It’s common to think that the only stages in a criminal case are the arrest, the trial, and the verdict. But if you or a loved one is facing arraignment in Middlesex County NJ, you’ve realized just how complex this process actually is.
With over 25 years of experience successfully defending clients, I know exactly how overwhelming all of this might be for you. The biggest thing to remember is that even at this stage, you have rights—including the right to hire a knowledgeable NJ criminal defense attorney like myself.
I wrote this article about arraignment in Middlesex County, NJ to help you better understand all of your rights and the possible outcomes of this situation. For a free case evaluation regarding your specific case, contact me now at (732) 246-0888.
What is an Arraignment in Middlesex County, NJ?
An arraignment in Middlesex County, NJ is typically your first formal court appearance following your arrest. Here’s what happens during the arraignment:
- You’re officially informed of the charges against you
- Your constitutional rights are explained, including your right to an attorney
- You enter an initial plea of Guilty, Not Guilty, or No Contest
- The judge will decide whether you’ll be released or detained until your trial date
In most cases, this step will happen within 48 – 72 hours of your arrest. Keep in mind that your arraignment is not your trial—which means your guilt or innocence isn’t decided at this stage.
This is why I almost always recommend that my clients plead Not Guilty. If you plead Guilty at this stage, you’ll skip past any other opportunities to prove your innocence.
Legal Procedures and Your Rights During Arraignment
The legal procedures followed during your arraignment can vary slightly, depending on the nature of your charges. Let’s start with disorderly persons offenses, also known as misdemeanors in other parts of the US.
An arraignment for any offense at this level will usually happen at the municipal courthouse in the town where the alleged offense occurred. In this scenario, it’s also somewhat common for your arraignment to happen within a couple of weeks of your arrest instead of a few days.
For more serious crimes—known as indictable offenses—the state prioritizes speedy arraignments. Instead of appearing at a municipal court, you’ll go through Central Judicial Processing (CJP) in New Brunswick.
You also most likely won’t be allowed to enter a plea. Instead, a plea of Not Guilty will be automatically chosen for you.
Otherwise, you have the exact same rights during your arraignment, regardless of the nature of your charges:
- The right to know the charges against you
- The right to remain silent
- The right to hire an attorney
- The right to reasonable release conditions
Types of Pleas in Middlesex County Arraignments
As I mentioned above, you have three types of plea options during your arraignment: Not Guilty, Guilty, and No Contest, also known as Nolo Contendere.
The most commonly chosen plea during arraignments is Not Guilty. This means you disagree with the charges against you. You aren’t required to give up any of your rights in order to plead Not Guilty.
When you plead Not Guilty, you and your defense attorney will be given time to review the evidence and build a defense strategy ahead of your trial.
If you plead Guilty, you’re confessing to the charges right then and there. This will result in either an immediate sentencing or a date for a separate sentencing hearing. There is virtually no scenario in which I’d suggest pleading Guilty.
Lastly, you can plead No Contest or Nolo Contendere, which is the official Latin phrase. This means you’re not disagreeing with the charges, but you aren’t directly confessing either.
No Contest pleas are fairly uncommon. They tend to be suitable in scenarios where we need to minimize your civil liability or we’ve agreed to a plea bargain with the prosecution.
How an Experienced Middlesex County Criminal Defense Lawyer Can Help
A conviction on your record—whether for an indictable offense or a disorderly persons offense—can impact every single aspect of your life, from your job to your housing. Having an experienced, dedicated lawyer like myself present during your arraignment in Middlesex County NJ can make all the difference
As your NJ criminal defense attorney, I’ll use my extensive legal knowledge and 25+ years of experience to create a personalized defense strategy. I also pride myself on being available to answer your questions at any time.
Most importantly, I’ll be by your side for every step of your case, not just your arraignment. If you’re ready to take the first step towards a better future, call (732) 246-0888 today for your free case evaluation.
FAQs About Arraignment in Middlesex County NJ
How is bail determined at an arraignment in Middlesex County, NJ?
Thanks to New Jersey’s 2017 bail reform legislation, there is no longer any kind of bail in Middlesex County criminal cases. Instead, the entire state now uses a risk-based system.
The judge will assess how much of a risk you are. This includes risks to the community’s overall safety and risks that you’ll flee before your trial.
If your past criminal record and current behavior show that you’re low-risk, you’ll be released on probation until your trial. If you’re seen as high-risk, you’ll be detained until your trial.
Can I travel after an arraignment in Middlesex County, NJ?
Whether you can travel after an arraignment in Middlesex County, NJ depends on the conditions set by the court. The judge has the right to impose travel restrictions, including:
- Limiting your travel to within a specific area
- Requiring that you get written permission from the court before you travel
- Requiring you to surrender your passport to prevent international travel
If you violate any of the court-imposed conditions, you can easily find yourself detained and facing much steeper legal consequences than you currently are.
How can I expunge records related to an arraignment in Middlesex County, NJ?
You can expunge records related to an arraignment in Middlesex County, NJ by meeting the following guidelines and filing an expungement petition:
- Your arrest ultimately results in acquittal or not being convicted
- You have no pending charges at the time you apply for expungement
- You have no more than two prior disorderly persons offense convictions
- You have no more than one prior indictable offense conviction
- It’s been at least five years since completing your sentence (for disorderly persons offenses)
- It’s been at least 10 years since completing your sentence (for indictable offenses)
But there are quite a few more additional nuances and factors that determine whether you’re eligible for expungement. Plus, even if you’re eligible, the court has the right to deny your request.
Working with an experienced, dedicated NJ criminal defense lawyer like myself is the best way to understand this process and follow the numerous protocols. Contact me at (732) 246-0888 to discuss expunging records related to your arraignment in Middlesex County NJ.