When you've been charged, the first call matters most.

Being charged with a crime in New Jersey is a particular kind of disorienting. The knock on the door at six in the morning. The cuffs you didn't expect. The conversation in the back of a patrol car where you said things you now wish you hadn't. The processing room. The phone call you got to make. The voicemail from a family member who heard from someone else first. The HR department's email asking when you'd be back at work.

By the time many clients reach us, avoidable risks may already exist: statements made too early, social-media posts that can become discovery, or release conditions misunderstood. We start with the next court date, the paperwork already issued, and the decisions that still can be made deliberately.

What we handle

New Jersey criminal practice often runs on three procedural tracks: Superior Court for indictable offenses, municipal court for disorderly persons offenses and DUI/DWI, and Family Division for juvenile matters. The right strategy depends on which track the case is actually in.

Key terms

Criminal defense terms that change the path

New Jersey criminal and DUI/DWI cases move through fast procedural checkpoints. These definitions explain the words most likely to affect custody status.

Complaint-summons

A charging document that orders a person to appear in court without being held in custody before that appearance.

Complaint-warrant

A charging document that results in arrest and detention until the first appearance and release-condition review.

Probable cause

The legal threshold for an arrest, charge, warrant, or search based on facts suggesting an offense occurred.

Discovery

The police reports, videos, lab reports, witness statements, digital evidence, and other materials the prosecution must disclose.

First appearance

The initial court appearance after arrest where rights, charges, detention issues, and release conditions are addressed.

Detention hearing

A hearing where the State asks to hold a defendant in jail before trial under New Jersey bail reform standards.

Pre-Trial Intervention PTI

A diversionary program for eligible indictable charges where successful completion can lead to dismissal without conviction.

Conditional dismissal

A municipal-court diversionary path for eligible disorderly persons offenses that can result in dismissal after compliance.

Plea agreement

A negotiated resolution where charges, sentencing recommendations, diversion, or penalties are resolved without trial.

Graves Act

New Jersey firearms sentencing law imposing mandatory-minimum parole ineligibility for many gun offenses.

Expungement

A court process that seals eligible arrest, charge, conviction, and juvenile records from ordinary public access.

Post-conviction relief PCR

A petition asking a court to vacate or correct a conviction because of constitutional error, ineffective assistance, or other grounds.

Disorderly persons offense

A misdemeanor-level New Jersey offense heard in municipal court, carrying up to six months in county jail.

Indictable offense

A felony-level New Jersey charge, first through fourth degree, prosecuted in Superior Court and usually presented to a grand jury.

Pretrial release

Release from custody before trial, often with conditions such as reporting, no contact, travel limits, or monitoring.

DUI/DWI

A New Jersey motor-vehicle charge for driving under the influence or while intoxicated, not a criminal conviction and not expungeable.

Refusal

A separate motor-vehicle charge for refusing required breath testing after a lawful DUI/DWI arrest.

CREAMMA

New Jersey's adult-use cannabis law, which changed possession and probable-cause rules while leaving many distribution and driving charges intact.

By the type of charge

• Indictable offenses -- felony-level charges (first through fourth degree) heard in the Superior Court Criminal Division. Higher stakes, longer sentences, grand-jury procedure.
• Disorderly persons offenses -- misdemeanor-level charges heard in municipal court. Up to six months in jail and meaningful collateral consequences for employment, immigration, and licensing.
• DUI / DWI defense -- driving under the influence under N.J.S.A. 39:4-50source, including the three-tier penalty structure, the ignition-interlock requirement, and the fact that DUI convictions are not expungeable.
• Juvenile matters -- offenses involving minors in the Family Division -- different procedure, different sentencing options, distinct record-sealing rules under N.J.S.A. 2A:4A-62source.

