If you have been arrested and charged with a crime in Gloucester, you could be facing serious consequences. Without the proper defense, you could receive several penalties, including incarceration.
Fortunately, our criminal defense lawyers can help. The criminal justice process is full of dangers to defendants trying to navigate their case. With the right defense, you can determine if the evidence supports the charges and how to fight the case. However, you should always remain silent until speaking with our team, regardless of the charges against you.
For a free case evaluation with our criminal defense lawyers, contact the Lombardo Law Group, LLC at (609) 445-4300.
What Happens After You Are Arrested in Gloucester, NJ
Many individuals find themselves caught up in the criminal justice system in Gloucester without knowing what is going to happen to them after being arrested. While this time can be extremely stressful, our criminal defense lawyers can ensure you do not face your charges alone. You should request our firm as soon as you have been booked by the police. We can help fight for your release at your bail hearing and deal with the prosecution to see if a trial can be avoided. However, our team is prepared to take your case to trial if that is what justice demands.
Charging and Booking
Many arrests are made by police that witness a crime, while other arrests are the result of long investigations by grand juries after an arrest warrant has been issued. Regardless of how your arrest occurred, you will go through the police’s charging and booking process in Gloucester. This can be extremely stressful, but it is important to protect your rights during this period.
While you should be forthcoming with basic information like your name and address, you are under no obligation to speak about the crime you have been arrested for. During the booking process, you will likely not be asked about the crime. Instead, you will be photographed, fingerprinted, and your possessions put into holding.
Once you have been put into a holding cell, the police might decide to question you. They should first read you your Miranda rights before doing so. If they fail to do so, they should not be questioning you. Either way, you should exercise your right to remain silent except to request a defense attorney. Once you request an attorney, police should stop all questioning until they arrive.
The Bail Hearing
In some cases, you might be able to post bail right away. If not, you should have a bail hearing within 48 hours of your arrest. The purpose of the bail hearing is to determine whether you will be released from jail while awaiting trial. A bail judge decides whether or not to release someone on bail based on several factors, including the seriousness of the crime, the defendant’s history with the law, and whether they present a credible threat to the community.
The amount of bail you need to pay to be released will depend on the crime you have been charged with. However, you only usually need to pay 10% of the bail amount to be released if one has been set.
The Pre-Trial Conference
A pre-trial conference is a hearing to discuss the state’s evidence in your case and determine whether both sides are ready to proceed to trial. The judge will typically ask questions about your case and ensure you understand the charges against you. If you do not understand anything, please ask questions at this time. It is also a chance to see if there is enough evidence against you to proceed with the trial or if more investigation is necessary. For instance, if the judge agrees that the case should wait for DNA testing, you might need to return for another pre-trial conference date to review the results of such testing or other investigation prior to trial.
Pre-trial hearings are also an opportunity for your attorney and the prosecutor to address any plea negotiations discussed. Suppose the state has overwhelming or convincing evidence against an individual. In that case, it might be better in the long term to accept a plea deal rather than face the maximum penalty if convicted at trial. Essentially, plea deals are offered to defendants to plead guilty in exchange for lesser charges or a more lenient sentence since the defendant is taking responsibility and saving the need for a trial. However, you should not accept a plea bargain until you have had the chance to review it with your defense attorney.
The Trial
A criminal trial is likely to ensue if a plea agreement is not reached or if the case is not dismissed in a pretrial motion hearing. The state is responsible for demonstrating that you are guilty of the crime beyond a reasonable doubt, and they must provide evidence to support the charges against you.
In most cases, it is generally not advisable to testify in your defense. This is because most prosecutors will cross-examine you, which can make you look less credible with the way their questions are structured. The best strategy is to have our criminal defense attorneys cross-examine their witnesses and present our theory of your case during the closing arguments of the trial.
What You Should Do If You Have Been Arrested in Gloucester, NJ
If you are arrested, your rights are important. You have a right to remain silent and not answer questions, and you should immediately ask for an attorney if you have been arrested in Gloucester. However, sometimes the police just want to “talk to you,” and they just want to ask some questions without technically placing you under arrest. If this happens to you, you should ask if you are under arrest and remain silent until you have a lawyer present with you.
If an officer asks you questions but has not placed you under arrest, it is generally safe to answer questions related to your identity. However, it is always best to remain silent when asked about other potentially incriminating information, such as what happened during or after an incident or your whereabouts at a particular time. Remember, anything you say can be used against you later in court and other proceedings.
If the police stop you, be sure to get their names and badge numbers, if possible. If they refuse to provide it, the information should be included in any incident reports filed in your case. If you can only get their badge number, that could be enough to identify an officer later if necessary.
Our Gloucester, NJ Criminal Defense Attorneys Can Help
Call the Lombardo Law Group, LLC today at (609) 445-4300 for a free assessment of your case with our criminal defense attorneys.
