New Jersey Criminal Defense Lawyers at Lyons & Associates, P.C., Will Fight on Your Behalf
If you have been charged with a crime or even if you are accused of a crime, do not face the massive criminal justice system alone. You have rights, and they should be defended. Our New Jersey criminal defense lawyers at Lyons & Associates, P.C., will vigorously defend those rights and ensure that you get a fair trial and the outcome that you deserve. To learn more or to schedule a free consultation, call us at 908-575-9777 or contact us online.
Our criminal defense practice has the experience and relationships to fight for the best possible result in Passaic County, Union County, Essex County, Bergen County and throughout the state.
Frequently Asked Questions About Criminal Charges in New Jersey
What should I do if I am under investigation but not yet charged?
If you believe you are under investigation, do not speak to law enforcement without an attorney. Early representation can prevent damaging statements, protect your rights, and in some cases even prevent charges from being filed. The sooner counsel is involved, the more control you have over the situation.
Should I talk to the police if I know I’m innocent?
No. Innocent statements can be misinterpreted or used against you. You have the constitutional right to remain silent, and exercising that right cannot legally be used as evidence of guilt. Always request an attorney before answering questions.
What happens after I am arrested in New Jersey?
After arrest, you may be released, placed under monitoring, or held for a detention hearing. New Jersey operates under a risk-based pretrial system rather than traditional cash bail in most cases. A judge determines whether you are released and under what conditions.
What is the difference between municipal court and Superior Court?
Municipal Court handles disorderly persons offenses, petty disorderly persons offenses, and motor vehicle matters. Superior Court handles indictable crimes, more serious charges, and jury trials. The level of court significantly affects potential penalties and procedure.
Can criminal charges be dismissed?
Yes, depending on the facts. Charges may be dismissed due to insufficient evidence, constitutional violations, improper searches, credibility issues, or procedural errors. A thorough review of the prosecution’s case is critical.
What is Pretrial Intervention (PTI)?
PTI is a diversionary program for certain first-time offenders charged with indictable crimes. If successfully completed, charges may be dismissed. Admission depends on eligibility criteria and prosecutorial approval.
What is a conditional dismissal or conditional discharge?
These diversion programs are typically available in municipal court or certain drug-related cases. If completed successfully, the charges are dismissed and a conviction is avoided. Eligibility usually depends on prior record and the nature of the offense.
Will a criminal conviction stay on my record forever?
Not always. Some offenses may be eligible for expungement after a statutory waiting period. However, certain offenses — including DWI and some violent crimes — cannot be expunged. Eligibility depends on the charge and your history.
Can I go to jail even if this is my first offense?
Yes. Some charges carry mandatory minimum sentences, particularly those involving firearms, certain drug offenses, or violent crimes. Even first-time offenders may face incarceration depending on the circumstances.
How long does a criminal case take in New Jersey?
Municipal matters may resolve in weeks or months. Indictable cases in Superior Court often take several months to over a year depending on discovery, motions, negotiations, and whether the case proceeds to trial.