After an arrest, it can be difficult to know where to turn for help. Especially for those who have never before been charged with a crime, this is a difficult experience to endure. Learning as much as possible about the path that lies ahead, however, can eliminate some of the confusion and put your mind more at ease. That's why the team at the Lento Law Firm has created this brief primer on the justice system of Middlesex County. We invite you to read through it, then contact us to ask any questions you might have about the particulars of your case and to schedule a consultation.
New Jersey's Names for Crimes
Before we go much further, a note about how New Jersey terms the two levels of crime that are known elsewhere as felonies and misdemeanors. In the Garden State, including Middlesex County, these are known respectively as “indictable offenses” and “disorderly persons crimes.” As you may hear these words as you proceed through the court system, it's a good idea to familiarize yourself with them so you can understand what's happening.
How an Arrest Will Affect You and Your Family
Everyone understands the serious impact a criminal conviction can have on one's life. Not as many people realize that simply being charged with a crime is also extremely disruptive to the lives of not only the alleged criminal but also their family.
New Jersey's bail reform law of 2017 made sweeping changes in how arrestees are handled in Middlesex County and around the state. Bail is no longer the default. Instead, everyone who is charged with a crime will attend a detention hearing. There, the judge can determine the risk of releasing that individual on their own recognizance. In some cases, the person will be remanded, which means they will remain in jail until their trial. The majority, however, will be given an appearance date and allowed to go home on what's called a conditional release. These conditions may include:
- Travel restrictions
- Periodic check-ins with law enforcement agencies
- Abstinence from drug or alcohol use
- Continued employment (or an active search for employment)
- A curfew
Sometimes the accused person will be released to the custody of a designated person (such as a parent or other relative), who then becomes responsible for helping the accused to comply with the other conditions.
This time between the arrest and the resolution of your case may be fraught with fear, anger, depression, and regret—but it is also extremely valuable. Taking advantage of your temporary freedom to consult with Joseph D. Lento can pay off when it comes time to plead your case.
The Consequences of Conviction
The next milestone in this unpleasant journey is your appearance date. Best-case scenario? The charges against you are dropped, or you and your attorney are able to reach an agreement with the state, and you take a plea deal. It's also possible, depending on the circumstances of the crime and charges, for you to enter a pretrial diversion program. These are agreements in which the defendant enters rehab, takes educational courses, does some community service, or fulfills other obligations in order to avoid going to trial and, ostensibly, incarceration.
The worst-case scenario when you are charged with a crime, of course, is going to trial and losing your case. A criminal conviction entails multiple consequences—some specific and concrete, others nebulous and hard to quantify, but all of them taking a tremendous toll on you and your family. These include:
- Incarceration
- Fines
- Mandatory community service
- Probation
- “House arrest” or being monitored with an electronic device
- Financial problems. Obviously, if you are incarcerated, you will not be able to hold down a job that supports your family. Fines can also take a chunk out of your checking or savings accounts.
- Trouble obtaining employment. It's very likely that, after you've done your time in jail and been released, you may have difficulty finding a job as a felon. You could have trouble finding a job in your field or one that was as good as your pre-arrest position.
- Issues with housing. Landlords may not be willing to rent to you if a background check reveals your conviction.
- Custody challenges. If you share custody of your children, a conviction might change your legal right to see your children.
- Emotional issues. There's a serious stigma attached to crime and convicted criminals. That will have an impact on your life, no two ways about it. You could lose friends, be shut out by family members, and even suffer depression and/or anxiety yourself.
As you can see, being found guilty of a crime is detrimental to your current state, your future well-being, your relationships with family and friends, and even the practical day-to-day details of your life. This experience will change you. Of course, it is certainly possible to overcome the challenges posed by a criminal conviction. Lots of people in this situation are able to turn over a new leaf and lead a very productive, happy, and upstanding life. But it can be a long and difficult row to hoe.
How to Minimize the Damage and Move Forward
What's done is done. As much as you'd like to go back in time and make different decisions than the ones that landed you in this predicament, that's not possible. The only thing to do now is to move forward; your next step should be calling the Lento Law Firm.
Joseph D. Lento and the team will stand by your side through the whole process, lending their expertise and doing everything in their power to minimize the damage done by your crime. Call them at 1-888-535-3683 or use this form to tell them about your case.
