What to do if Arrested in Elizabeth, NJ

What to do if Arrested in Elizabeth, NJ

Navigating the Aftermath of an Arrest: A Comprehensive Resource by Brett M. Rosen, Esq.

Being arrested is a frightening and overwhelming experience. In the immediate aftermath, it’s easy to feel confused, scared, and unsure of what to do. If you or a loved one has been arrested in Elizabeth, New Jersey, understanding your rights and taking the right steps can make a crucial difference in the outcome of your case.

This comprehensive guide will equip you with the knowledge and resources needed to navigate the legal process following an arrest in Elizabeth, NJ.

Immediate Steps to Take If You Are Arrested in Elizabeth, NJ:

1. Remain Calm and Polite: While it’s natural to feel upset or scared, it’s essential to remain calm and respectful when interacting with the police. Avoid resisting arrest or arguing with the officers.

2. Exercise Your Right to Remain Silent: You have the constitutional right to remain silent. This means you don’t have to answer any questions beyond providing your basic identifying information. Politely inform the officers that you wish to remain silent and that you want to speak with an attorney.

3. Request an Attorney: As soon as you are arrested, clearly and unequivocally request an attorney. The police are required to stop questioning you once you invoke your right to counsel. Do not waive this right or try to negotiate with the police without an attorney present.

4. Do Not Consent to a Search: You have the right to refuse any searches of your person, vehicle, or belongings unless the police have a warrant or a valid exception to the warrant requirement applies.

5. Remember Details: If possible, try to remember the names and badge numbers of the arresting officers, as well as any witnesses to your arrest. These details can be helpful for your attorney when building your defense.

6. Contact an Attorney Immediately: Once you’ve been released from custody or have access to a phone, contact an experienced criminal defense attorney as soon as possible. An attorney can provide you with immediate legal guidance, protect your rights, and begin building a strong defense strategy.

What Happens After an Arrest in Elizabeth, NJ?

The legal process following an arrest can be complex and varies depending on the specific charges and circumstances. Generally, you can expect the following:

• Booking: You will be taken to the police station for booking, which involves fingerprinting, photographing, and collecting your personal information.
• Bail/Detention Hearing: If you’re eligible for bail, a judge will determine the amount of bail required for your release. In New Jersey, the Bail Reform Act has eliminated cash bail in most cases, but a judge may still impose monetary bail or other conditions of release in certain situations.
• Arraignment: You will be formally charged with the offense and informed of your rights during an arraignment hearing. You will have the opportunity to enter a plea of guilty or not guilty.
• Pre-Trial Proceedings: This stage involves motions, hearings, and negotiations with the prosecutor. Your attorney will work to gather evidence, interview witnesses, and build a strong defense strategy.
• Trial: If your case goes to trial, a judge or jury will hear the evidence and determine your guilt or innocence.
• Sentencing: If you’re convicted, the judge will impose a sentence, which may include fines, probation, community service, or jail time.

The Importance of an Experienced Criminal Defense Attorney

Having a skilled and experienced criminal defense attorney by your side is crucial throughout the entire legal process. An attorney can:

• Protect Your Rights: Ensure your constitutional rights are protected at every stage, from arrest to trial.
• Investigate Your Case: Conduct a thorough investigation, gather evidence, and interview witnesses to build a strong defense strategy.
• Negotiate with the Prosecutor: Seek a reduction or dismissal of charges or explore alternative sentencing options.
• Provide Zealous Representation in Court: Advocate for you in court, presenting evidence, cross-examining witnesses, and arguing for the best possible outcome.
• Minimize the Consequences: Work tirelessly to reduce or eliminate any penalties and protect your future.

Why Choose Brett M. Rosen, Esq., as Your Elizabeth Criminal Defense Attorney

Retaining Attorney Brett M. Rosen if you’re arrested in Elizabeth, NJ, is a smart move for several compelling reasons. His extensive experience, proven track record, and dedication to his clients make him an exceptional choice for anyone facing criminal charges.

Expertise and Experience

Brett M. Rosen has a wealth of experience in criminal defense, DUI/DWI, and traffic violations. His deep understanding of the legal system and his ability to navigate complex legal issues are invaluable assets. Rosen has tried numerous cases, standing “toe to toe” against current and former prosecutors, certified criminal and civil trial attorneys. This extensive courtroom experience ensures that he is well-prepared to handle any situation that may arise during your case.

Proven Track Record

Rosen’s success in the courtroom is well-documented. He has a history of achieving favorable outcomes for his clients, including negotiating reduced sentences and securing probation. His ability to win seemingly impossible cases has earned him a reputation as one of New Jersey’s top criminal defense attorneys. This proven track record provides peace of mind that you are in capable hands.

