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 →Indictable Crimes vs. Disorderly Persons Offenses in New Jersey
New Jersey has no felonies or misdemeanors. Learn how indictable crimes and disorderly persons offenses differ in court, penalties, and process.
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.
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