If you've been arrested in New Jersey, understanding what comes next—and when to call a lawyer—can make all the difference.
Being placed under arrest can be one of the most overwhelming and disorienting moments of your life. Whether it happens during a traffic stop or after a long investigation, you may suddenly be faced with a sea of questions:
- What are my rights?
- Should I talk to the police?
- Will I be released or held?
- Do I need a lawyer yet?
This guide walks you through what typically happens after an arrest in New Jersey and explains why early legal intervention matters—especially if you want to protect your future.
What Happens Immediately After an Arrest in New Jersey?
An arrest in New Jersey typically begins one of two ways:
- With a warrant, signed by a judge after probable cause is established
- Without a warrant, when law enforcement believes they witnessed a crime or have cause to act
Once in custody, police must read you your Miranda rights before any questioning. You are not required to answer their questions—and in most situations, you shouldn’t.
The Booking Process
At the police station, officers will begin booking you. This involves:
- Recording your personal information
- Taking a mugshot and fingerprints
- Documenting the circumstances of your arrest
Depending on the charge, you may be held in a cell while awaiting your first court appearance, which must occur within 48 hours under New Jersey law.
Your First Court Appearance: Central Judicial Processing (CJP) Hearing
Your first hearing is called a Central Judicial Processing (CJP) hearing. During this appearance:
- The judge will formally read the charges.
- The prosecutor may request that you be held.
- The judge decides whether to release or detain you before trial.
Thanks to New Jersey’s bail reform, most people do not have to post cash bail. Instead, the court uses a risk assessment tool that considers:
- Your criminal history (if any).
- Whether you're a flight risk.
- Any danger posed to the community.
The court may:
- Release you on your own recognizance (ROR).
- Order supervised release with conditions like check-ins or GPS monitoring.
- Require pretrial detention if you're deemed a significant risk.
A skilled defense attorney can argue for your release, challenge excessive conditions, and make sure your rights are protected during this critical stage.
When Should You Call a Criminal Defense Lawyer?
The short answer? As soon as possible.
Whether you’re already arrested or believe you’re under investigation, early legal guidance is essential. A criminal defense lawyer can:
- Advise you before police questioning.
- Ensure you’re treated fairly from the moment of arrest.
- Argue for release at the CJP hearing.
- Preserve surveillance video or other critical evidence.
- Begin building a defense strategy before charges escalate.
Waiting too long can limit your options and leave you vulnerable to mistakes—especially during police interviews or early court appearances.
What Are Your Rights After an Arrest?
After you’re arrested in New Jersey, you have constitutional rights that must be respected, including:
- The right to remain silent: You don’t have to answer any questions without a lawyer.
- The right to an attorney: You can request one at any point.
- The right to be informed of the charges: You have a right to know what you’re accused of.
- Presumption of innocence: You are innocent unless proven guilty in court.
It’s important to affirm your rights clearly. For example, say: “I am invoking my right to remain silent. I want to speak with an attorney.” Then stop talking until your lawyer is present.
Mistakes to Avoid After an Arrest
Arrests are stressful, but even well-intentioned actions can hurt your case. Here are common pitfalls to avoid:
- Talking to police without a lawyer: Even if you think you're helping yourself, you could incriminate yourself.
- Explaining or defending your actions: Silence is not an admission of guilt; it's a legal right.
- Posting about your arrest on social media: Anything shared online can be used as evidence.
- Missing a court date: This can lead to a bench warrant and more charges.
- Waiting too long to hire a lawyer: Delays can cause you to lose crucial defense opportunities.
A defense attorney can help you avoid these missteps and begin proactively shaping your case.
What Happens After the First Appearance?
After the CJP hearing, your case may proceed through the pre-indictment phase. This includes:
- Discovery: The state must share its evidence with your lawyer.
- Plea negotiations: Your attorney may begin discussions with the prosecutor.
- Grand jury review: If you’re facing an indictable offense (New Jersey’s equivalent of a felony), your case may go before a grand jury to decide whether to formally indict.
During this stage, your attorney may:
- Review the evidence for weaknesses.
- File motions to suppress evidence collected unlawfully.
- Seek dismissal of charges.
- Explore Pretrial Intervention (PTI) or other alternatives to trial.
Why Acting Quickly Matters
The first 48–72 hours after an arrest are often the most important window for your defense. Here's why:
- Evidence may be lost (e.g., erased surveillance footage, unavailable witnesses).
- Prosecutors are building their case early—sometimes before charges are filed.
- Diversion programs or reduced charges may be more available before indictment.
- Witness memories fade quickly.
Your defense attorney can start preserving evidence, controlling communication with law enforcement, and shaping the trajectory of your case from the outset.
Serving Clients Throughout Central New Jersey
If you or a loved one has been arrested in New Jersey, you need someone who understands how to navigate the system at the municipal and county levels.
Attorney Mark H. Jaffe provides representation to clients throughout Central New Jersey, with a focus on communities in and around Trenton, New Brunswick, and Somerville, including Mercer, Middlesex, and Somerset Counties.
Whether you’ve been charged with DUI, assault, shoplifting, or a more serious offense, he brings focused legal guidance tailored to the realities of New Jersey’s criminal courts.
Call Mark H. Jaffe Attorney at Law for Criminal Defense in Central New Jersey
Your rights matter. Your future matters. And timing matters.
If you've been arrested in New Jersey, don't wait to get help. The right attorney can make a meaningful difference in how your case unfolds.
Call Mark H. Jaffe Attorney at Law today at 866-930-1914 or fill out an online contact form to schedule a confidential consultation. Serving Trenton, New Brunswick, Somerville, and nearby towns, he provides calm, experienced legal representation when you need it most.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. If you are facing criminal charges or believe you may be under investigation, you should speak with a qualified New Jersey criminal defense attorney to receive advice specific to your circumstances.
