Being arrested can be one of the scariest experiences of a person’s entire life. Especially if you have no prior experience with the criminal justice system and law enforcement, you may feel helpless in the immediate aftermath. However, it is vital that you know your rights, how to stand up for them, and the most important steps you can take to protect yourself.
One of the first things you or a loved one will need to do after your arrest is to reach out to a skilled, local criminal defense attorney as quickly as possible. We can review and explain your charges, represent you during your arraignment and any plea bargain negotiations, and build and present a strong defense if the charges go to trial in Gloucester City.
For a free case review from the Law Offices of John J. Zarych, call our criminal defense lawyers today at (609) 616-4956.
Common Charges Our Gloucester Criminal Defense Attorneys Handle
Our attorneys have a wide and diverse background and experience defending clients against charges for the following offenses in the Gloucester City, NJ area:
- Disorderly Conduct
- DUI
- Drug Possession or Distribution
- Assault
- Domestic Violence
- Homicide
- Reckless Driving
- Theft
- Burglary
- Fraud Crimes
When Should I Hire a Lawyer for Criminal Charges in Gloucester City, NJ?
Sometimes, for minor crimes and infractions such as disorderly conduct, the police may simply issue you a citation and let you go on your way. However, you should act on this immediately by contacting our skilled criminal defense attorneys as soon as you receive the citation. We can reach out to the prosecutor and may get the entire matter resolved in a single appearance. If you brush the citation aside and end up forgetting about your court date, you could end up with a bench warrant issued for your arrest.
Of course, anytime you are arrested, you or a loved one will want to reach out to a knowledgeable criminal defense attorney as soon after the arrest as possible. This is important first and foremost because your initial appearance and bail hearing, two very important events of your case, will occur within 48 hours of your arrest and booking, and we will need time to prepare to appear with you.
You also want an attorney by your side for any questioning the police may try to conduct. You should exercise your right to remain silent if the police ask you questions until and unless an experienced criminal defense attorney tells you otherwise.
Major Stages in the Legal Process for a Gloucester City Criminal Case
Unfortunately, most cases take multiple steps and appearances before they are resolved. Below, we explain the major events of the criminal justice process and how our criminal defense attorneys can assist at each stage.
Arraignment and Detention Hearing
Within 28 hours of your arrest, your detention hearing and initial appearance will be held, usually at the same time. At your initial appearance, the judge will read the charges against you and advise you of your rights in a criminal case. In disorderly persons offense cases, your arraignment, where you enter an initial plea of guilty or not guilty, will also occur at the initial appearance. In indictable offense cases, the arraignment will be held at a separate appearance after a grand jury has returned an indictment. In either case, our lawyers will likely advise you to plead not guilty while we assess the strength of the case and attempt to negotiate a deal with the prosecutor.
At your detention hearing, previously known as a bail hearing, the judge will decide whether you can be released from detention or if you must be held in jail until your case is resolved. Since the virtual elimination of cash bail in New Jersey in 2017, this decision is based on a series of factors assessed by the judge, including your criminal history and flight risk. Our skilled bail hearing attorneys know how to make the most persuasive arguments for your release.
Pre-Trial and Plea Bargaining
After getting you out of jail, we will request any outstanding discovery and file any necessary motions, like a motion to exclude evidence obtained as a result of an illegal search and seizure. We will also try to reach a deal with the prosecutor to have your charges dismissed or downgraded to a lesser offense.
For some first-time offenders, we may be able to get the prosecutor to allow you into a pre-trial intervention program, where your charges will be dismissed if you complete the program successfully.
Trial
If you do not wish to accept a deal and the prosecutor is unwilling to drop the charges, our skilled trial attorneys are always ready to fight for a not-guilty verdict in court. For disorderly persons cases, your trial will be in municipal court, and it will be a bench trial before a judge. For indictable offense cases, the trial will be in the superior court, and you will have the right to a trial by a jury of your peers who must unanimously vote to convict you.
Why Do Criminal Charges Get Dropped or Dismissed in Gloucester City, NJ?
Not all criminal charges get to trial, and some cases are even dismissed during a trial because of procedural errors, constitutional rights violations, and other missteps by the police and prosecution.
Insufficient Evidence
The prosecution may drop the charges, or the judge may dismiss them, if there is insufficient evidence to suggest that the defendant was at all involved in the commission of the crime, let alone primarily responsible.
Constitutional Rights Violations
Judges also routinely dismiss charges when investigators violate defendants’ constitutional rights. Coerced confessions and illegally obtained physical evidence can be thrown out, leaving the prosecutor with almost no choice but to drop the charges and possibly refile if they find more admissible evidence.
Procedural Errors
Procedural errors on law enforcement’s behalf or the court’s, such as chain-of-custody evidence issues or improper jury instructions, are another common reason why charges do not go to trial in Gloucester City.
Criminal Defense FAQs
How Do You Build a Criminal Defense?
We build defenses for those facing charges by having in-depth conversations, asking about and confirming alibis, and investigating the matter further. The specific defense we use will depend on the particulars of your case and whether you were acting in self-defense or under duress.
What if You Do Not Have a Good Defense?
If the prosecution’s case is too strong and you do not have an alibi or other defense we can use, our attorneys may negotiate a plea agreement on your behalf. Do not accept a plea deal unless the charges are reduced. The judge does not have to honor whatever promises the prosecution made to you about prison time, and can punish you with the maximum prison sentence for your charges you pled guilty to.
Do You Have to Get a Lawyer When Facing Criminal Charges?
Not getting a lawyer and representing yourself or accepting the first, most likely bad, plea deal from the prosecution leaves you vulnerable as a criminal defendant, so do not enter your trial without an experienced attorney by your side who can advocate for you.
How Can You Help Your Criminal Defense in Gloucester City?
You can help your criminal defense by getting an attorney immediately and not speaking to the police under any circumstances. Statements you make might be used against you, so help your defense by staying quiet.
Can a Criminal Defense Lawyer Get a Conviction Expunged?
We may be able to get prior convictions expunged from your criminal record if enough time has passed. Convictions for violent offenses and sex crimes are not expungable and remain on your record indefinitely.
Does Your Criminal Defense Lawyer Have to Prove Anything?
When defendants present an affirmative defense, such as self-defense, defense of others, or entrapment, the burden shifts to them to prove their very of events. If you are not using an affirmative defense, all our lawyers must do is stop the prosecution from meeting their burden of proof and convincing the jury of your guilt beyond a reasonable doubt.
Our Gloucester City Criminal Defense Attorneys Can Help
For a free case assessment from our Atlantic City criminal defense lawyer, call the Law Offices of John J. Zarych at (609) 616-4956 today.
