The New Jersey criminal defense team at Afonso & Archie answers common questions about California criminal law.
To help provide insight, we’ve listed some of our frequently asked questions. Conact the law offices of Afonso & Archie at (856) 786-7000.
- What is the difference between federal and state criminal charges?
Federal criminal charges are brought by the United States government and generally involve violations of federal law, such as tax evasion or drug trafficking across state lines. State criminal charges are brought by the New Jersey state government and involve violations of state law, such as theft or assault. Some relevant case law and statutes include: the Federal Criminal Code (18 U.S.C.), the New Jersey Code of Criminal Justice (N.J.S.A. Title 2C), and United States v. Lopez, 514 U.S. 549 (1995). - What types of cases do you handle as a criminal defense lawyer?
The Afonso & Archie team (856) 786-7000 handle a wide range of criminal cases, including drug offenses, white-collar crimes, violent crimes, sex crimes, and DUIs (known as DWI in New Jersey). Some relevant case law and statutes include: State v. Hessen, 145 N.J. 441 (1996), New Jersey’s Three Strikes Law (N.J.S.A. 2C:43-7.1), and Miranda v. Arizona, 384 U.S. 436 (1966). - What should I do if I am arrested?
If you are arrested, you have the right to remain silent and the right to an attorney. It is important to exercise these rights and contact a criminal defense lawyer as soon as possible. Some relevant case law and statutes include: Miranda v. Arizona, 384 U.S. 436 (1966), and N.J.S.A. 2A:162-15 (New Jersey’s bail reform law). - What happens at an arraignment?
At an arraignment, the charges against you are read, and you enter a plea of guilty or not guilty. Bail may also be set at this time. Some relevant case law and statutes include: N.J.S.A. 2C:12-1 (assault statute) and Boykin v. Alabama, 395 U.S. 238 (1969). - What is the difference between a misdemeanor and a felony?
New Jersey does not classify crimes as misdemeanors or felonies. Instead, crimes are categorized as indictable offenses (serious crimes), disorderly persons offenses (similar to misdemeanors in other states), and petty disorderly persons offenses. Some relevant case law and statutes include: N.J.S.A. 2C:1-4, and State v. Livingston, 172 N.J. 209 (2002). - What is a plea bargain?
A plea bargain is an agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty in exchange for a reduced sentence or lesser charges. Some relevant case law and statutes include: N.J.S.A. 2C:35-12 (drug offense plea bargaining) and Brady v. United States, 397 U.S. 742 (1970). - What are my options if I am not guilty?
If you are not guilty, the burden is on the prosecutor to prove the case beyond a reasonable doubt. Your lawyer will challenge the prosecutor’s evidence and argue that there is not enough evidence for a conviction. Some relevant case law and statutes include: N.J.R.E. 101 (New Jersey Rules of Evidence) and In re Winship, 397 U.S. 358 (1970). - Can I appeal a conviction?
Yes, you can appeal a conviction if you believe your rights were violated or that there was a legal error in your trial. Some relevant case law and statutes include: N.J.S.A. 2C:44-1 (sentencing guidelines) and United States v. Booker, 543 U.S. 220 (2005). - What happens if I violate my probation?
If you violate probation, you may face additional penalties, including jail time. Some relevant case law and statutes include: N.J.S.A. 2C:45-3 and Morrissey v. Brewer, 408 U.S. 471 (1972). - What is the difference between probation and parole?
Probation is an alternative to incarceration, while parole is supervised release after serving time in prison. Some relevant case law and statutes include: N.J.S.A. 2C:43-2 (sentencing alternatives) and Morrissey v. Brewer, 408 U.S. 471 (1972). - What should I do if I am facing federal charges?
If you are facing federal charges, you should seek a criminal defense lawyer with federal case experience. Some relevant case law and statutes include: the Federal Rules of Criminal Procedure, the Federal Sentencing Guidelines, and United States v. Booker, 543 U.S. 220 (2005). - What is a grand jury?
A grand jury determines whether sufficient evidence exists to bring criminal charges. Some relevant case law and statutes include: N.J.S.A. 2B:22-1 (grand jury statute) and United States v. Williams, 504 U.S. 36 (1992). - What is the difference between a public defender and a private criminal defense lawyer?
A public defender is appointed to represent defendants who cannot afford an attorney, while private defense lawyers are hired directly by defendants. - How long does a criminal trial take?
The duration of a trial varies depending on complexity. Some trials last a day, while others take weeks or months. - What happens if I am found guilty?
If found guilty, you will be sentenced according to New Jersey’s sentencing laws, which may include fines, probation, or incarceration. - What is a preliminary hearing?
A preliminary hearing determines whether there is enough evidence to proceed with a case. - What is a sentencing hearing?
A sentencing hearing determines the defendant’s punishment after conviction. - What is an expungement?
An expungement removes a criminal conviction from public records. Some relevant statutes include: N.J.S.A. 2C:52-1 (New Jersey’s expungement law). - What is a bail hearing?
A bail hearing determines if a defendant will be released pending trial under New Jersey’s bail reform laws. - What is the difference between a bench trial and a jury trial?
A bench trial is decided by a judge, while a jury trial is decided by a jury. Defendants choose their preferred trial type with legal counsel. - What is the difference between a criminal case and a civil case?
A criminal case is prosecuted by the government, while a civil case involves private disputes. - Can I still be convicted if there is no physical evidence against me?
Yes, circumstantial evidence and witness testimony can lead to a conviction. - What is a plea of no contest?
A no-contest plea means you do not admit guilt but accept the conviction and sentencing. - Can I represent myself in a criminal case?
Yes, but it is not recommended due to the complexities of criminal law. - What is the difference between a direct appeal and a collateral attack?
A direct appeal challenges trial errors, while a collateral attack challenges constitutional violations. - Can I be charged with a crime if I was acting in self-defense?
Yes, but a valid self-defense claim can lead to acquittal under New Jersey law (N.J.S.A. 2C:3-4).
Testimonials:
