Areas of Criminal Defense Practice at the Tormey Law Firm
- Drug Charges — Possession, distribution, intent to distribute, prescription drug offenses, and drug paraphernalia charges under N.J.S.A. 2C:35
- DWI and DUI Defense — First, second, and third offense DWI, refusal charges, underage DWI, and CDL DWI cases
- Assault Offenses — Simple assault, aggravated assault, assault by auto, and assault on a law enforcement officer
- Weapons and Gun Charges — Unlawful possession of a weapon, certain persons offenses, Graves Act cases, and concealed carry violations
- Theft and Shoplifting — Shoplifting, burglary, robbery, receiving stolen property, and credit card fraud
- Domestic Violence — Restraining order defense, contempt of restraining order, and underlying criminal charges arising from domestic incidents
- Sex Crimes — Sexual assault, criminal sexual contact, lewdness, and Megan’s Law cases
- Juvenile Offenses — Defense of minors charged with delinquency in family court
- White Collar Crimes — Fraud, embezzlement, identity theft, and computer-related offenses
- Traffic Offenses — Reckless driving, leaving the scene of an accident, eluding, and driving while suspended
Understanding the New Jersey Criminal Charge Classification System
New Jersey classifies criminal offenses differently from most other states. Rather than using “felony” and “misdemeanor” labels, New Jersey divides offenses into indictable crimes (handled in Superior Court) and disorderly persons offenses (handled in municipal court). Knowing which category your charge falls under is critical because the consequences differ dramatically.
| Charge Category | Maximum Prison Term | Maximum Fine | Court |
|---|---|---|---|
| First-degree crime | 10 to 20 years | $200,000 | Superior Court |
| Second-degree crime | 5 to 10 years | $150,000 | Superior Court |
| Third-degree crime | 3 to 5 years | $15,000 | Superior Court |
| Fourth-degree crime | Up to 18 months | $10,000 | Superior Court |
| Disorderly persons offense | Up to 6 months (county jail) | $1,000 | Municipal Court |
| Petty disorderly persons offense | Up to 30 days (county jail) | $500 | Municipal Court |
Note: Penalty figures should be confirmed before relying on them for any specific case. First and second-degree crimes carry a presumption of incarceration, while certain charges (such as Graves Act gun offenses) carry mandatory minimum sentences.
What Happens After You Are Arrested in New Jersey
The hours and days following a criminal arrest in New Jersey are some of the most critical in the entire process. Decisions made during this window — including statements to police, bail arguments, and the choice of attorney — can shape the trajectory of your case. For a complete overview, see our guide on the stages of a criminal case in New Jersey. Here is what typically happens:
- Arrest and processing — You will be taken to the local police station for fingerprinting, photographing, and booking. You may be released on a complaint-summons or held for a detention hearing.
- First appearance — Within 48 hours of arrest (for those held in custody), you will appear before a judge to address detention status and conditions of release.
- Pretrial Services Risk Assessment — Under New Jersey’s bail reform law, the court uses a Public Safety Assessment to determine whether to release you, impose conditions, or seek detention. See our article on ways to secure pretrial release from jail in NJ.
- Detention hearing — If the prosecutor files a motion for pretrial detention, a hearing is held within three to five business days where your attorney can argue for release. Adverse rulings may be subject to pretrial detention appeals.
- Pre-indictment conference — For indictable charges, the case is reviewed for possible resolution before a grand jury indictment.
- Grand jury proceedings — If no resolution is reached, the case proceeds to a grand jury, which decides whether there is probable cause to indict.
- Arraignment and discovery — Once indicted, you are formally arraigned and your attorney begins reviewing the State’s evidence.
- Pretrial motions and trial — Your attorney files motions to suppress evidence, dismiss charges, or address other issues. If unresolved, the case proceeds to trial.
Why Choosing the Right Criminal Defense Attorney Matters
The attorney you select after a criminal arrest will have a direct impact on the outcome of your case. New Jersey criminal law is technical, fact-intensive, and constantly evolving through new statutes and appellate decisions. For more on this topic, see our guide on what makes the best NJ criminal defense attorneys. The right defense lawyer brings:
- Substantive criminal law knowledge — Understanding of the elements of each offense, available defenses, and recent case law that may apply to your situation
- Procedural skill — Familiarity with the New Jersey Court Rules, evidentiary rules, and pre-trial motion practice
- Local court experience — Working relationships with prosecutors, judges, and court staff in the specific county or municipal court where your case is pending
- Investigative resources — Access to investigators, expert witnesses, and forensic analysts when needed
- Trial readiness — Willingness and ability to take cases to trial when a favorable resolution cannot be reached
- Clear communication — Honest assessment of strengths and weaknesses, regular case updates, and realistic outcome expectations
One member of the Tormey Law Firm team is a former prosecutor, which gives the firm valuable insight into how the State approaches criminal cases. This experience helps us anticipate prosecution strategies and identify weaknesses in the State’s evidence early in the process. See our victories in court for examples of past case results.
