Criminal defense lawyers

New Jersey Criminal Defense Lawyer & Post-Conviction Relief FAQ

These questions come straight from real conversations — the things clients, families, and defendants actually ask when they’re scared, uncertain, or just trying to make sense of the process.

First Contact with Police

1. What should I do if police show up at my house but don’t have a warrant?
   Stay calm and don’t let them in unless they show a valid warrant. Ask to see it through the door or window. If they insist, say clearly that you don’t consent to a search. Then call a criminal defense lawyer immediately.
2. Can I legally record police during an arrest in New Jersey?
   Yes, New Jersey allows recording of public officials performing duties in public. Just don’t interfere or obstruct their work while filming.
3. Do I have to let police search my phone if I’m arrested?
   No. Without a warrant, they can’t search your phone or force you to unlock it. Politely refuse until your lawyer is present.
4. How should I handle myself if detectives ask me to “come in and talk”?
   Never go alone. It’s a setup for questioning, not a friendly chat. Have your criminal defense lawyer schedule and attend any meeting.
5. What’s the difference between being detained and being arrested?
   Detained means you’re not free to leave but haven’t been formally charged. Arrested means charges are in motion. Both situations require silence and legal counsel.
6. Can police lie to me during questioning?
   Yes — they can legally use deception to get a confession. That’s why you should never speak without a criminal defense lawyer.
7. What happens if I accidentally say something incriminating before asking for a lawyer?
   Your criminal defense lawyer may still suppress those statements if your rights were violated or the questioning was improper.
8. How can I tell if I’m actually under investigation before charges are filed?
   If police or detectives start asking others about you, contact an attorney. Criminal defense lawyers can discreetly confirm whether an investigation exists.
9. If my friend or family member is being questioned, can I intervene or get them a lawyer?
   Yes. Anyone can retain a criminal defense lawyer on another’s behalf. Once the lawyer appears, questioning must stop.
10. Is it better to cooperate early or wait until I have representation?
    Always wait. Cooperation without strategy often makes a case harder to defend later.

Arrest, Charges, and Court Process

11. How soon after arrest will I see a judge in New Jersey?
    Typically within 48 hours for a first appearance. Detention hearings usually follow shortly after.
12. What does it mean to be charged by “complaint warrant” versus “summons”?
    A complaint-summons lets you remain free pending court. A complaint-warrant allows pretrial detention.
13. How is bail or pretrial detention decided under the New Jersey Bail Reform Act?
    Judges use a risk-assessment score and arguments from both sides. Your criminal defense lawyer can fight for release by showing strong community ties.
14. Can I be released if I have a prior record but strong community ties?
    Yes — judges consider employment, family, and stability, not just prior history.
15. What’s the difference between a disorderly persons offense and an indictable offense?
    Disorderly persons offenses are like misdemeanors; indictable offenses are felonies tried in Superior Court.
16. Who decides whether my case goes before a grand jury?
    The prosecutor’s office presents evidence to the grand jury, which decides whether to indict.
17. Can I be charged in both municipal and Superior Court for the same incident?
    Sometimes, yes — if separate offenses fall under different jurisdictions. A criminal defense lawyer can seek consolidation.
18. How long does it usually take to get to trial in New Jersey?
    It varies, but 6–12 months is typical. Complex cases take longer.
19. What happens if I miss a court date or hearing?
    A bench warrant will issue. Contact your criminal defense lawyer immediately to fix it before you’re arrested again.
20. How do I check the status of my case online?
    Visit the New Jersey Courts Criminal Division website and search by docket or complaint number.

Evidence and Investigation

21. How can my criminal defense lawyer get access to police bodycam footage?
    Through discovery. Defense counsel can demand all recordings, including police-worn cameras.
22. What if evidence was collected without a warrant—can that get my case dismissed?
    Yes. Unlawful searches often lead to suppression of evidence and sometimes full dismissal.
23. Can the State use social media messages or deleted texts against me?
    Yes, if legally obtained. Never discuss your case online or through apps.
24. What if a confidential informant set me up—can that be exposed in court?
    Yes. Your criminal defenser lawyer can request disclosure or cross-examine under strict conditions.
25. Are police required to turn over everything they find, even if it helps me?
    Yes. They must disclose exculpatory evidence under Brady v. Maryland.
26. What happens if a lab test or report in my case has errors?
    It can undermine the State’s entire case. Your criminal defense lawyer may call an expert to challenge the results.
27. Can surveillance footage from businesses be subpoenaed by the defense?
    Yes, if it’s relevant and still available. Early preservation is crucial.
28. How long does the State have to share discovery in a criminal case?
    The State must provide discovery within reasonable time after indictment—usually within 20 days.
29. What’s considered “exculpatory evidence”?
    Any evidence that tends to show innocence, reduce punishment, or impeach a witness.
30. How do private investigators fit into a defense strategy?
    They help uncover facts the police overlooked — witnesses, timelines, or inconsistencies that build reasonable doubt.

