The Law Offices of Anthony N. Palumbo
Phone: 908-316-8671
Proudly Serving Union, Middlesex, and Monmouth County

What are the various stages in New Jersey's criminal process?

Although an arrest can be intimidating, it’s important for anyone facing this situation to remember that there is a criminal procedure that must be followed. Said another way, there are multiple steps in the criminal process in New Jersey, and a favorable outcome may be possible at each juncture. 

First and foremost, our criminal law office recommends that a suspect utilize his or her right to an attorney as soon as possible after an arrest. An attorney can review the evidence utilized by law enforcement officials and present available defenses, starting with the initial arrest. To make a warrantless arrest, a police officer generally must have probable cause to believe that a crime is occurring or recently occurred. 

While making the arrest, a law enforcement official is also required to follow certain procedures, the most familiar probably being the Miranda warning. As readers may have learned from television or popular culture, a suspect’s Miranda rights include the right to remain silent to avoid self-incrimination, as well as the right to an attorney. If an officer fails to tell an arrested suspect of those rights, an attorney can request the court to deem any statements made during that arrest as inadmissible at trial.

When a complaint is issued, an accused’s status becomes that of a criminal defendant who must respond to the allegations against him or her in a court of law. The court will issue a summons to appear, often in conjunction with an arraignment. The issue of bail must also be addressed, generally within 12 hours of the complaint’s issuance. In next week’s post, we’ll continue with our overview of New Jersey criminal procedure and the strategic contributions a criminal defense attorney can make at each stage.

Source: FindLaw, “New Jersey Criminal Laws,” copyright 2015, Thomson Reuters

No Comments

Leave a comment
Comment Information

Learn How I Can Help You

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Cranford Office
190 North Avenue East Suite 1
Cranford, NJ 07016

Toll Free: 866-664-8118
Phone: 908-316-8671
Fax: 908-272-7322
Cranford Law Office Map

Elizabeth Office
740 Newark Avenue
Elizabeth, NJ 07208

Toll Free: 866-664-8118
Phone: 908-316-8671
Elizabeth Law Office Map

Brielle Office
503 Union Avenue
Brielle, NJ 08730

Toll Free: 866-664-8118
Phone: 908-316-8671
Brielle Law Office Map

Phone: 908-316-8671 Fax: 908-272-7322
What are the various stages in New Jersey's criminal process? | The Law Offices of Anthony N. Palumbo