It is totally understandable to feel frightened and helpless in the immediate aftermath of an arrest, but it is also vital to know that there are steps you can take right away to protect your rights and give yourself the best chance at mitigating any damage already done.
Perhaps the most important thing you can do is to reach out to an experienced, local criminal defense lawyer as soon after your arrest as possible. We understand that you may be going through one of the worst times of your life, and we are here to guide you through the process, answer any questions you may have, and serve as your advocate as we work to reach the best possible resolution for you.
Please contact our criminal defense attorneys for a free, private case review by calling the Law Offices of John J. Zarych at (609) 616-4956.
What Do Our Collingswood, NJ Criminal Defense Lawyers Do?
A criminal case in Collingswood, NJ, can be lengthy and involve multiple stages and proceedings. Below, we explain the major events of a criminal case and how our skilled attorneys can help you at each one.
Pre-Arrest
Even before you have been arrested or charged with a crime, you should contact an experienced criminal defense attorney anytime the police try to question you or search your home or other property. If the police ask to speak with you, even if they say you are not a suspect and you are confident that you have done nothing wrong, you should always decline to do so until your attorney is present or has advised you it is okay to speak with them.
If they ask for your consent to search your property, politely decline. If they have a search warrant, you must let them in. However, our skilled attorneys for an illegal search and seizure can review the warrant and, if it is defective or the officers exceeded its scope, we can file a motion to exclude any evidence seized in the ensuing search from being used against you.
Post-Arrest
After your arrest, you will be transported to the local police station for booking. Within 48 hours of your booking, your initial appearance and detention hearing will be held. At your detention hearing, which used to be called a bail hearing, the judge will decide whether you can be released from jail while the case proceeds or if you must remain behind bars.
Since the virtual elimination of cash bail in the state, the judge makes the decision based on a series of holistic factors like your criminal record and ties to the local community, rather than on your ability to pay. As such, it is even more important to have an experienced bail hearing attorney who knows how to make the most persuasive arguments for your release.
Initial Appearance
At your initial appearance, which occurs at or around the same time as the detention hearing, the judge will read the charges against you and advise you of your rights. In disorderly persons cases, NJ’s version of misdemeanors, your arraignment, where you are asked to enter an initial plea of guilty or not guilty, also occurs at the first appearance.
Arraignment
For indictable offense cases, the arraignment will occur only after the prosecutor has taken their case before the grand jury and returned with an indictment. In either case, an experienced criminal attorney is likely to advise you to enter a not guilty plea. At the same time, they may collect all the evidence, file any necessary motions, and try to work out a deal with the prosecutor to have the charges downgraded or dismissed.
Pre-Trial Intervention and Plea Bargains
For some first-time criminal offenses in Collingswood, we may be able to secure a pre-trial intervention offer from the prosecutor, which, if completed successfully, results in the dismissal of your charges. Another possible deal involves the prosecutor downgrading the charges to a lesser offense in exchange for a guilty plea. If you do not wish to accept a deal, our battle-tested trial lawyers are always ready to fight for a not-guilty verdict in court.
Types of Cases Our Collingswood Criminal Defense Attorneys Handle
Given the depth and breadth of our team’s experience, few crimes in the NJ criminal code are beyond the scope of at least one of our criminal defense attorneys. However, the following are some of the most common charges we defend folks against. This list is far from exhaustive, and reaching out to us will allow us to assess the specifics of your case and provide the most accurate advice on your options.
- Assault
- DUI
- Theft
- Trespass
- Domestic Violence
- Sexual Crimes
- Homicide
- Robbery
- Theft
- Burglary
- Arson
- Disorderly Conduct
- Reckless Driving
- Fraud Crimes
How Can a Lawyer Help Me Fight Criminal Charges in Collingswood, NJ?
Your attorney is your primary legal resource throughout your criminal trial. They can help you craft the best possible defense while protecting your rights from the authorities.
Challenge Violations of Your Rights
It is not uncommon for the police to violate a defendant’s civil rights during their investigations. Perhaps the most common example is when the police seize evidence without a search warrant. They might seek to claim an exception to the warrant rule, but we may be able to demonstrate that no such exception exists. In that case, the illegally seized evidence may be excluded from the case and cannot be used against you.