Counties and Courts We Serve in New Jersey
The Tormey Law Firm represents clients in criminal matters throughout New Jersey, including municipal courts, county Superior Court vicinages, and federal district court when necessary. We regularly appear in courts across the following counties:
- Bergen County — Hackensack Superior Court and municipal courts in Fort Lee, Englewood, Paramus, and beyond
- Morris County — Morristown Superior Court and municipal courts throughout the county
- Hudson County — Jersey City Superior Court and municipal courts in Hoboken, Jersey City, Union City, and Bayonne
- Essex County — Newark Superior Court and surrounding municipal courts
- Passaic County — Paterson Superior Court and municipal courts including Clifton, Wayne, and Passaic
- Union County — Elizabeth Superior Court and municipal courts countywide
- Middlesex County — New Brunswick Superior Court and surrounding municipal venues
- Hunterdon and Somerset Counties — Flemington and Somerville Superior Courts
Our firm maintains multiple office locations across New Jersey for client convenience.
Frequently Asked Questions About New Jersey Criminal Defense
What is the difference between a criminal charge and a traffic ticket in New Jersey?
Criminal charges (indictable crimes and disorderly persons offenses) appear on your criminal record and can result in jail time, while most traffic offenses result only in fines and motor vehicle penalty points. Some serious traffic offenses, however, such as DWI, reckless driving causing injury, and leaving the scene of an accident with injury, carry criminal-level consequences and require the same level of defense attention as a criminal charge.
Will a criminal charge always show up on my record?
An arrest creates an arrest record regardless of the outcome. If charges are dismissed, you may be eligible to expunge the arrest record relatively quickly. If you are convicted, the conviction will remain on your record until you become eligible for expungement, which depends on the offense and the time elapsed since completion of your sentence. New Jersey’s “clean slate” expungement law has expanded eligibility in recent years.
Do I have to talk to the police if I am arrested?
No. You have the constitutional right to remain silent under the Fifth Amendment, and you should exercise that right. Politely inform the officer that you wish to speak with an attorney before answering any questions. Statements made to police, even those that seem harmless, are frequently used against defendants at trial. See our article on what happens if the police didn’t read your rights.
What is the Pretrial Intervention (PTI) program?
Pretrial Intervention is a diversionary program available to certain first-time, non-violent offenders charged with indictable crimes. Successful completion of PTI results in dismissal of the charges without a conviction. Eligibility depends on the nature of the offense, the defendant’s record, and a recommendation from the prosecutor and PTI staff. Other diversionary options include conditional discharge, conditional dismissal, and the veterans diversion program.
Can my criminal charge be reduced to a lesser offense?
In many criminal cases (other than DWI), the prosecutor has discretion to amend or reduce charges based on the strength of the evidence and mitigating circumstances. An experienced defense attorney can negotiate for charge reductions through plea bargaining, particularly when there are weaknesses in the State’s case or when diversionary programs are available.
How long does a criminal case take to resolve in New Jersey?
The timeline varies significantly based on the charge category and complexity of the case. Disorderly persons offenses in municipal court often resolve within 60 to 120 days, while indictable cases in Superior Court can take 6 to 18 months or longer to reach final resolution. Cases that proceed to trial typically take longer than those resolved through plea agreement or PTI.
What is the difference between simple assault and aggravated assault in New Jersey?
Simple assault under N.J.S.A. 2C:12-1(a) is a disorderly persons offense involving minor injury or attempted injury. Aggravated assault under N.J.S.A. 2C:12-1(b) is an indictable crime that involves serious bodily injury, use of a deadly weapon, assault on a protected class of victim (such as police officers), or other aggravating factors. For a side-by-side comparison, see our article on simple assault vs. aggravated assault.
Will I have to testify at my own trial?
No. Defendants have a Fifth Amendment right not to testify, and the jury is instructed not to draw any negative inference from that decision. Whether to testify is a strategic decision that you and your attorney will discuss carefully based on the facts of your case and the strength of the State’s evidence.
Can a felony conviction be expunged in New Jersey?
Many indictable convictions can be expunged after a waiting period (typically 5 to 10 years from completion of sentence), provided certain eligibility criteria are met. However, some serious offenses — including most first and second-degree crimes, sex offenses, and certain other categories — are permanently barred from expungement. An attorney can review your record to determine your eligibility.
Does the Tormey Law Firm offer free consultations for criminal cases?
Yes. The Tormey Law Firm provides free initial consultations for all criminal matters. During the consultation, we review the facts of your arrest, examine any documents you have, discuss potential defenses, and explain the legal process. There is no obligation to retain the firm after the consultation.
Contact a New Jersey Criminal Defense Attorney Today
If you or a loved one has been arrested or charged with a crime in New Jersey, do not face the criminal justice system alone. The decisions you make in the early stages of your case can have a significant impact on the outcome. The Tormey Law Firm is available 24 hours a day to discuss your situation in a free, confidential consultation. Read our client testimonials to see what past clients have said about our work.
Call us today at (201) 556-1570 or contact us online to speak with a New Jersey criminal defense attorney about your case.
