New Jersey is the most populated state in the country. In addition, it is also one of the safest states in the US. So, when you have been charged for committing a prohibited act under the criminal code of New Jersey, the government entity who brought the charge becomes the plaintiff, and you become the defendant.
New Jersey is represented by the prosecutor, who will attempt to get a verdict for the highest charges available under the state of New Jersey criminal investigations defense law. The state in a criminal case may be a local jurisdiction, like a city or town but is referred to as the state as a government division. New Jersey criminal law can be complex and confusing to navigate. In this short guide, you will learn about the criminal defense laws in New Jersey.
Felonies and Misdemeanors of New Jersey:
Unlike other states of the US, New Jersey doesn’t classify its crime as Felonies or Misdemeanors. Instead, it has 3 unique crime classes, which are as follows:
Indictable offenses.
These crime classes are further divided into different degrees. The most serious crime under New Jersey criminal investigations defense law is indictable offenses. Additionally, it has four degrees, the lowest of which include certain robbery and DUI offenses, forgery, and stalking. In these offenses, the penalties include up to a $200,000 fine and between 18 months and a life imprisonment sentence.
On the other hand, disorderly person offenses are less serious than indictable offenses but are still as serious as assault and resisting arrest, with up to a $1000 fine as a penalty and up to 6 months in jail. Among all, petty disorderly offenses are the lowest class of crimes. It includes penalties of up to a $500 fine and no more than 30 days in prison.
Criminal Defense Laws in New Jersey:
Under the US Constitution, if you commit a crime, you still have the right to hire a lawyer to represent you in the criminal court where your case will be heard. As the defendant in the case, your lawyer is also known as a criminal defense lawyer. It is because their job is to defend you against the state’s charges legally. On the other hand, the state must prove all of its allegations “beyond a reasonable doubt.” However, in most serious criminal cases, you have the right to choose your case by jury. Several factors enter into what a criminal defense entails. Here are some common factors that can determine the success of your case.
Statute Law:
In New Jersey, the written laws of the state are contained in the NRS. However, the NRS lays out the law of the State of Nevada in sections and covers everything. It will include how the government of the state, counties, and cities are structured, the designation of state officers, how different departments of the state operate, traffic laws, civil laws, criminal laws, and several others. Any charge against you in the state is governed by the law contained in the NRS. It includes punishment upon conviction of charges, including costs, fees, jail or prison time, participation in rehabilitation programs, probation and parole, and when or if they apply, among several others. NRS is the product of the state, which creates the laws and updates them from time to time as required. Keep in mind that a detailed working knowledge of statute law is important in any criminal defense, and its correct application is necessary.
Case Law:
While statute law is the written law of New Jersey, judicial review of laws through appeals can also result in either the change or striking down of laws. The New Jersey Supreme Court is the court of highest authority in the state and can determine statutes to be unconstitutional under the state’s constitution. However, proper knowledge and application of case law in a criminal proceeding can be very important to the successful New Jersey criminal investigations defense of a person’s charges under the statutes.
Conclusion:
Criminal defenses are very important to guarantee that the accused gets as much punishment as is deserved. You must know your rights to get a New Jersey criminal investigations defense. You must also hire a well-experienced criminal defense lawyer to represent you in court.