Specific charges

• Drug offenses & CREAMMA -- possession, distribution, and intent-to-distribute cases in a post-CREAMMA New Jersey, where cannabis is legal but distribution rules and federal exposure remain complex.
• Weapons offenses & the Graves Act -- firearms charges under N.J.S.A. 2C:39source and the mandatory-minimum exposure under N.J.S.A. 2C:43-6(c)source; post-Bruen constitutional analysis; FOPA non-resident transit.
• White-collar & financial crimes -- theft by deception, fraud, healthcare fraud, securities fraud, money laundering, identity theft, computer crimes, and official misconduct. Pre-indictment defense, PTI candidacy, and parallel civil/regulatory coordination. Federal mail/wire fraud exposure is part of the analysis. For crypto-specific securities and money-laundering matters, see also our Digital Assets, AI & Cybersecurity page.
• Federal criminal defense -- D.N.J. and surrounding federal districts; pre-indictment representation, grand jury practice, federal Bail Reform Act detention under 18 U.S.C. § 3142source, U.S. Sentencing Guidelines and § 3553(a)source factors, substantial-assistance motions under U.S.S.G. § 5K1.1, First Step Act application, BoP designation advocacy, Padilla v. Kentucky immigration consequences.
• Bail & detention hearings -- NJ Criminal Justice Reform Act (N.J.S.A. 2A:162-15 et seq.source); Public Safety Assessment; detention motions under N.J.S.A. 2A:162-19 clear-and-convincing standard; statutory presumptions; conditions of release under N.J.S.A. 2A:162-17; CJRA speedy-trial protections under N.J.S.A. 2A:162-22; interlocutory detention appeals under R. 2:9-13.
• Megan's Law & sexual-offense defense -- registration under N.J.S.A. 2C:7-1 et seq.source; tier-classification hearings under the Registrant Risk Assessment Scale (In re Registrant C.A.); Parole Supervision for Life under N.J.S.A. 2C:43-6.4source; registration-termination petitions after 15 years; PSL violation defense.
• Traffic court defense -- Municipal Court representation for reckless driving (N.J.S.A. 39:4-96source), careless driving (39:4-97source), unsafe operation (39:4-97.2source), driving while suspended (39:3-40source), CDL violations under N.J.S.A. 39:3-10.11source and federal Motor Carrier Safety Regulations; point management, license-suspension defense, plea-reduction strategy.

After the case is over

• Expungement & Clean Slate -- erasing eligible convictions from public records under N.J.S.A. 2C:52source, including the 2019 Clean Slate provisions that significantly expanded what's eligible.
• Post-conviction relief (PCR) -- petitions to vacate convictions on grounds of ineffective assistance of counsel, newly discovered evidence, or constitutional error under R. 3:22source.

What to do if you've just been charged.

The arrest itself happens fast. What follows shapes the case. Six things to do -- and one thing not to.

1. Stop talking.

Even if you think you have nothing to hide. Especially if you think you have nothing to hide. Anything you say to police, to the booking officer, to a cellmate, in a recorded jailhouse phone call, or to a "concerned" detective in the next room can be used against you. The Fifth Amendment exists for everyone, not just the guilty.

2. Don't post on social media. Anything. About anything.

Per Davis v. Disability Rights New Jersey, 475 N.J. Super. 122 (App. Div. 2023)source, private social-media posts and direct messages are subject to civil discovery. They are also subpoena-able in criminal matters. Delete nothing -- that creates its own problem -- but post nothing, comment on nothing, and assume that what you've already posted will be examined.

3. Don't contact anyone involved.

Not the alleged victim. Not the witnesses. Not the co-defendants. Not the police officer who arrested you. Any contact can be characterized as witness-tampering, intimidation, or violation of bail conditions -- even if you intended none of those.

4. Don't violate any condition of release, even technically.

Curfews. Geographic restrictions. No-contact orders. Drug testing. Whatever your conditions are, follow them exactly. A technical violation can result in revocation of release and pre-trial detention -- and prosecutors use violations to argue for harsher resolution at sentencing.

5. Document what you remember.

Write down, in your own words and dated, everything you remember about the events leading to the arrest, the arrest itself, what was said, who was present, what you did and didn't do. Keep this private and bring it to your attorney. Memory degrades. Documents don't.

6. Get a lawyer before the first appearance.

In complaint-warrant cases, the court must make the pretrial release decision without unnecessary delay and no later than 48 hours after commitment to jail under N.J.S.A. 2A:162-16source. Decisions about release conditions, detention applications, and no-contact terms can shape the rest of the case.

And the one thing not to do -- don't assume the prosecutor or police officer is "trying to help you."

They are not your friend, they are not the judge, and "cooperating" with the prosecution before an attorney has reviewed the discovery is one of the most consistently damaging mistakes we see. Polite, calm, and silent is the script. Then call us.

New Jersey criminal law in practice.

Indictable offenses vs. disorderly persons offenses.

