Last reviewed . Law current as of October 2026.
After an arrest in New Jersey: stay calm, do not discuss the facts with police or on jail phones, keep every piece of paperwork, and note the court and date on it. Find out whether the charge came on a complaint-summons (an order to appear) or a complaint-warrant (which can mean being held until a judge makes a release decision, no later than 48 hours after you are jailed, under N.J.S.A. 2A:162-16). Then talk with a defense lawyer before the first court date.
1. Use your right to remain silent
You can politely decline to answer questions about the facts and ask for a lawyer. Calls from county jails are usually recorded, so family members should not discuss what happened on those calls either.
2. Know which charging document you have
A complaint-summons orders you to appear in court on a date. A complaint-warrant allows police to hold you. Under New Jersey's Criminal Justice Reform system, which replaced most cash bail on January 1, 2017, a person held on a complaint-warrant gets a risk assessment, and the judge must make a pretrial release decision no later than 48 hours after the person is jailed (N.J.S.A. 2A:162-16). The prosecutor can ask for pretrial detention in some cases. See NJ Courts: Criminal Justice Reform.
3. Keep the paperwork
- The complaint or summons, with the complaint number
- Any release order and its conditions
- Tickets, and any breath test or license paperwork if it was a DWI
- Property receipts and any restraining order
4. Follow release conditions exactly
Release can come with conditions such as reporting to Pretrial Services or no contact with certain people. Violating them can lead to new charges or detention. If a temporary restraining order was issued, follow it even if the other person contacts you.
5. Find out which court has the case
Lower-level offenses and DWI are generally in the municipal court where the incident happened. Indictable crimes go to the Superior Court, Criminal Division, in the county. See indictable vs. disorderly persons offenses.
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.