Being arrested or charged with a crime can be a downright scary experience. Not only do you have to deal with the booking process itself, but once released, you may be facing a slew of questions about your future, both short- and long-term. Will I be convicted? What could my sentence be? How will this affect my family? What does this mean for me long term?
Many of the answers to those questions depend heavily on the facts of your case. But sometimes, it helps just to understand a bit more about the criminal trial process and how it works. That's why Joseph D. Lento and the Lento Law Firm have prepared this – to give you some basic information about how criminal cases are handled in Sussex County, NJ.
Of course, the best way to get the most specific answers to your questions is to speak directly with an experienced criminal law attorney who will understand the facts of your case and can help you defend against the charges you are facing. Joseph D. Lento is an experienced New Jersey criminal defense attorney who can help you with your Sussex County criminal case. When you've looked through this information, feel free to contact Joseph Lento and the Lento Law Firm at (888) 535-3686 or through our contact form today to learn more about how we can help.
What Can Happen Before Trial in Sussex County, NJ
Of course, once you've been arrested for a crime, you might expect that there will immediately be significant changes to your daily life. In some cases, this is correct, but in many minor cases, courts will release you on your “own recognizance,” meaning that you can basically go about your life as usual so long as you appear for court hearings and for your trial.
In more serious cases, however, the judge may place restrictions on your everyday freedoms. These are generally designed to make sure you appear for trial and don't flee the state. On rare occasions, the judge may order you to be incarcerated until your trial or may set bail as a way to make sure you return for your day in court. That said, with recent changes to the bail laws in New Jersey, it's used much less than it was in the past (though bail laws tend to change frequently).
Some of the conditions the judge can place on you pending your trial date are as follows:
- Someone may be appointed to take temporary custody of you. This person is generally a family member, but can be a friend or some other individual, and they are charged with making sure you appear for hearings and the trial in your case.
- The judge may prohibit you from leaving New Jersey, including prohibiting you from leaving the United States.
- You can be ordered to remain in your current job until trial. If you're unemployed, the court may require you to actively look for work.
- The judge can impose a nightly curfew on you.
- As with probation, you may have to check in with a law enforcement officer periodically.
- The court may issue a restraining order preventing you from having contact with or being in the neighborhood of your alleged victim, particularly if you've been charged with a violent crime.
That said, if your crime is serious enough and if the judge considers you to be a flight risk, you could end up in jail pending your trial, or the court could require you to post bail in order for you to be released until then. This is where having an experienced New Jersey criminal attorney like Joseph D. Lento on your side can help negotiate on your behalf with the goal of securing your release with a minimum number of conditional restrictions.
What Can Happen if You Are Convicted
If your criminal charges in Sussex County, NJ result in a conviction, it is likely to impact your life well beyond simply having to pay a fine or serve jail time. Even if the sentence only includes probation or community service, the very fact that you've been convicted of a crime can have other bad effects on your life. For example, you may experience any of the following:
- Significant financial burdens. If you are in jail, you won't be able to make money to support yourself or your family. And some employers will fire you if they learn you've been convicted of a crime, even if you don't have to serve time in jail as a result.
- Poor job prospects. Many employers won't hire someone who has a criminal record. In addition, some jobs require a particular license or certification that may not be available to someone with a particular type of criminal conviction.
- Bad housing. Landlords may not want to rent to a convicted criminal. Banks may not want to lend money for a home loan to someone convicted of a crime. If you're convicted of certain crimes, in particular sex-related crimes, you may not be allowed to live near schools, playgrounds, or community centers that serve children.
- Loss of custody of your children. If you are a single parent and are convicted of a crime, your children may go into foster care while you serve your time in jail, and even if your children are co-parented, you may lose custody rights while in prison. A conviction may also be used against you in custody disputes.
Types of Crimes in New Jersey
Unlike most other states, New Jersey does not have “misdemeanors” and “felonies;” instead, it classifies crimes as either “disorderly persons” offenses or “indictable” offenses.
New Jersey Disorderly Persons Offenses
A disorderly persons offense in New Jersey is similar to a misdemeanor in most other states; it is typically a less-serious offense that carries relatively minor penalties. That's not to say being convicted of a disorderly persons offense is not a serious matter; if you've been charged with committing one, you definitely want to avoid being convicted.
Examples of disorderly persons offenses include:
- Simple assault
- Disorderly conduct
- Writing bad checks
- Shoplifting (under $200)
- Resisting arrest
- Harassment
Disorderly persons offenses in Sussex county are tried in one of the county's Municipal Courts. If you've been charged with a disorderly persons offense, your case will typically be heard in the courthouse in the town or borough where you allegedly committed the offense, whether that's in Bedminster, Sussex, Bridgewater, Raritan, or another town or borough. (We've listed the locations of each of Sussex County's Municipal Courts below.)
Sentences for disorderly persons offenses are generally mild, usually consisting of some combination of probation, community service, and/or fines—especially for first-time offenders. However, in certain circumstances, you could face fines up to $1000 and no more than six months in jail. Again, having an experienced attorney can go a long way toward mitigating the penalties of conviction—and if circumstances warrant, your attorney may even be able to have some or all of the charges dismissed.