New Jersey classifies criminal offenses into procedural tracks. Indictable crimes are first-, second-, third-, and fourth-degree offenses usually prosecuted in Superior Court. Disorderly persons offenses are generally heard in municipal court. The distinction affects discovery, diversion eligibility, plea posture, trial rights, sentencing exposure, and the collateral consequences that may follow a conviction.

Homicide and assault -- the grading ladder.

New Jersey grades crimes against the person by the actor's mental state and the harm caused. Murder under N.J.S.A. 2C:11-3source covers purposeful or knowing killing and -- yes -- felony murder: a death caused during the commission of an enumerated felony (robbery, sexual assault, arson, burglary, kidnapping, carjacking, and others), for which the State need not prove any intent to kill. Murder carries 30 years to life with a 30-year period of parole ineligibility, and felony murder carries the same 30-year minimum (New Jersey abolished the death penalty in 2007). Aggravated manslaughter -- reckless killing under circumstances manifesting extreme indifference to human life -- is a first-degree crime (10-30 years) under N.J.S.A. 2C:11-4(a)source; ordinary reckless manslaughter and passion/provocation manslaughter are second-degree. Death by auto (vehicular homicide) under N.J.S.A. 2C:11-5source is a second-degree crime. Murder, aggravated manslaughter, and death by auto all carry the No Early Release Act's 85% parole bar.

On the assault side, simple assault (2C:12-1(a)) is a disorderly persons offense, while aggravated assault under N.J.S.A. 2C:12-1(b)source climbs the degree ladder by subsection: causing or attempting serious bodily injury is second-degree; bodily injury with a deadly weapon (purposely or knowingly) is third-degree; reckless bodily injury with a deadly weapon and pointing a firearm at another are fourth-degree; and assaults on law-enforcement officers and other protected categories carry their own enhanced grading.

A statutory, Model-Penal-Code system -- not common law.

New Jersey's Code of Criminal Justice (Title 2C, effective 1979) is built on the Model Penal Code, and that shapes every charge. N.J.S.A. 2C:1-5source abolishes common-law crimes -- no conduct is an offense unless a statute defines it. Every offense is then read against the four culpability levels in N.J.S.A. 2C:2-2source: purposely (conscious object), knowingly (aware of a near-certainty), recklessly (conscious disregard of a substantial and unjustifiable risk -- a gross deviation), and negligently (failure to perceive such a risk). The required mental state attaches to each material element of the offense, and pinning down which state the State must prove -- and for which element -- is frequently the whole case.

Defenses and affirmative defenses -- and who carries the burden.

The State must prove every element of an offense beyond a reasonable doubt under N.J.S.A. 2C:1-13source, but defenses divide into two groups with different burdens. Justifications -- most importantly self-defense under N.J.S.A. 2C:3-4source, plus defense of others (2C:3-5) and defense of property (2C:3-6) -- need only be raised by some evidence; the State must then disprove them beyond a reasonable doubt. Self-defense permits force reasonably believed immediately necessary; deadly force carries a duty to retreat where the actor can do so with complete safety, except in one's own dwelling (New Jersey's castle-doctrine exception) -- New Jersey is not a "stand your ground" state. By contrast, the Code's affirmative defenses put a preponderance-of-the-evidence burden on the defendant: insanity under N.J.S.A. 2C:4-1source (the M'Naghten "disease of the mind" test) and entrapment under N.J.S.A. 2C:2-12source. Duress under N.J.S.A. 2C:2-9source is labeled an affirmative defense, but the defendant need only produce some evidence of coercion -- the State must then disprove duress beyond a reasonable doubt (State v. B.H., 183 N.J. 171 (2005)). Voluntary intoxication (2C:2-8) is not a general defense but can negate the purposeful or knowing mental state a charge requires. Diminished-capacity, mistake-of-fact, necessity, and renunciation defenses round out the toolkit; which one fits is a function of the elements the State has to prove.

DUI / DWI under N.J.S.A. 39:4-50source.

DUI/DWI is unusual in NJ practice: it is a motor-vehicle conviction, not a criminal one, and it is not expungeable. The penalty structure has three tiers based on BAC and prior offenses, with ignition-interlock requirements on every conviction. Defense strategy focuses on avoiding the conviction -- challenging the stop, the Alcotest procedure, the field-sobriety tests (HGN, walk-and-turn, one-leg stand), the officer's observations, and the chain of custody for breath-sample data.

Drug offenses under CREAMMA.

