New NJ Court Rule: 60 Days to Hire a Lawyer & Appear in Court if Arrested

New Jersey has recently enacted new Court Rules which will become fully effective September 1, 2016. The new rule requires that anyone who is arrested for an indictable offense MUST appear in court within sixty (60) days from the date of arrest.

So, for example, if a person is charged with a crime that is going to be heard in Superior Court, that person will have to go before a Superior Court Judge sooner than in the past. The reasons behind this rule change are many, but streamlining the process was a primary concern.

The upside to this rule change is that criminal cases are, in theory, supposed to move quicker now. The downside is that if a person is to appear before a judge sooner then that person better hire a lawyer sooner, too!

Think about it, if the timeframe from arrest to first appearance is only sixty (60) days, then there is a short time to consult with and hire private counsel.

Why would you want to have a lawyer appear with you at the first interaction with the court? Well, at that first appearance the Court will advise you of the charges you face and certain options (Pre-Trial Intervention for example) that may be available to you. This information can be confusing and overwhelming and so having a seasoned legal professional to guide you through the process is valuable.

After that first appearance the court is now required to schedule a pre-indictment disposition conference. The term pre-indictment refers to the time period when a case is formally before the court but has not yet been presented to the Grand Jury.

Now, under the rules, the time from the arraignment (that first appearance) to the pre-indictment conference has to be forty-five (45) days or less.

So, you can see, the process moves quickly. What is troubling is that the pre-indictment disposition conference mentioned above is a time when the prosecutor will likely offer plea deals.

However, the prosecutor is not obligated, yet, to reveal the full discovery in the case. This means that if you are charged with a crime, you could, theoretically, be offered a plea deal, without even knowing the evidence which the State plans to use against you.

The new rules govern certain procedures for the remainder of the criminal case process. The above synopsis is meant only to provide the reader with a brief introduction to the new practice. What is important to take away from this review is the fact that if you or someone you know is charged with a crime it is now more important than ever to get an attorney involved quickly.

The law firm of Gruber, Colabella, Liuzza and Thompson can help. Please call today to set up your free consultation.