New Jersey Criminal Defense Articles
Plain-language guides to New Jersey criminal courts and charges, with links to the statutes and court resources they are based on.
What to Do After an Arrest in New Jersey
Practical steps after you or a family member is arrested in New Jersey: your rights, complaint-summons vs. complaint-warrant, pretrial release, and what paperwork to keep.
Read more →New Jersey DWI Basics: Court, Penalties, and Refusal
A plain-language overview of DWI in New Jersey: why it is a traffic offense, how municipal court handles it, ignition interlock, refusal, and appeal deadlines.
Read more →The TRO and FRO Process in New Jersey: What Defendants Should Know
Served with a temporary restraining order in New Jersey? How TROs are issued, what happens at the final restraining order hearing, and why you must follow the order.
Read more →New Jersey Municipal Court Basics
What to expect in a New Jersey municipal court: which cases it hears, first appearances, the municipal public defender, discovery, plea agreements, and the 20-day appeal deadline.
Read more →Pretrial Intervention (PTI) in New Jersey: Who Qualifies and How to Apply
How New Jersey's Pretrial Intervention program works: eligibility, the application and fee, approval by the prosecutor and court, supervision of up to three years, and dismissal.
Read more →How to Appeal a Municipal Court Conviction in New Jersey (the 20-Day Deadline)
Convicted of DWI or a disorderly persons offense in NJ municipal court? You have 20 days to appeal to the Superior Court under Rule 3:23-2. Steps, transcripts, and what the judge reviews.
Read more →Can You Appeal a Final Restraining Order in New Jersey?
Yes. An FRO is a final judgment, so an appeal goes to the Appellate Division within 45 days under Rule 2:4-1. What gets reviewed, and the other option: asking the Family Part to dissolve the order.
Read more →Can You Get PTI for a Domestic Violence Charge in New Jersey?
PTI can be available in NJ domestic violence cases, but the statute requires a guilty plea for third- and fourth-degree DV crimes and for DV offenses committed while a restraining order was in place. Deadlines and how it works.
Read more →Was My Old Marijuana Case Expunged Automatically in New Jersey?
Many NJ marijuana and hashish cases from before February 22, 2021 were expunged by operation of law under N.J.S.A. 2C:52-6.1. Which cases qualify, what was vacated, and how it affects PTI (State v. Gomes).
Read more →How Much Does a DWI Cost in New Jersey?
The real cost of a New Jersey DWI: statutory fines by BAC level, the $125 court surcharge, the $100 AERF fee, IDRC fees, ignition interlock costs, and MVC insurance surcharges under N.J.S.A. 17:29A-35.
Read more →What Happens at a Grand Jury in New Jersey?
How a New Jersey grand jury decides whether to indict: 23 jurors, 12 votes needed, a closed session, the prosecutor's duty to present clearly exculpatory evidence (State v. Hogan), and what to do before the presentation.
Read more →What Happens If You Miss Your FRO Hearing in New Jersey?
If you were served with a TRO and miss the final restraining order hearing, the judge can go forward without you. What a default FRO means, and what to do now.
Read more →Can Police Search Your Car Because They Smell Marijuana in New Jersey?
Since February 22, 2021, the odor of cannabis alone is not reasonable suspicion of a crime in New Jersey (N.J.S.A. 2C:35-10c). What that means for stops and searches.
Read more →Is There a Graves Act Waiver for a First Gun Offense in New Jersey?
How N.J.S.A. 2C:43-6.2 works: the prosecutor's motion, probation or a one-year parole bar instead of the Graves Act minimum, and who decides.
Read more →Will I Go to Prison for a Third-Degree Crime in New Jersey?
Third-degree crimes carry 3 to 5 years, but first-time offenders are usually presumed not to go to prison. The exceptions, including the 2026 changes to N.J.S.A. 2C:44-1.
Read more →Can You Expunge a DWI or DUI in New Jersey?
New Jersey's ordinary expungement law excludes Title 39 DWI offenses. Understand the difference between expungement, a sentencing step-down, and record errors.
Read more →DWI vs. DUI in New Jersey: Is There a Difference?
New Jersey uses DWI and DUI for impaired-driving cases. Learn what the terms mean, which statute matters, and why DUI is not automatically a lesser charge.
Read more →Your First DWI Court Appearance in New Jersey
Prepare for your first NJ DWI court date: check the hearing notice, organize your paperwork, ask about counsel, and understand what may happen next.
Read more →New Jersey Assault Charges Explained
Facing an assault charge in New Jersey? Learn what the law covers, how charges are graded, and what your next step should be.
Read more →NJ DWI With an Out-of-State License: Next Steps
Arrested for DWI in New Jersey with an out-of-state license? Organize court notices, licensing questions, IDP requirements and travel plans.
Read more →Can NJ Prove DWI Without a Breath-Test Result?
A missing or excluded breath result does not automatically end an NJ DWI case. Learn about observational evidence, the burden of proof, and refusal charges.
Read more →NJ IDRC After a DWI: What to Expect
Understand NJ IDRC after a DWI: scheduling notices, screening, treatment referrals, completion records, and questions to ask before your appointment.
Read more →NJ DWI Charges: What Happens and What's at Stake
Charged with DWI in New Jersey? Learn how N.J.S.A. 39:4-50 works, what penalties apply by offense number, and what the IDRC requires.
Read more →Can You Expunge an Assault Charge in New Jersey?
Learn whether a New Jersey assault conviction or arrest record can be expunged, who qualifies, and how the waiting period works under N.J.S.2C:52-2 and 2C:52-3.
Read more →Can Prescription Medication Lead to a NJ DWI?
A prescription does not establish that driving is safe. Learn what to organize after a medication-related NJ DWI allegation and which questions to ask.
Read more →Restoring Your NJ License After DWI: A Checklist
Track NJ license restoration after DWI: court orders, program records, MVC notices, fees, interlock instructions and written confirmation.
Read more →
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