Do I need an attorney to defend my criminal case?

A defendant may defend his or her own case, but retaining an experienced criminal defense attorney can be invaluable, particularly when the case involves more than a minor infraction. Criminal defense law can be confusing, and the state usually is well prepared to prosecute its cases. Besides simply presenting a defense, criminal defense lawyers are adept at negotiating for a lesser charge or punishment and at positioning cases for appeal, both of which can be important in resolving a case.

What are the different types of offenses in the state of New Jersey?

Crimes in New Jersey are categorized as petty offenses, misdemeanors, and felonies according to the severity of punishment associated with the particular crime. Petty offenses are minor offenses that usually are punishable by fines and include traffic violations and infractions of minor ordinances. Misdemeanors generally are crimes involving punishment of one year or less in jail. Felonies normally are crimes punishable by more than one year in jail.

What are “Miranda rights"?

The Miranda doctrine requires the police to warn an accused that he or she has a right to remain silent, that any statement he or she makes can be used as evidence against him or her, that he or she has a right to the presence of an attorney during questioning, and if the accused cannot afford an attorney, the court will appoint an attorney. The so-called “Miranda warning” does not apply to any volunteered statements, and the suspect may waive his or her rights, provided the waiver is made voluntarily and knowingly. Minors enjoy the same rights regarding the Miranda warnings as an adult. In addition, a minor can invoke the privilege against self-incrimination. The minor may ask to see or telephone his or her parent or guardian or some other adult standing in a relationship to the minor similar to that of an attorney.

What is the difference between probation and parole?

The basic difference between probation and parole is that probation, which involves no imprisonment, is a conditional release of the defendant by the trial court after his or her conviction, under the control of the probationary officer.  Parole is a provisional release from confinement and a means to watch the convict outside the prison walls.

What is an arraignment?

An arraignment is proceeding in which a defendant makes an initial appearance in court and is advised of criminal charges he or she is facing. At this time a plea is usually entered (often "not guilty") and the court will decide whether the accused is entitled to remain free on bail (if he or she is already out on bond) or if bail should be increased.  The prosecutor has the burden of showing that the defendant is either a flight risk or a danger to the community.

Resource Links

New Jersey Office of the Public Defender:
http://www.nj.gov/defender/

Pretrial Services Agency District of New Jersey:
http://www.njpt.uscourts.gov/caseprocess2.htm

Association of Criminal Defense Lawyers of New Jersey:
http://www.acdlnj.org/