Terry Law Group, LLC provides zealous defense to individuals facing criminal charges in the Superior Court of New Jersey. We understand that the criminal process can be a devastating experience. We can help guide you through the complicated process.
Typically, the criminal process commences with the issuance of an arrest warrant. In order to complete an arrest, the police must have “probable cause” or a reasonable belief that the arrested person committed a crime.
After the arrest, the police must give the arrested individual a Miranda warning. The police must inform said individual that he or she has the right to remain silent, a right to have an attorney present during interrogation, and a right to have an attorney appointed if he or she cannot afford one. If the police fail to provide a Miranda warning and the individual is subjected to custodial interrogation, the evidence obtained may be suppressed.
Once the police take the arrested person into custody, the police book said individual (fingerprint, photograph, etc).
Thereafter, the Defendant must make appear in court for an “arraignment.” At the arraignment, the Judge considers bail and advises the Defendant of his or her rights. Subsequent thereto, the case is presented to the grand jury. If the grant jury issues an indictment, the defendant must appear in court and enter a plea of mute, not guilty, guilty or no contest.
If the parties do not enter into a plea agreement before trial, the trial usually takes place within 180 days. The Defendant is entitled to a jury trial if the charge is punishable by six or more months. However, the Defendant waives said right if he pleads guilty or requests a bench trial.