silent, even if officers keep pestering you.
Examples of violating your rights include refusing to let you contact our lawyers or failing to read you your Miranda rights. After initial rights violations, police officers might continue to overstep, such as by threatening you or using physical force to coerce a confession.
We can file motions to suppress coerced confessions or any other illegally obtained evidence. If inadmissible evidence from an illegal interrogation is most of the prosecution’s case, getting that evidence suppressed may be enough for the prosecution to drop the charges.
How Can I Protect My Rights During a Police Interrogation?
To protect yourself during a police interrogation or informal questioning, have our lawyers present. In addition to reminding you and law enforcement of your rights, we can also ensure you do not unintentionally self-incriminate or otherwise misspeak.
Our experience in the criminal justice system prepares us for formal interrogations with law enforcement. We can speak for you, answering or refusing to answer police officers’ questions. We can also learn more about the reason for the arrest and possible incoming charges at this time.
We can identify police conduct that violates your rights, like officers wrongfully detaining you.
You should consider protecting yourself and your rights, even during informal conversations with law enforcement officials. If law enforcement asks you to come in for questioning willingly, it may not seem like an official interrogation. Things can change quickly during police interviews, and we can pick up on shifts in attitudes from law enforcement or common tactics used to gather information.
Whether or not you’ve been read your rights, you can and should still invoke your right to remain silent.
Call Us for Help with Your New Jersey Criminal Defense
For a free case evaluation, call the Atlantic City, NJ criminal defense attorneys of the Law Offices of John J. Zarych today at (609) 616-4956.
Resisting arrest or eluding police officers carries consequences, which defendants may face in addition to penalties for other convictions. Contact us immediately so we can mitigate the consequences you experience and possibly help avoid them altogether.
Depending on the circumstances, consequences for resisting arrest may end in jail time or hefty fines. Resisting arrest can be charged as a disorderly persons offense or as a second-degree crime in New Jersey. Reducing the charges may also alleviate the consequences. To avoid convictions for all the charges you face, let our lawyers work on your defense. We can argue that you were defending yourself against excessive force, the officers did not identify themselves, or that the arrest was unlawful, so the charges against you should be dropped.
Call the Law Offices of John J. Zarych now at (609) 616-4956 for a free and confidential case assessment from our New Jersey criminal defense attorneys.
What Are the Potential Consequences of Resisting Arrest in New Jersey?
Resisting arrest can be charged in various ways in New Jersey, depending on specific circumstances. Consequences vary based on the severity of the charge and bring the risk of jail time, fines, and other penalties. These consequences may be in addition to any you face for the initial charges or reason for the arrest.
Disorderly Persons Offense
Purposely preventing or attempting to prevent a police officer from making an arrest is a disorderly persons offense, generally. There is a potential risk of up to six months in jail for disorderly persons offenses, along with fines of up to $1,000.
Fourth-Degree Crime
Fleeing to purposely prevent or attempt to prevent an arrest is a crime in the fourth degree. This is punishable by up to 18 months in prison and fines of up to $10,000.
Third-Degree Crime
Using or threatening violence or physical force against a police officer or someone else to avoid arrest is a crime in the third degree, as is doing anything else that creates a very high risk of injury to others.
The maximum penalty for a third-degree crime is five years in prison and fines that may not exceed $15,000.
Second-Degree Crime
Fleeing the police using a motor vehicle on land or a boat on the water is a crime in the second degree if the flight creates the risk of injury or death to someone else.
Defendants charged and convicted of this degree might also lose their driver’s license for between six months and two years. The possible prison sentence upon conviction is five to ten years, with fines of up to $150,000.
How Can I Avoid Consequences of a Resisting Arrest Conviction in New Jersey?
If you are charged with a disorderly persons offense, fourth, third, or second-degree crime, for resisting arrest in New Jersey, call our lawyers to mitigate or avoid the consequences.
Stop Talking to Police
If your arrest is hectic, and officers warn you they intend to charge you with eluding a police officer in addition to potential other charges, stop talking to them. Do not try to explain yourself, argue with the police, or point out that they were aggressive or otherwise acted inappropriately.
Start Talking to Our Lawyers
Instead of trying to explain yourself to the police, call our lawyers and tell us what happened. Charges for resisting arrest sometimes arise from complete miscommunications, which our Atlantic City criminal defense attorneys can help resolve. Tell us if police officers were physical or aggressive with you or if they did not properly identify themselves, and that is why you resisted.
Can I Get a Conviction for Resisting Arrest Expunged in New Jersey?
You may get your conviction expunged to avoid the long-term consequences of resisting arrest. Disorderly persons offenses are eligible for expungement within five years, sometimes within three.
That is the same waiting period to get a fourth or third-degree crime expunged. If you have multiple indictable offenses or felonies, you may not be able to get a third-degree conviction erased from your criminal record. Some convictions have higher standards to qualify for expungement.
You may only expunge up to three disorderly persons offenses, which is important to keep in mind moving forward.
Getting these and other convictions expunged removes them from your criminal record. That means charges and convictions won’t appear on background checks when you apply for a job or housing. With expungement, you can avoid the long-term consequences of having a criminal conviction.
What Are Defenses to Resisting Arrest in New Jersey?
Let us prepare your defense against charges for resisting arrest in New Jersey. While we do, we can also defend you against the other charges you may be facing, which led to your arrest in the first place.
Excessive Force
Tell us if police officers used excessive force when arresting you and if you were simply defending yourself. The medical evidence of physical injuries you sustained during the arrest, eyewitness statements, and other evidence may confirm your defense.
Unlawful Arrest
We may also show that the attempt to arrest you was unlawful itself. This would mean your rights were already violated and that there was no reason for officers to detain you. Examples of unlawful arrests include arresting someone without probable cause or a warrant.
Lack of Knowledge
If a police officer does not properly identify themselves to you, you may not immediately comprehend the situation. If a police officer is not in uniform, you are in a crowded or dark space, or other circumstances affect your reaction, tell us. We can explain where police officers went wrong and that you would not have resisted had you known they were law enforcement.
Call Our Criminal Defense Lawyers for Help in New Jersey
Call the Law Offices of John J. Zarych at (609) 616-4956 for help with your case from our Ocean City, NJ criminal defense attorneys.