The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) legalized adult-use cannabis in February 2021. Personal possession of up to six ounces and use by adults age 21+ is no longer a criminal offense under state law, as summarized by the New Jersey Cannabis Regulatory Commissionsource. Distribution and intent-to-distribute outside the regulated marketplace remain prosecutable. Cannabis remains a federal Schedule I substance under 21 U.S.C. § 812source. Cannabis-influenced driving still satisfies the DUI statute. Probable-cause rules narrowed substantially after CREAMMA. For non-cannabis controlled-dangerous-substance cases, the Comprehensive Drug Reform Act at N.J.S.A. 2C:35-1 et seq.source continues to govern.

Weapons offenses and the Graves Act.

New Jersey firearms charges carry unusually serious consequences under statutes codified at N.J.S.A. 2C:39source. The Graves Act under N.J.S.A. 2C:43-6(c)source imposes mandatory-minimum prison sentences with parole-ineligibility periods on many firearms offenses. Unlawful possession of a handgun under N.J.S.A. 2C:39-5(b)source is a second-degree crime carrying five to ten years with a 42-month mandatory minimum under Graves. Graves Act waivers under N.J.S.A. 2C:43-6.2source are available in defined circumstances and require prosecutor consent. The Second Amendment landscape after Bruensource has shifted the analysis on certain provisions; that motion practice is an active part of NJ weapons defense.

Diversion: PTI, Conditional Dismissal, Conditional Discharge.

New Jersey offers three primary diversionary programs. Pre-Trial Intervention (PTI) under N.J.S.A. 2C:43-12source is for first-time offenders charged with indictable crimes -- supervised probation with conditions; successful completion dismisses the charges with no conviction. Conditional Dismissal under N.J.S.A. 2C:43-13.1source is the parallel program for disorderly persons offenses. Conditional Discharge under N.J.S.A. 2C:36A-1source is the parallel for first-time drug-possession cases. All three are limited -- prior diversion participants are ineligible, certain offense categories are presumptively excluded, and the prosecutor's consent is typically required. See our PTI / Pretrial Intervention guide for the full eligibility analysis, the application process, prosecutor-objection review, and the Veterans Diversion framework under N.J.S.A. 2C:43-25source.

Expungement and Clean Slate.

New Jersey's expungement framework, N.J.S.A. 2C:52source, was substantially expanded by the 2019 Clean Slate law. Eligible individuals can seal arrest records, indictable convictions, disorderly persons convictions, and certain juvenile records from public view, eliminating background-check obstacles to employment, housing, and licensing. Waiting periods, eligibility criteria, and categorical exclusions vary by offense; serious offenses (homicide, certain sex offenses) are categorically ineligible. Motor-vehicle convictions, including DUI/DWI, are not expungeable.

How fees work in a New Jersey criminal-defense matter.

Criminal-defense fees are quoted after the firm reviews the charge, county, procedural posture, court date, record, and likely scope of work. Many matters are handled by flat fee for a defined phase of the case; some matters require a different written fee structure because trial, expert work, or appeal changes the scope. Criminal-defense matters are not handled on contingency. The written engagement letter identifies the rate, scope, and any additional-fee triggers before representation begins.

• Initial case evaluation: a confidential consultation and case review.
• Flat fee for many matters: quoted in writing for a defined phase or scope.
• Trial-phase fee: additional structure quoted in advance if trial work is required.
• Urgent arrests: intake details are logged for legal-team review based on timing, charge, and court date.

Frequently asked questions

Your criminal-defense team

Criminal-defense matters are reviewed by the firm against the charge, court, release status, discovery, and client goals. Britt J. Simon, Esq., the firm's Managing Partner, founded the firm after public-service and litigation experience reflected in his firm biography. When the firm accepts a criminal matter, the engagement letter identifies the scope of representation and the legal team responsible for the work.

Talk with a New Jersey criminal-defense attorney.

If the arrest just happened, time matters because release conditions, no-contact provisions, discovery preservation, and the first court date can arrive quickly. Call (800) 709-1131 or use our contact page to request a case evaluation. Staff will ask short questions about the charge, county, timing, release status, and record so the right team member can review it.

Related Practice Areas

Our criminal-defense work intersects with several other practice areas. See our DUI/DWI defense page for the impaired-driving framework, the drug-charges defense page for the CREAMMA-era analysis, the disorderly persons offenses page for municipal-court matters, and the expungement page for the Clean Slate process.

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