Indictable Offenses in New Jersey
An indictable offense in New Jersey is similar to a felony offense in most other states; it is definitely a much more serious offense than a disorderly persons offense, and if you are charged with one, you should seek the advice of an experienced criminal defense attorney immediately. Some examples of indictable offenses in New Jersey are:
- Manslaughter
- Homicide
- Unlawful possession of a weapon
- Aggravated assault
- Armed robbery
- Sexual assault/rape
- Burglary
- Lewdness
- Forgery
- Kidnapping
- Drug distribution
- Marijuana possession (more than 6 ounces)
There are four levels of indictable offenses, called (obviously) Fourth Degree, Third Degree, Second Degree, and First Degree indictable offenses. While a Fourth Degree indictable offense is the least serious, it still can lead to a sentence of up to 18 months in prison and $10,000 in fines, and a First Degree indictable offense could result in life imprisonment and fines up to $200,000.
Courts in Sussex County, New Jersey
Sussex County has a number of Municipal Courts and one Superior Court. As noted below, the Municipal Courts handle disorderly persons cases and some of the early conferences relating to indictable offenses, while the Superior Court is where indictable offense trials are held.
Municipal Courts in Sussex County
Municipal Courts deal with almost all minor offenses, including those such as traffic tickets that aren't considered crimes. If you've been charged with a disorderly persons offense, this is where your case will be heard. Municipal Courts do not hold jury trials; instead, these cases are tried before a judge, who evaluates the evidence introduced by the prosecution and defense, considers their arguments, applies the law, delivers a verdict, and if the verdict is a guilty one, pronounces the sentence. Municipal Courts don't try indictable offenses, but they will handle some of the preliminary hearings to determine whether the case should go to trial at the Superior Court.
Sussex County is served by 19 Municipal Court locations. Note that some of the courts share the same location:
Andover Joint Municipal Court
134 Newton-Sparta Road
Newton, NJ 07860
Phone: 973-383-4280
Byram Township Municipal Court
134 Newton-Sparta Road
Newton, NJ 07860
Phone: 973-383-4280
Frankford Joint Municipal Court
151 US Highway 206
Augusta, NJ 07822
Phone: 973-948-4045
Franklin Borough Municipal Court
46 Main Street
Franklin, NJ 07416
Phone: 973-827-9280
Green Township Municipal Court
39 Trinity Street
Newton, NJ 07860
Phone: 973-383-3521
Hamburg Municipal Court
65 Main Street
Sparta, NJ 07871
Phone: 973-729-3501
Hampton/Stillwater Municipal Court
888 Route 23
Wantage, NJ 07461
Phone: 973-875-7310
Hardyston Municipal Court
149 Wheatsworth Road
Hardyston, NJ 07419
Phone: 973-827-9280
Hopatcong Borough Municipal Court
111 River Styx Road
Hopatcong, NJ 07843
Phone: 973-770-1200
Montague Township Municipal Court
151 US Highway 206
Augusta, NJ 07822
Phone: 973-948-4045
Newton Town Municipal Court
39 Trinity Street
Newton, NJ 07860
Phone: 973-383-3521
Ogdensburg Borough Municipal Court
14 Highland Avenue
Ogdensburg, NJ 07439
Phone: 973-827-3895
Sandyston Township Municipal Court
Route 560 - Box 21
Layton, NJ 07851
Phone: 201-948-4089
Sparta Township Municipal Court
65 Main Street
Sparta, NJ 07871
Phone: 973-729-3501
Stanhope Municipal Court
111 River Styx Road
Hopatcong, NJ 07843
Phone: 973-770-1200
Stillwater Township Municipal Court
888 Route 23
Wantage, NJ 07461
Phone: 973-875-7310
Sussex Borough Municipal Court
888 Route 23
Wantage, NJ 07461
Phone: 973-875-7310
Vernon Township Municipal Court
21 Church Street
Vernon, NJ 07462
Phone: 973-764-4737
Joint Municipal Courts of Wantage, Sussex, and Stillwater
888 Route 23
Wantage, NJ 07461
Phone: 973-875-7310
Superior Courts in Sussex County
The Superior Court is the primary trial court in the New Jersey court system. This is where trials for indictable offenses are held, along with other types of trials for family law cases and civil lawsuits. The Superior Court for Sussex County is located in Newton:
Sussex County Superior Court
Sussex County Courthouse
43-47 High Street, Newton, NJ 07860
Phone: 862-397-5700
Appealing a Verdict
Not every criminal conviction is proper under the law. Judges, attorneys, and jurors are human, and sometimes a verdict is the result of mistakes that were made during the trial. If you are convicted of an indictable offense, and you and your attorney believe that mistakes were made during the trial that would support reversing the verdict against you, you can appeal to the New Jersey Appellate Division. The Appellate Division will not re-try your case; instead, it will examine the legal and factual arguments your attorney makes favoring reversal and will decide based on the state of the law, the record made at your trial, and the arguments made by your attorney and the prosecution on appeal. Depending on the situation, the Appellate Division can uphold the verdict against you, overturn it completely, or send the case back to the Superior Court with instructions that the court re-try the case or the portion of the case that is faulty.
There is also a Supreme Court in New Jersey that hears appeals from cases heard by the Appellate Division. However, the Supreme Court, in most situations, can pick and choose which cases it wants to hear, and as a result, it ends up hearing only a very small percentage of the cases that are presented to it.
Experienced Criminal Defense Attorney for Sussex County, New Jersey
If you've been accused of a crime in Sussex County, New Jersey—no matter how minor the offense—it is important that you choose an experienced and dedicated criminal defense attorney to help defend you and work to achieve the best outcome for your case. Joseph D. Lento has years of experience defending clients in Sussex County courtrooms. He understands how the courts, the prosecutors, and the judges work, and he will position your defense for the best possible outcome. Don't take chances with your future; hire an attorney with the experience and dedication to provide you with the best chance of success in your case. Contact the Lento Law Firm at (888) 535-3686 or through our contact form today to learn more about how we can help.
