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NJ Initial Hearing – Arraignment Lawyer

Initial Hearing – Arraignment Lawyer in NJ

If you are arrested and charged with a criminal offense in New Jersey, your first court appearance will be the initial hearing or arraignment. This critical stage sets in motion the criminal case against you. Having an experienced criminal defense lawyer represent you at the initial hearing can impact the entire trajectory of your case.

Purpose of the Initial Hearing

The initial hearing has several important purposes:

  • Inform you of the charges filed
  • Advise you of your rights
  • Determine pretrial release or detention
  • Accept your plea of guilty or not guilty
  • Set the next court dates

This first proceeding starts the clock on key deadlines in the case, so having skilled counsel is vital.

When the Initial Hearing Occurs

For indictable offenses, the initial hearing must occur within 48-72 hours of arrest by court rule. For non-indictable charges, the first appearance should occur within 7-15 days.

If you post bail prior to the first court date, you must still appear as scheduled for the initial hearing.

Right to an Attorney at Initial Hearing

You have the right to have a defense lawyer represent you at the initial hearing, even if you cannot afford one. The court will appoint the public defender if you qualify financially. Your lawyer can advocate for your rights from day one.

Entering a Plea at the Initial Hearing

At arraignment, you will be asked to enter a plea of guilty, not guilty, or no contest. Pleading not guilty preserves your right to fight the charges and forces the prosecution to prove guilt at trial.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Only plead guilty if your lawyer has negotiated an acceptable plea deal prior to arraignment and advised you to plead guilty. Never plead guilty without counsel.

Argue Bail and Pretrial Release

A major purpose of the initial hearing is deciding bail and conditions of pretrial release. Your lawyer will argue against pretrial detention and money bail by presenting evidence of:

  • Your strong family and community ties
  • Steady employment
  • Lack of criminal history
  • Reputation for reliability

The court often relies heavily on counsel’s representations when setting bail.

Discovery and Investigation

Beginning work quickly on investigation and discovery is crucial. At the initial hearing, your lawyer can:

  • Demand preservation of evidence from the prosecution
  • Issue subpoenas for helpful records and documents
  • Obtain contact information for prosecution witnesses for interviews
  • File discovery motions and requests

Early fact-finding lays the groundwork for contesting the charges.

Assess Prosecution’s Case

The criminal complaint and affidavit of probable cause provide insight into the prosecution’s theory and evidence. Your lawyer can:

  • Pinpoint factual inaccuracies
  • Challenge credibility of witnesses
  • Highlight legal deficiencies in the charges
  • Begin planning defense strategy

Identifying weaknesses at the outset is key.

Negotiate with the Prosecutor

In some cases, prosecutors may offer a plea deal or even dismissal at the initial hearing, particularly if the defense uncovers problems with the charges early on. Having an attorney allows you to consider these options.

Prepare for Next Court Dates

The judge will schedule future court dates at the initial hearing, like:

  • Status conferences
  • Pretrial motion hearings
  • Plea cutoff date
  • Trial date

Your lawyer will use these dates to build your strategic defense.

Waiving Time Limits

By rule, the prosecutor has strict deadlines after arraignment to indict charges and finish discovery. Your lawyer may agree to waive these time limits to allow more time to negotiate or investigate the case.

Consult an Attorney Before Your Initial Hearing

The decisions made at your first court appearance impact every subsequent stage of the case. Having an experienced criminal defense lawyer advocate for you right away is critical.

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