Plea Negotiations and Sentencing

31. What’s the difference between a plea offer and a plea agreement?
    An offer is what the prosecutor proposes; an agreement is what you formally accept in court.
32. Should I ever take the first plea the prosecutor offers?
    Rarely. Strong negotiation or pre-trial motions often improve the outcome.
33. Can I back out of a plea deal if I change my mind later?
    Sometimes under specific conditions.
34. How do judges decide on sentencing if there’s no plea deal?
    They weigh aggravating and mitigating factors, including prior record and victim impact.
35. What’s a Graves Act waiver, and how can it affect a gun case?
    It allows a judge to reduce or avoid mandatory prison time under New Jersey’s firearm law.
36. How do New Jersey’s sentencing guidelines compare to federal ones?
    State guidelines are more flexible; federal sentencing is heavily structured.
37. What’s NERA and how does it affect violent crime sentences?
    The No Early Release Act requires offenders to serve 85% of certain violent sentences before parole.
38. Can I get probation instead of jail for a second offense?
    It depends on the offense type and your criminal record. Judges have discretion in many cases.
39. How does restitution work—who decides the amount?
    Judges set restitution based on verified losses provided by the prosecution.
40. What factors can convince a judge to go below the guideline range?
    Lack of prior record, remorse, cooperation, or evidence of rehabilitation.

Special Case Situations

41. What happens if my co-defendant blames everything on me?
    Your criminal defense lawyer can file to sever trials or challenge the credibility of that statement.
42. Can I be charged for a crime just because I was in the same car or apartment?
    Not unless the State proves knowledge and control. Presence alone isn’t guilt.
43. How can my criminal defense lawyer handle a case if a key witness disappears?
    Motions to exclude prior statements or dismiss charges may follow.
44. Can juvenile charges follow me into adulthood?
    Only under rare circumstances; most juvenile records are sealed.
45. What happens if my probation officer violates me unfairly?
    You’re entitled to a violation hearing with full due process rights.
46. Can a plea in municipal court affect immigration status or professional licenses?
    Yes. Even minor pleas can carry collateral consequences.
47. How do domestic violence charges impact child custody cases?
    They can severely affect custody. Criminal defense counsel coordination with family counsel is critical.
48. Can a college student face both criminal charges and a Title IX investigation for the same event?
    Yes — the two systems are separate, and findings in one can influence the other.
49. How do New Jersey and Pennsylvania handle expungements differently?
    New Jersey’s process is more streamlined, while Pennsylvania’s often requires petitions per case.
50. What if I’m innocent but the evidence looks bad—how do you win those cases?
    By attacking credibility, exposing inconsistencies, and forcing the State to prove every element beyond doubt.

Post-Conviction Relief (PCR)

51. What exactly is Post-Conviction Relief (PCR) in New Jersey, and how is it different from an appeal?
    An appeal challenges legal errors by the court; PCR challenges mistakes by your defense lawyer or new facts that weren’t available at trial.
52. How long do I have to file for PCR after being sentenced in New Jersey?
    Generally five years from sentencing, though exceptions exist for good cause.
53. Can I file for PCR if I already appealed my case and lost?
    Yes. PCR is separate from a direct appeal and raises different issues.
54. What if my previous lawyer didn’t tell me about PCR deadlines?
    That omission itself may qualify as ineffective assistance of counsel.
55. What are the most common reasons a PCR petition gets granted?
    Ineffective counsel, new evidence, or constitutional violations that undermined the verdict.
56. Can PCR be used to challenge an old conviction that’s already been expunged?
    Generally no, since expungement erases the record—but some collateral consequences may justify review.
57. Do I have to be in custody to file for Post-Conviction Relief?
    No. Anyone affected by a conviction may petition if they face continuing legal consequences.
58. How many times can I file for PCR in New Jersey?
    Only once by right; subsequent filings need court permission and exceptional reasons.
59. What’s the difference between a PCR petition and a habeas corpus filing?
    PCR is state-level relief; habeas corpus is a federal remedy after state options are exhausted.
60. Can I request a new sentence instead of a new trial through PCR?
    Yes. Courts can modify sentences if the issue only affects punishment, not guilt.
61. What does it mean to claim “ineffective assistance of counsel”?
    You’re asserting your attorney’s performance was so poor it violated your constitutional right to a fair trial.
62. Can I file PCR if my attorney failed to call a key witness or present exculpatory evidence?
    Yes — that’s one of the strongest PCR arguments if it could’ve changed the outcome.
63. What if my attorney didn’t file a motion to suppress illegally obtained evidence?
    That failure may qualify as ineffective assistance.
64. How does newly discovered evidence factor into a PCR claim?
    If the evidence wasn’t available at trial and could have altered the verdict, it’s grounds for relief.
65. Can PCR fix sentencing errors or miscalculations by the judge?
    Yes, if they stem from constitutional or procedural mistakes.
66. What if my criminal defense lawyer pressured me to take a plea I didn’t understand?
    That’s a valid PCR issue — coercion or poor advice can void a plea.
67. Is a violation of my constitutional rights during trial grounds for PCR?
    Yes, especially if those violations weren’t raised earlier.
68. Can PCR address racial bias or discrimination that occurred during prosecution or sentencing?
    Yes. Bias undermines due process and equal protection under law.
69. What if the prosecution withheld evidence that could’ve helped me — is that Brady material under PCR?
    Yes. Suppressed exculpatory evidence can justify reversal or retrial.
70. Can bad advice on immigration consequences be a valid PCR claim?
    Absolutely — courts recognize that as ineffective assistance.
71. What happens after I file a PCR petition — is there a hearing automatically?
    Not always. Judges first review the petition to decide if a hearing is needed.
72. How long does it take to get a PCR decision in New Jersey?
    Anywhere from several months to over a year, depending on the case’s complexity.
73. Can I testify at my own PCR hearing?
    Yes, especially when credibility or factual disputes are central.
74. What kind of evidence or documentation should be included in a PCR petition?
    Affidavits, transcripts, expert reports, or any materials proving the original defense was flawed.
75. What happens if the court denies my PCR petition — can I appeal that decision?
    Yes, you can appeal to the Appellate Division and, if necessary, seek certification from the New Jersey Supreme Court.