If your loved one has been arrested in New Jersey, you are likely going through some intense emotions. Confusion, anger, disappointment, sadness, and a sense of being overwhelmed are all normal reactions to this type of news. In this confusing and often scary time, having more information will help you understand what is happening and ensure that you know what to do next. Having information will help you be a better resource and advocate for your loved one as well. Below are just a few things that you should know if your loved one has been arrested in New Jersey. For a free consultation about your case, contact us today.
Someone I Know was Arrested in NJ, What Should I Do?
1. Stay calm, and do not share any information.
When you get the call that a loved one has been arrested, it may be from a jail phone. These calls are monitored. It is important that you stay calm and get any information your loved one has about what has happened with the arrest. Remind your loved one not to say anything that they should not over the phone. Ask about the charges and where they are being held, but do not discuss the matter much further.
2. Remind your loved one of their rights.
While you are discussing the facts of what is happening, it is a good idea to remind your loved one of their rights under New Jersey and federal law. He or she may not be thinking clearly enough to recall how they should assert those rights.
Declining to talk to anyone and immediately asking for a lawyer is always a good idea. Remind your loved one that they should do this if they haven’t already. It may not feel like they have much control over the situation, but their civil rights are a concrete and cannot be violated. How they can protect their own interests and their innocence should be at the forefront of their thinking.
3. Get the details on the case
It is a good idea to get more information about what is going on from someone else other than your loved one. Your loved one is likely feeling uncertain and frightened, just like you. Law enforcement may make this worse in an effort to get them to confess, make a statement, or cooperate in some way. Remember, police are on the side of the prosecutor, not the person arrested. You and your loved one should always be respectful to avoid further issues or an escalated situation with officers, but keeping in mind that police always want to make their case is important. In some cases, the police may also talk to you about what is going on.
If your loved one was driving a car when the incident occurred, you will need information about where the car has been towed, where it is stored, and how to get it. Under certain circumstances, the state will seize the vehicle indefinitely. However, this usually applies in cases in which the vehicle is connected with criminal activity or considered proceeds from a drug crime.
4. Prepare for the initial hearings.
Depending on the degree of the charges, your loved one may have a detention (bail) hearing within 48 hours of being booked in New Jersey. This generally occurs in cases involving felony charges or disorderly persons charges for domestic violence, such as simple assault. Not every person is detained pending a bail hearing and some will be released after processing. It is important to find out if and when your loved one is to be released or to appear before a judge. If they are being held and will have a detention hearing, it is critical to ascertain when this hearing will occur so you can attend and hire an attorney. The outcome of this hearing can mean that your loved one is released, released on certain conditions, or kept in jail until the resolution of their case. With this in mind, it is imperative to have an experienced criminal defense lawyer who can handle the complexities of the proceeding and argue for their release. Acting quickly to get an attorney lined up to participate can be very beneficial for your loved one.
Need a Lawyer for Loved One’s Criminal Case in Morris County, NJ
Our criminal defense attorneys in Morris County understand how overwhelming having a loved one charged with a crime can be, and we want to help. Taking action is the best thing you can do when your child, boyfriend or girlfriend, spouse, friend, or family member has been arrested in New Jersey. Contact our skilled team of criminal defense attorneys as soon as you can. We know criminal law inside and out and we can explain the charges, penalties, process, and get involved immediately.