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- 27 December, 2016
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Edison New Jersey Criminal Defense Lawyer
The attorneys at The Law Offices of Jonathan F. Marshall represent clients throughout Middlesex County who are subject to formal arrest. We have over 100 years of collective experience handling bail and a long list of offenses like stalking, harassment, terroristic threats, and drunk driving. As former prosecutors who have defended thousands arrested in Edison, Woodbridge, East Brunswick, Piscataway, Metuchen, and New Brunswick. We have the tools to shield you from a conviction and penalties. Our experienced criminal defense attorneys are available immediately for a free initial consultation at 732-246-7126 to discuss your arrest or any other issue.
Formal Arrest and Charges in a Criminal Case
After the investigation stage of the criminal process, the State may arrest and charge the defendant with one or many criminal offenses. The State must have probable cause to arrest the defendant. This essentially means a reasonable belief that a crime was committed and the defendant committed the crime. Once the defendant is arrested, the police must read him or her the famous “Miranda warnings.” These include the right to remain silent and the right to an attorney. It is also important to remember that anything you say to the police during your arrest can be used against you at a later date.
The police may also conduct a search incident to arrest. This means that the police may search the defendant and the area immediately surrounding the defendant for weapons and/or evidence of the crime. However, there may be certain issues that can be raised by an experienced criminal defense lawyer if the State failed to obtain a warrant and the search was not valid under any of the warrantless search exceptions to the warrant requirement.
Following the defendant’s arrest, the defendant must be processed at the police station. During the booking process, the defendant will be fingerprinted, a photograph will be taken, and the defendant must provide certain pedigree information (name, date of birth, etc.). Then, a bail amount will be set by a Superior Court judge. This bail amount can range anywhere from “ROR” (released on your own recognizance without any bail) to millions of dollars depending on the charges and the degree of offense in New Jersey.