After an arrest in New Jersey, the safest immediate steps are to remain calm, exercise your right to remain silent, ask to speak with an attorney, and avoid discussing the allegations with anyone other than your lawyer.
At The Law Office of Christopher St. John, we help people protect their rights and respond to criminal charges in Southern New Jersey. This article explains what happens immediately after an arrest and what you should do as your case moves forward.
What Does the Arrest Process Generally Look Like?
After an arrest, you’ll go through the booking process. This is when officers record your identifying information and create a formal record of the arrest, including your fingerprints and photograph.
The court then issues a complaint-summons or a complaint-warrant. A complaint-summon allows you to be released with a date to appear in court. However, more serious charges, such as robbery, require a complaint-warrant, which means you remain in custody and are taken to the county jail.
Once there, your first court appearance must take place within 48 hours of your commitment to the county jail. During the hearing, the judge explains the charges and your rights and addresses your pretrial release.
Exercise Your Right to Remain Silent
Your right to remain silent applies from the beginning of the process. Once you’re in custody, you don’t have to answer questions about the alleged offense.
Tell officers clearly that you’re exercising your right to remain silent and want to speak with an attorney before answering questions. Avoid trying to explain what happened, since your statements can become part of the case against you.
Ask to Speak With a Criminal Defense Attorney
Once you ask to speak with an attorney, officers must stop questioning you until one is present. Getting legal help early allows your attorney to:
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Review the evidence and how it was obtained
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Identify legal issues that could affect your case
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Explain what information or evidence you should preserve
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Prepare for upcoming court proceedings
Be Careful About Searches and Discussing Your Case
If officers ask to search you or your property, tell them you don’t consent, but don’t physically resist the search. Also, be careful about discussing your case with other people or posting about it online. Keep the details of your case between you and your attorney.
Follow Your Release Conditions and Court Dates
If you’re released while your case is pending, make sure you understand and follow the conditions set by the court. These can include travel restrictions or orders not to contact certain people.
You also need to attend every scheduled court date. Violating your release conditions or missing court could even lead to you being taken back into custody.
Talk to a New Jersey Criminal Defense Attorney
The steps you take after an arrest affect your rights and how your case moves forward. The Law Office of Christopher St. John can review the circumstances of your arrest and explain your legal options. Contact us online or call 856-517-2958 to discuss your case.
Christopher St. John
Tess Berkowitz