Fighting Criminal Charges in Essex Fells and Throughout Essex County
You would very likely not be reading this if you or a loved one were not facing criminal charges. If that’s the case, please contact an Essex Fells criminal defense lawyer with the Law Offices of Jonathan F. Marshall immediately. We will walk you through what happens next, outline the penalties, and help you build a plan that fits your life, rather than the other way around. Our legal professionals will take the time to translate complex legal procedures into plain language, enabling you to make informed decisions.
We’ve tried cases in courtrooms across the state. An Essex Fells criminal defense attorney from our office will explain where your case will be heard, how charges get graded, and what tools we’ll use to push for dismissals, downgrades, or acquittals. One of our team members is waiting to give you a free case evaluation.
Where Your Case Will Be Heard, and What to Expect
Most matters that start in Essex Fells are heard in the shared municipal court serving Essex Fells and North Caldwell. Municipal courts handle non-jury cases and can impose jail sentences of up to six months for disorderly persons offenses, along with fines, license consequences, and other conditions.
Indictable offenses (what many states refer to as felonies) are transferred to the Essex County Superior Court in Newark. The Essex County Prosecutor’s Office handles those prosecutions, and the process can include grand jury review, motion practice, plea negotiations, and trial before a jury. We’ll map that path for you at the first meeting, so you know the checkpoints before they arrive.
An Essex Fells criminal defense lawyer will also flag administrative tools you may see along the way – like online municipal filings, plea-by-appointment procedures, or remote appearances – because those small process decisions can affect timing, calendars, and leverage.
Consequences and Sentences: What You Are Really Facing
Penalties depend on grading. Disorderly persons offenses carry exposure up to six months in jail and monetary penalties. Third-degree crimes typically carry sentences of three to five years in state prison; second-degree crimes carry sentences of five to 10 years. Knowing the range is crucial because it influences negotiations, diversion eligibility, and trial strategy.
Weapon cases deserve special attention. Unlawful possession under N.J.S.A. 2C:39-5 is often charged as a second- or third-degree offense, and many firearm matters trigger the Graves Act’s mandatory-minimum rules. The Legislature increased the minimum sentence to 42 months in 2013. An Essex Fells criminal defense attorney from our office will examine whether the Graves Act truly applies and whether a waiver is viable. We will also examine whether suppressing illegally obtained evidence can remove the mandatory term from the equation.
If your case involves shoplifting allegations, an Essex Fells criminal defense lawyer will walk you through New Jersey’s shoplifting statute, N.J.S.A. 2C:20-11. Grading hinges on alleged value and other factors, and recent legislative changes addressing organized retail theft can significantly increase penalties. We’ll evaluate whether the proof actually fits the statute and whether the evidence even supports an “organized retail theft” add-on.
How We Build Your Defense
We begin by gathering evidence, such as police reports, video footage, body-worn camera footage, 911 audio recordings, lab results, and inventory logs. We then match those materials against the rules of evidence and constitutional requirements. An Essex Fells criminal defense attorney will file motions to suppress when a stop, search, or seizure falls short, and we will challenge identification procedures if they were suggestive or conducted in a rushed manner.
For weapons charges, we focus on possession, knowledge, and transport exceptions, along with licensing paperwork trails. We’ll test the stop that led to the recovery and scrutinize the chain of custody. Our team will also gather ballistics or operability opinions, as well as determine whether the item meets the statutory definition. We’ll press for diversion where appropriate – such as Pretrial Intervention in Superior Court or Conditional Dismissal in Municipal Court – because clean exits are often the best outcomes.
When diversion is not available, your Essex Fells criminal defense lawyer will negotiate targeted plea structures. These structures include:
- Downgrades from indictable to disorderly persons charges.
- Civil compromises when statutes allow.
- Restitution arrangements that eliminate custodial exposure.
- Sentence recommendations that keep you working and with your family.
What Sets Our Criminal Defense Firm in Essex Fells Apart?
Scale matters. We’re the largest criminal defense law firm in New Jersey, with 15 professionals focused 100% on criminal cases and more than 10 offices. That reach includes regular appearances in virtually every local court and working relationships throughout Essex County and the surrounding vicinages. An Essex Fells criminal defense lawyer from our office will give you clear, solution-focused advice about short-term choices and long-term consequences, then build a tailored plan that advances your goals without wasted motion.
We never forget that outcomes are personal. A suspended license, loss of firearm rights, a record that blocks employment, or being months away from family all have different impacts for each client. We will align our strategy with your risk tolerance and timeline, then keep you informed so that decisions are made with full context.
An Essex Fells criminal defense lawyer will meet with you at no cost to size up the file and outline a plan. If we work together, our team will keep you informed, protect your rights at every step, and fight for the outcome that allows you to move forward. Contact us online for a free case review to learn more.
Essex Fells Criminal Defense FAQs
Will my Essex Fells case stay in municipal court?
If it is a traffic, ordinance, or disorderly persons matter, it typically stays in municipal court. Indictable crimes are transferred to the Essex County Superior Court in Newark.
How serious is an unlawful possession of a weapon charge?
Many firearm cases carry mandatory minimum prison terms under the Graves Act, unless a waiver applies, so early motion practice and waiver advocacy are critical.
Can shoplifting charges be dismissed or downgraded?
We often challenge value, identification, and chain of custody and pursue diversion programs like PTI or Conditional Dismissal when the law allows.
Do I have the right to a jury trial in municipal court?
Municipal courts decide cases without a jury, although jail time of up to six months is possible for qualifying offenses.
What will you do at the start of my case?
We’ll gather evidence, analyze search and seizure issues, and file targeted motions while opening negotiations that reflect both the facts and the sentencing landscape.