If sufficient strong evidence is excluded because it was seized illegally, the prosecutor’s entire case could collapse, and they may be unable to meet their burden of proof.
Highlight the Lack of Evidence
Your attorney should be familiar with what kind of evidence is necessary for a prosecutor to meet their burden of proof and secure a conviction. A good lawyer may review the evidence against you and be able to determine that the prosecutor will likely not meet this burden. In that case, they can file a motion with the court to dismiss the charges for a lack of evidence. In some cases, judges agree, and the charges are dismissed.
Negotiate a Plea Deal
On the other hand, prosecutors might have overwhelming evidence against the defendant. Even so, this does not mean you do not deserve a defense. However, it might mean that a complete acquittal is not realistic. In such cases, defense attorneys can negotiate with prosecutors for a favorable plea deal. In that case, you could plead guilty to charges that have been reduced by the prosecutor, allowing you to serve a more lenient sentence.
FAQs About Criminal Charges and Trials in Collingswood, NJ
What Happens When a Person is Arrested for a Crime?
When someone is arrested for a criminal offense, police may arrest them at home, at work, or in public. If the police have a valid arrest warrant, you must go with them. They may want to ask you questions about the offense, but you do not have to tell them anything, and you may demand to have a lawyer with you during a custodial interrogation.
When is the Right Time to Call a Criminal Defense Attorney?
It is best to call a lawyer as soon as possible. If you are arrested, the police may allow you to call your lawyer after you are booked into custody. Even if you have not been arrested, you should contact a lawyer if you believe you are under investigation for a crime and could be arrested soon.
How Long Can the Police Detain Me After Arrest in Collingswood, NJ?
In New Jersey, once a suspect is arrested, they must be brought before a judge no later than 48 hours after arrest, at which time a prosecutor will decide whether to hold them for criminal charges. If you are held longer than 48 hours without seeing a judge or learning anything about possible charges, alert your attorney as soon as possible.
What Are My Rights When I am Arrested?
When you are arrested, you do not have to answer questions from the police about the alleged offense. You do not have to disclose anything other than details about your identity during the booking process. If you feel as though you were forced to talk about the alleged offense, tell your lawyer right away.
What Should I Do if the Police Search My House Without a Warrant?
Generally, the police need a search warrant or a valid exception to the warrant requirement to search your private property for evidence. If they do not have a warrant, they may claim an exception, but it is important that we make them prove the exception was valid. If it is not, we may challenge the seizure of the evidence as a violation of your rights.
How Should I Plead in a Criminal Case?
If you want to fight the charges, you should enter a plea of “not guilty” with the help of your lawyer. However, if you wish to accept a plea deal from the prosecutor, you may enter a plea of “guilty.” A plea deal usually involves a reduction in charges and penalties, but you should review the deal with your lawyer before accepting.
Do I Have to Have a Trial if I am Charged with a Crime in Collingswood, NJ?
Not necessarily. In some cases, the prosecutor’s evidence is so lacking that a defense attorney may convince the judge to dismiss the charges. In others, prosecutors might realize their case is too weak and choose to drop the charges. Still, you might accept a plea deal from the prosecutor, making a trial unnecessary.
What Happens if I am Found Guilty in a Criminal Trial?
If you are found guilty, your case is not over. First, we must proceed to the sentencing phase, where the judge will impose a sentence in accordance with the applicable sentencing guidelines. Next, we can file a direct appeal if we believe legal errors occurred during the trial that unfairly influenced the outcome. If our appeal is successful, you may be granted a second trial and a second chance to fight the charges.
How Do I File an Appeal After a Guilty Verdict?
A direct appeal must be filed within 45 days of when the final judgment on your case is formally entered. This is a tight deadline, and it is important to file the appeal promptly. Your lawyer may have the appeal ready to file in advance if they believe a guilty verdict is likely.
What Happens After an Appeal in a Criminal Case?
After an appeal, the appellate court may agree that legal errors occurred and reverse the judgment of the lower court. Your case may then be sent back to the trial court for a new trial, where the legal errors must be corrected. Alternatively, the appellate court might find no error and uphold the lower trial court’s judgment.
Contact Our Collingswood, NJ Criminal Defense Lawyers Today
For a free case evaluation, call our Atlantic City criminal defense lawyers with the Law Offices of John J. Zarych at (609) 616-4956 today.
