Criminal Law

New Jersey Criminal Law

The attorneys at Bailey & Orozco feel it is important for every person to understand his or her rights within the criminal justice system. Our lawyers have provided the following information. If you have been arrested or charged with a crime and would like to speak with a member of the firm, please contact our office and arrange a free consultation.

Click on the following link to view our website devoted soley to criminal defense.

After arrest on suspicion of a criminal offense, the two most important rights that you have are the right to remain silent and the right to be represented by a lawyer.

Ask for a Lawyer.
Do not talk to anyone about what happened.

This is the time to assert both of these rights. Do not try to explain what has happened or try to tell your side of the story. That is a job for your defense attorney. Do not give a statement, orally or in writing. If asked to sign a Miranda form, write 'I WANT A LAWYER' then sign your name.

You do need to provide the police with your name, address, phone number and other information that identifies who you are. After you have given them this type of information, do not talk about the incident or offer any other information. This is not a social encounter. Anything you say can be used against you. A statement does not need to be a formal written statement signed by you in order for it to be used against you. This is the time to BE SILENT.

The charges will be written on either a Summons or a Warrant. If you are charged on a Summons, you will be released after you are processed. If you are charged on a Warrant, you will not be released until a bail has been set and someone posts the bail for you.

If you are released, immediately write a complete account of the incident. DO NOT SHARE THIS NARRATIVE WITH ANYONE ELSE BEFORE YOU TALK TO A LAWYER.

Consultation with a Lawyer

Within twenty-four hours of your arrest or being charged:

If you are released, call a lawyer who specializes in criminal defense. If you are not released, have your family call a defense attorney.

One of the more important questions you should ask the lawyer is their experience level with the type of crimes you are charged with. Speak to the attorney about what has happened, the crimes you are charged with, who your witnesses are, whether you have an alibi, and about what you want the attorney to do.

Some charges and investigations require a lawyer to have a great deal of specialized knowledge to represent you well. Examples of these types of charges include cases where the State used wiretapping or electronic surveillance during their investigation or where you are charged with a serious crime involving the victim being killed or dying from injuries during the incident.

If you are able to retain a lawyer, do so before your first court appearance. The sooner the lawyer can start preparing your defense the more affect the lawyer can have on how the case will be handled by the prosecution.

Bring the following to the consultation:

The narrative writing you prepared of all the details of the incident
All documents you have received regarding this incident
All documents regarding any prior arrests or convictions
Medical documentation for any condition you had at the time of the incident
The names, addresses and telephone numbers of any witnesses

Considerations to discuss with the lawyer:

The nature of the offenses currently charged
The likelihood of additional charges being filed
The possible sentence for the current charges
Defenses that can be made based upon the facts of the case
Witnesses that need to be interviewed by a defense investigator
Motions that may affect the strength of the State case
Medical conditions that may have had an impact on the incident

Court Procedure

Your first court appearance is called an arraignment. At this hearing you will be advised by the judge of the charges filed against you. The judge will also ask if you have an attorney. This is an important hearing and if at all possible you want your defense lawyer to be retained prior to this hearing. If you have a lawyer at this hearing, the lawyer can try to achieve several things that will benefit you. These include getting a copy of the police reports about your charges; requesting a lower bail; and, arguing for the charges to be downgraded.

Your second court appearance is called a plea disposition conference. Prior to this hearing, you and your attorney need to discuss the following:

The legal issues raised in the police reports
The plea offer the State is likely to make
Your lawyer’s recommendations about the case
The actions you want your lawyer to take
What will happen if the case proceeds any further
Your bail status

From this point on, the process and procedure of how the case will be handled by the court depends on the nature of the charges, the nature of the investigation, your prior record (or lack of a prior record), the decisions you made at the first and second court hearings and other factors you and you lawyer will discuss.