Need Lawyer for Arraignment in New Jersey
First Appearance in Municipal Court
The arraignment hearing in Municipal Court is known as the “first appearance.” During the arraignment, the presiding judge will inform the defendant of the charges against him or her, as well as the potential penalties associated with a conviction. In addition, the judge will enter a plea of “guilty” or “not guilty” on behalf of the defendant. In the majority of cases, the judge will enter plea of “not guilty” and schedule the next date upon which the case will be heard.
Arraignment in Superior Court – After Indictment by the Grand Jury
In Superior Court in New Jersey, the arraignment hearing follows the issuing of an indictment. In order to obtain an indictment against a particular defendant, the State must present its case to a grand jury and establish sufficient probable cause to convince the grand jury to issue said indictment. It is important to note that an indictment can only be obtained in Superior Court in relation to felony-level charges. A crime of the first, second, third, or fourth degree is considered a felony under New Jersey law, while a disorderly persons offense is comparable to a misdemeanor. As such, charges for disorderly persons offenses are not presented to a grand jury and are fully adjudicated in Municipal Court.
Once a grand jury issues an indictment against a defendant, he or she is summoned to appear in Superior Court for the arraignment hearing. Similar to the procedure of a Municipal Court arraignment, the presiding Superior Court judge will inform the defendant of the charges against him or her and the potential penalties, subsequently entering a plea of “guilty” or “not guilty.” Another common component of a Superior Court arraignment involves what is known as the discovery package. In essence, the discovery package includes all of the State’s evidence against the defendant with regard to the specific case. The prosecution will generally provide defense counsel with discovery at the arraignment hearing, at which time the judge will sign an arraignment order documenting the discovery exchanged, as well as the components of the discovery package that have yet to be provided to either party. The judge will then designate a specific time frame within which all discovery must be provided.
The prosecutor may propose a plea agreement for the defense’s consideration at the arraignment hearing and the defendant also has the opportunity to apply for entry into a diversionary program, such as the Pre-Trial Intervention Program, at this time. Upon conclusion of this stage in the process of a criminal case, the judge will determine a date for the status conference, during which the parties return to court and discuss any potential plea agreements.
Need Criminal Lawyer for an Arraignment in New Jersey? Call Us
If you or someone you love has been charged with a criminal offense to be heard in municipal or superior court in New Jersey, contact the Tormey Law Firm, LLC today to consult with Mr. Tormey about your case: (201)-556-1570. With an experienced criminal defense attorney serving on your behalf, you can position yourself to ensure the best possible result.
