618 Newark Avenue
Elizabeth, NJ 07208
t. 908.349.8462
f. 908.325.1646

264 Union Boulevard
Totowa, NJ 07512
t. 973.873.8359

nace@naumoski.com

For information on specific New Jersey crimes, click on one of the links below:

• Drug Possession

• Drug Distribution

• Drug Paraphernalia

• Assault

• Sexual Assault

• Weapons Offenses

• DUI/DWI

• Criminal Homicide

New Jersey Criminal Defense

Criminal law matters in New Jersey are generally governed by Title 2C of the New Jersey Statutes.  Once a suspect is charged with commission of a crime either through the issuance of a summons or through the filing of a criminal complaint, the matter is referred to the local prosecuting authority.  Generally, less serious offenses, referred to as disorderly persons offenses in New Jersey are prosecuted by the municipal prosecutor of the town or city where the offense is alleged to have occurred.  More serious offenses, referred to as "indictable offenses" or "crimes" in New Jersey are prosecuted by the county prosecutor of the county where the offense is alleged to have occurred.

If the prosecutor wishes to charge a suspect with an indictable offense, the prosecutor must submit evidence to a grand jury.  If the grand jury determines that there is sufficient evidence to establish probable cause that the defendant has committed a crime, the grand jury issues an indictment.  An indictment is essentially a formal accusation against the defendant.  Once a defendant is formally charged with a crime, the defendant can enter a "guilty plea" or a "not guilty" plea.  A "guilty plea" is usually the result of a plea bargain between the defense and the prosecution.  Essentially, a plea bargain involves the defendant agreeing to plead guilty if the prosecution agrees to dismiss some charges against the defendant, downgrade some charges against the defendant, or seek a reduced punishment for the defendant.

If the defendant chooses to plead "not guilty," the case will move on to trial.  Prior to trial, there are several motions that can be filed by a defendant.  The purpose of these motions is usually to exclude some evidence that the prosecution will want to use at trial.  For example, a defendant can file a motion to suppress evidence if the evidence was seized as a result of an illegal search in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures. 

Any defendant charged with an indictable offense has the right to a trial by jury.  If a defendant is charged with a disorderly persons offense, the case is tried before a judge instead of a jury.  The prosecutor has the burden of proving each element of the offense with which the defendant is being charged.  In addition, the prosecutor must prove all of these elements "beyond a reasonable doubt." 

If the defendant is found guilty of committing a crime, the next stage in the proceedings is sentencing.  Both the prosecution and the defense are given an opportunity to present evidence to the judge of either mitigating factors (factors that suggest the sentence should be less severe) or aggravating factors (factors that suggest the sentence should be more severe).  In addition, if the defendant is convicted of a crime, the defendant has the opportunity to file motions requesting either a new trial or post-conviction relief.