What Happens if You Are Arrested for a Non-Violent Crime in New Jersey

What Happens if You Are Arrested for a Non-Violent Crime in New Jersey

If you are arrested for a non-violent crime in New Jersey, the legal process will unfold in several stages, each affecting your rights, freedom, and future. Understanding what happens next can help you navigate this challenging experience.

Non-violent crimes can include offenses such as theft, drug possession, fraud, or vandalism. The severity of the charge can vary significantly based on the nature of the crime, leading to different consequences. Here’s an overview of what to expect if you find yourself in this situation.

1. Arrest and Booking

The process begins when law enforcement officials arrest you. During the arrest, you will be read your rights, which include the right to remain silent and the right to an attorney. After the arrest, you will be taken to the police station for booking. This involves recording your personal information, taking your fingerprints, and possibly taking photographs.

2. Initial Appearance

Your first court appearance, known as an initial appearance or arraignment, typically occurs within 48 hours of your arrest. During this hearing, you will be formally charged and can enter a plea (guilty, not guilty, or no contest). Depending on the specifics of your case, the judge may set bail or release you on your own recognizance.

3. Bail Considerations

Bail may or may not be required for non-violent crimes. If bail is set, you will need to pay it to be released from custody. If you cannot afford bail, you will remain in jail until your court date. The New Jersey criminal justice system seeks to rectify issues related to unreasonably high bail amounts, allowing for a fairer process.

4. Pre-Trial Process

After your arraignment, your case will enter the pre-trial phase. This stage involves discovery, where both the prosecution and defense exchange evidence. Your attorney will work to build a strong defense by reviewing police reports, witness statements, and any other relevant material.

5. Potential Outcomes

Several outcomes are possible at this stage:

  • Plea Bargain: Many defendants opt for a plea bargain, where they agree to plead guilty to a lesser charge in exchange for a reduced sentence.
  • Trial: If a plea bargain isn’t reached, your case may go to trial. This could involve jury selection and presentation of evidence.
  • Dismissal: It’s possible for the court to dismiss the charges if evidence is lacking or procedural errors occurred during your arrest.

6. Sentencing

If you are found guilty, sentencing follows. Non-violent crimes in New Jersey can lead to various penalties, including fines, probation, community service, or imprisonment, depending on the severity of the offense. Non-violent offenders may have options for alternative sentencing programs, which can help avoid a jail sentence.

7. Impact on Your Record

A conviction for a non-violent crime can have long-term implications on your criminal record, affecting employment opportunities, housing applications, and more. New Jersey offers some relief through expungement, where eligible individuals can have their records erased after a certain period.

Conclusion

Facing an arrest for a non-violent crime in New Jersey can be a stressful experience. Understanding the legal process can help mitigate anxiety and prepare you for the steps ahead. Always consult with a qualified attorney who can offer tailored guidance based on your specific situation.