Criminal

ARRESTED

I WAS ARRESTED - WHAT CAN I EXPECT

After you have been arrested a document will be filed stating the charges against you (the defendant.)

Your first time you appear in court is called a “First Appearance.” No plea of guilty or not guilty should be taken.  The purpose is for the Judge to ensure that you have and know the complaints against you and know your rights.

An “arraignment” date will be set. During that time you enter a plea of guilty or not guilty.

A “Bail Review Hearing” date will be set during the arraignment.

A date would then be set for the “Pre-Trial” if you entered a not guilty plea. During the pre-trial date the Prosecutor may make an offer to you to settle your case. If you decided to retain an attorney they will take care of that portion for you and seek the best deal.

An attorney may be able to make all appearances without you being present. If either you or your attorney does not appear at the time of the arraignment, this could result in a “bench warrant.”

There may be pretrial conferences to discuss various motions.

The “Jury Trial” comes after if the case has not yet been resolved. In order for a jury trial to be waived, the defense and the prosecution have to agree. However, if it does have to go to trial then the case would then be presented to 12 jurors who will decide on the facts if the defendant is guilty or not guilty.

Lastly, if convicted, you would be “sentenced.” The sentencing time is to the judge’s discretion.

EXPUNGEMENTS

NEW JERSEY EXPUNGEMENTS - NJ Criminal Attorney

Expunge your record

Expungement (or expunction) is the isolation of a criminal record so it becomes not publicly available.  The main objective to expungementis to provide relief to those who deserve it.  Not everyone qualifies for Expungement of criminal records.

Expungement depends upon many different factors. Having a clean record is very important especially when trying to find a job. It can also affect decisions of professional licensing boards. Criminal record checks are required for many different jobs such as, nurses, volunteer sports coaches, day care center workers, persons seeking to be foster parents, or adopt children, applicants for a firearms permit, and persons applying for school positions, as well as many others. An expungement is a great way to start over and forget one’s past experiences. There are many different benefits to expungement. One of those benefits is that once the judge signs the Expungement order, the person whose criminal record has been expunged is relieved of any incident that happened.  Another benefit to expungementis the result of “isolation” of the records of conviction.  Therefore any searches that may be done of official government databases, such as the courts or the FBI, will come back as “No Record Found.”  For those seeking a new beginning, Expungement is a great way to start!