Client-Centered Approach

Brett M. Rosen is known for his client-centered approach. He is described as extremely professional and adaptive to quickly changing circumstances. His dedication to his clients is evident in the personalized attention he provides, ensuring that each client feels supported and informed throughout the legal process. This level of commitment is crucial when facing the stress and uncertainty of criminal charges.

Recognition and Reputation

Rosen’s reputation extends beyond his clients. He is recognized as a star lawyer in New Jersey, celebrated for his passion, unwavering belief in justice, and courage. This recognition is a testament to his skills and dedication, further solidifying his status as the best choice for criminal defense in Elizabeth, NJ.

Conclusion

In summary, retaining Brett M. Rosen if you’re arrested in Elizabeth, NJ, is a wise decision due to his extensive experience, proven track record, client-centered approach, and stellar reputation. His ability to navigate the complexities of the legal system and achieve favorable outcomes makes him the best criminal attorney for your needs.

Arrested in Elizabeth, New Jersey?

Potential Defenses in Criminal Cases

The specific defenses available will depend on the nature of the charges and the circumstances of your case. Some common defenses in criminal cases include:

• Self-Defense: If you were acting in self-defense or defense of others, this may be a valid defense.
• Lack of Intent: Many crimes require proof of intent. If we can show that you did not intend to commit the crime, the charges may be reduced or dismissed.
• Alibi: If you have an alibi that places you somewhere else at the time of the crime, we can present this evidence to cast doubt on your involvement.
• Mistaken Identity: If you were wrongly identified as the perpetrator, we will work to prove your innocence.
• Illegal Search and Seizure: If evidence was obtained illegally, we can file a motion to suppress, potentially leading to a dismissal of the charges.
• Violation of Miranda Rights: If the police failed to inform you of your Miranda rights (the right to remain silent and the right to an attorney) before questioning you, any statements you made may be inadmissible in court.

Frequently Asked Questions About Being Arrested in Elizabeth, NJ

1. What are my rights if I am arrested?

• You have the right to remain silent, the right to an attorney, and the right to a fair trial. It is crucial to exercise these rights and avoid making any statements to the police without an attorney present.

2. Can I be released on bail after an arrest?

• In New Jersey, the Bail Reform Act has eliminated cash bail in most cases. However, a judge may still impose monetary bail for disorderly persons offenses, and for indictable crimes they may impose conditions of release, such as electronic monitoring or pretrial supervision.

3. What happens if I can’t afford bail?

• If you can’t afford bail, an attorney can request a bail reduction hearing or explore other options for your release, such as release on your own recognizance (ROR).

4. Will I have to go to jail if I’m convicted of a crime?

• The possibility of jail time depends on the severity of the offense, your prior record, and other factors. An attorney can help you understand the potential penalties and fight for the most lenient sentence possible.

5. Can I get a criminal record expunged in New Jersey?

• Yes, New Jersey has an expungement law that allows certain convictions to be cleared from your record after a waiting period. However, the eligibility requirements and process can be complex. An attorney can help you determine if you are eligible and guide you through the expungement process.

6. What should I do if I’m being investigated for a crime but haven’t been arrested yet?

• If you’re under investigation, it’s crucial to contact an attorney immediately. An attorney can advise you on your rights, protect you from self-incrimination, and potentially prevent charges from being filed.

7. What are the consequences of a criminal conviction on my employment?

• A criminal conviction can make it difficult to find or keep a job, especially in certain professions that require background checks or security clearances. An attorney can help you understand the potential impact on your employment and work to minimize the consequences.

8. Can a criminal conviction affect my immigration status?

• Yes, even minor criminal convictions can have serious immigration consequences for non-U.S. citizens, including deportation or denial of naturalization. If you’re facing criminal charges and are not a U.S. citizen, it’s critical to consult with an attorney who understands immigration law.

9. What is the difference between a misdemeanor and a felony?

• Misdemeanors are less serious offenses, typically punishable by up to one year in jail and fines. Felonies are more serious crimes, punishable by more than one year in prison and higher fines. The distinction between misdemeanors and felonies is important because it can impact your rights, your potential penalties, and your future opportunities.

10. What should I expect at my first court appearance?

• Your first court appearance is typically an arraignment, where you will be formally charged with the offense and informed of your rights. You will have the opportunity to enter a plea of guilty or not guilty. It’s essential to have an attorney present at your arraignment to ensure your rights are protected and to advise you on the best course of action.