Time can matter in a criminal defense case. The period immediately after an arrest, investigation, or criminal charge may involve employment concerns, professional licensing issues, security clearance questions, No Contact Orders, release conditions, and other consequences that begin before the case is resolved.
If you face criminal accusations, you do not have to wait until your first court appearance to seek legal guidance. The Law Offices of Jonathan F. Marshall represents individuals facing charges in Westwood and throughout Bergen County. Contact our firm for a free consultation with an experienced Westwood, NJ criminal defense lawyer who can review the allegations and begin evaluating your options.
Our team understands that criminal matters do not always arise during normal business hours. Early communication allows defense counsel to begin reviewing the situation, protecting against unnecessary statements, preserving evidence, and preparing for the next stage of the case.
Why Clients Trust The Law Offices of Jonathan F. Marshall
Our firm brings more than 200 years of combined criminal defense experience. With approximately 20 attorneys focused on criminal defense, The Law Offices of Jonathan F. Marshall handles matters ranging from municipal offenses to serious indictable criminal charges throughout New Jersey.
Our attorneys draw on extensive courtroom, investigative, negotiation, and trial experience when representing clients. The size of the team also allows lawyers to collaborate when a case involves complex evidence, serious charges, or multiple legal issues.
Former Prosecutors
Our team includes former County Prosecutors and former municipal prosecutors who have experience evaluating criminal allegations from the prosecution side. Several attorneys held leadership positions involving Major Crimes, Special Victims, Domestic Violence, Juvenile, and Trial Division matters.
That background can provide useful perspective when analyzing how prosecutors may evaluate evidence, charging decisions, witness credibility, negotiations, and potential trial issues.
Certified Criminal Trial Lawyers
Our attorneys regularly appear in Bergen County courts and defend clients in municipal and Superior Court proceedings. Familiarity with New Jersey criminal procedure helps our lawyers prepare clients for the court process and identify issues that may require immediate attention.
Our firm also maintains certified criminal trial lawyers on staff and includes attorneys with decades of experience trying criminal cases to verdict. Trial preparation can matter even when a case ultimately resolves without a jury trial because it requires the evidence, witnesses, and legal issues to be evaluated thoroughly.
You can also review examples of prior matters through our case results.
The Importance of Early Legal Representation
Some criminal matters begin before formal charges are filed. Police may be gathering evidence, speaking with witnesses, requesting an interview, executing search warrants, or deciding whether an allegation should proceed further.
Legal representation during this stage can help manage communication with investigators, preserve relevant information, and identify potential constitutional or evidentiary issues before the case develops further.
If charges have already been filed, early representation remains important. Release conditions, discovery, statements, surveillance footage, witness memories, and procedural deadlines can all affect what options remain available later. The sooner the defense understands the allegations and evidence, the sooner a strategy can begin taking shape.
Guiding You Through the Criminal Defense Process
New Jersey criminal cases can follow different paths depending on whether the charge is handled in municipal court or prosecuted as an indictable offense through Superior Court. Understanding that process can help reduce uncertainty and allow you to make more informed decisions.
Investigation and Arrest
A criminal case may begin with an investigation, traffic stop, complaint, search, or arrest. Police may gather physical evidence, speak with witnesses, review video or digital records, and request statements from the person under investigation.
During this stage, constitutional protections can become particularly important, including:
- the right to remain silent;
- the right to counsel in applicable circumstances;
- Fourth Amendment protections against unreasonable searches and seizures;
- Fifth Amendment protections against compelled self-incrimination; and
- Miranda protections during custodial interrogation.
First Appearance and Pretrial Release
After an arrest, the next steps depend on the charge and whether the accused is released or remains in custody. In serious cases, a defendant may face a first appearance or detention hearing in Bergen County.
These proceedings can address release conditions and whether the defendant will remain detained while the case is pending. Defense counsel can begin preparing information relevant to release while simultaneously evaluating the allegations and evidence underlying the criminal charge.
County-Level Processing of Indictable Charges
When a Westwood case involves an indictable offense, it may move from the local level into Bergen County’s criminal court system. Certain matters may pass through Central Judicial Processing in Bergen County during the early stages of the case.
The precise procedure depends on the charge and how prosecutors elect to proceed. County-level cases can involve formal discovery, motions, grand jury proceedings, negotiations, and potentially trial in Superior Court.
Discovery and Pretrial Proceedings
The period before trial is used to review the prosecution’s evidence and identify legal, factual, and procedural issues that may affect the case. Depending on the allegations, defense counsel may address:
- discovery requests and review;
- police reports and witness statements;
- surveillance, body-camera, or dashboard-camera footage;
- motions to suppress evidence or statements;
- motions challenging the legal sufficiency of the charges;
- plea or diversion negotiations;
- witness interviews; and
- expert consultation when appropriate.
Grand Jury Proceedings for Indictable Crimes
Indictable criminal charges may be presented to a grand jury as part of the Superior Court process. The grand jury determines whether sufficient evidence exists to return an indictment and allow the prosecution to continue on the charges presented.
Defense strategy during this stage depends on the circumstances of the case, the available evidence, and the procedural options that may apply.
Negotiation and Resolution
Not every criminal case proceeds to trial. Depending on the evidence and circumstances, a case may end through dismissal, diversion, a negotiated reduction, a plea agreement, or another resolution.
Defense counsel should evaluate any proposed resolution against the strength of the prosecution’s evidence, potential penalties, available defenses, and the client’s long-term interests rather than viewing a plea offer in isolation.
Trial
When a case cannot be resolved appropriately before trial, defense counsel must be prepared to challenge the State’s evidence in court. Trial preparation can include witness examination, evidentiary motions, expert testimony, physical or digital evidence, and arguments concerning whether the State has satisfied its burden of proof.
Depending on the proceeding, trial preparation may involve:
- jury selection in applicable cases;
- opening statements;
- presentation of prosecution evidence;
- cross-examination of prosecution witnesses;
- presentation of defense evidence when appropriate;
- closing arguments; and
- jury instructions and deliberation in jury trials.
Sentencing
If a conviction occurs through a plea or trial, the court determines the sentence based on the offense, applicable statutes, prior history, aggravating and mitigating circumstances, and other relevant factors.
Defense counsel can present mitigation and argue for appropriate sentencing alternatives when they are legally available.
Appeals and Post-Conviction Matters
Some criminal cases continue after conviction or sentencing. Depending on the circumstances, post-conviction options may include:
- direct appeals;
- post-conviction relief petitions;
- expungement applications;
- sentence modification requests; and
- parole or probation matters.
Criminal Cases Our Westwood, NJ Criminal Defense Lawyer Team Handles
Our firm represents clients facing a wide range of criminal allegations in Westwood and throughout Bergen County. These matters include:
- Assault and aggravated assault charges
- Theft and burglary charges
- White-collar offenses
- Domestic violence allegations
- DWI and DUI charges
- Drug possession and CDS charges
- Weapons and firearms charges
- Sex crime allegations
- Juvenile offenses
- Federal crimes
New Jersey Criminal Offense Classifications and Penalties
New Jersey generally refers to more serious criminal offenses as indictable crimes rather than using the felony terminology common in many other states. Disorderly persons and petty disorderly persons offenses are generally handled in municipal court, while indictable offenses proceed through Superior Court.
Disorderly Persons Offenses
Disorderly persons offenses are handled in municipal court and can result in incarceration, fines, and other consequences. Although they are less serious than indictable crimes, they should not be treated as insignificant.
Petty Disorderly Persons Offenses
Petty disorderly persons offenses are also handled in municipal court and generally involve lower maximum penalties than standard disorderly persons offenses.
First-Degree Indictable Crimes
First-degree crimes are among the most serious offenses prosecuted under the New Jersey Code of Criminal Justice and can involve substantial prison exposure under N.J.S.A. 2C:43-6.
Second-Degree Indictable Crimes
Second-degree charges can also carry substantial sentencing exposure. The specific penalties depend on the offense and other statutory requirements that apply to the case.
Third-Degree Indictable Crimes
Third-degree crimes include a variety of offenses under New Jersey law. Potential sentencing consequences depend on the charge, prior record, and other circumstances.
Fourth-Degree Indictable Crimes
Fourth-degree crimes are the lowest degree of indictable offense in New Jersey but may still involve incarceration and a criminal record. The appropriate defense should be based on the actual charge and evidence rather than its degree alone.
Frequently Asked Questions About Criminal Defense in Westwood, NJ
Should I contact a lawyer before I am formally charged?
Legal guidance can be useful before formal charges are filed when police are investigating an allegation, requesting an interview, or seeking evidence. An attorney can help you understand your rights and manage communication during the investigation.
Where will my Westwood criminal case be heard?
The court depends on the charge. Municipal-level offenses and many traffic matters may be handled locally, while indictable criminal charges generally proceed through Bergen County Superior Court.
Can I be held in jail while my case is pending?
In some cases, prosecutors may seek pretrial detention. The court can consider the allegations, prior history, and other relevant factors when deciding whether release is appropriate and what conditions should apply.
Can criminal charges be dismissed or reduced?
Possibly. Evidentiary weaknesses, constitutional issues, inability to prove an element of the offense, diversionary eligibility, and negotiations can all affect how a criminal case proceeds. The available options depend on the individual case.
Should I explain my side of the story to police?
Statements made during an investigation can later become evidence. Before discussing the substance of an allegation with law enforcement, legal guidance can help you understand your rights and the possible consequences of making a statement.
How long will my criminal case take?
There is no single timeline. The length of a case can depend on the charge, court, discovery, motion practice, negotiations, scheduling, and whether the matter proceeds to trial.
Speak to a Westwood, NJ Criminal Defense Lawyer
Criminal charges can affect your freedom, career, family, and future opportunities. Early legal guidance can help you understand the allegations, court process, evidence, and options available before important decisions are made.
The Law Offices of Jonathan F. Marshall represents individuals facing criminal charges in Westwood and throughout Bergen County. Our team includes former prosecutors, certified criminal trial lawyers, and attorneys with decades of criminal courtroom experience.
Contact our firm for a free consultation with a Westwood, NJ criminal defense lawyer who can review your situation and explain the next steps.
