Being arrested or charged with a criminal offense in Linden, New Jersey, can be a deeply unsettling experience with potentially serious and lasting consequences. Whether you are facing charges for a disorderly persons offense, a DWI, or a more serious indictable crime, your future, reputation, employment, and freedom may be at stake. It is critical to have a dedicated and experienced criminal defense attorney by your side.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, provides aggressive and knowledgeable legal representation to individuals facing a wide range of criminal charges in Linden and throughout Union County. He understands the local court systems and is committed to protecting your rights and fighting for the best possible outcome in your case.

Facing Criminal Charges in Linden, New Jersey?

Criminal matters originating in Linden are typically handled in one of two courts:

• Linden Municipal Court: Located at 301 North Wood Avenue, Linden, NJ 07036, this court generally presides over motor vehicle violations (including DWI/DUI), municipal ordinance violations, and lesser criminal offenses known as disorderly persons offenses and petty disorderly persons offenses.
• Union County Superior Court: Located at 2 Broad Street, Elizabeth, NJ 07207, this court handles all more serious criminal matters, known as indictable offenses (equivalent to felonies in other states), that arise in Linden and throughout Union County.

Understanding the specific court and the nature of your charges is the first step in building an effective defense.

Common Criminal Charges We Defend in Linden

Brett M. Rosen, Esq. has experience defending clients against a variety of criminal charges commonly encountered in Linden, including but not limited to:

• DWI/DUI (N.J.S.A. 39:4-50): Driving While Intoxicated (alcohol) or Driving Under the Influence (drugs) carries severe penalties, including license suspension, fines, surcharges, and potential jail time, even for a first offense.
• Drug Offenses (e.g., N.J.S.A. 2C:35-10, 2C:36-2): This includes possession of controlled dangerous substances (CDS) like marijuana (outside legal parameters), cocaine, heroin, unauthorized prescription drugs, and possession of drug paraphernalia. Penalties vary greatly based on the type and quantity of the drug.
• Theft Offenses (e.g., Shoplifting N.J.S.A. 2C:20-11, Theft by Unlawful Taking): Charges can range from disorderly persons offenses for lower value amounts to serious indictable crimes for higher values, with penalties including fines, restitution, and potential incarceration.
• Assault (e.g., Simple Assault N.J.S.A. 2C:12-1a): Simple assault is typically a disorderly persons offense, but can be elevated depending on the circumstances and injury. Aggravated assault is an indictable crime.
• Domestic Violence Related Offenses (e.g., Harassment N.J.S.A. 2C:33-4, Simple Assault, Terroristic Threats): These charges often arise from disputes between family members or those in a domestic relationship and can lead to criminal penalties as well as the issuance of temporary or final restraining orders.
• Disorderly Conduct (N.J.S.A. 2C:33-2) & Resisting Arrest (N.J.S.A. 2C:29-2): Disorderly conduct involves improper behavior or offensive language in public causing public inconvenience, annoyance, or alarm. Resisting arrest can range from a disorderly persons offense to an indictable crime depending on the circumstances.

Potential Penalties for Criminal Offenses in New Jersey

The penalties for criminal offenses in New Jersey are determined by the grading of the offense:

• Indictable Crimes (First, Second, Third, or Fourth Degree – often referred to as “felonies”):
  • These are more serious offenses handled at the Union County Superior Court.
  • First-Degree: 10 to 20 years in prison; fines up to $200,000.
  • Second-Degree: 5 to 10 years in prison (with a presumption of incarceration); fines up to $150,000.
  • Third-Degree: 3 to 5 years in prison; fines up to $15,000 (though some drug offenses carry higher fines).
  • Fourth-Degree: Up to 18 months in prison; fines up to $10,000.
• Disorderly Persons Offenses & Petty Disorderly Persons Offenses (often referred to as “misdemeanors”):
  • These are less serious offenses handled at Linden Municipal Court.
  • Disorderly Persons Offense: Up to 6 months in county jail; fines up to $1,000.
  • Petty Disorderly Persons Offense: Up to 30 days in county jail; fines up to $500.

Beyond fines and potential incarceration, other consequences of a criminal conviction can include:

• A permanent criminal record, impacting employment, housing, and educational opportunities.
• Mandatory driver’s license suspension (especially for DWI and many drug offenses).
• Loss of professional licenses.
• Forfeiture of property or assets.
• Mandatory attendance at counseling or rehabilitation programs.
• Significant immigration consequences for non-U.S. citizens, including deportation.

Common Defense Strategies 

A strong defense requires a thorough investigation and a tailored legal strategy. Brett M. Rosen, Esq. explores all available avenues to protect his clients, which may include:

• Challenging Unlawful Stops, Searches, and Seizures: If law enforcement violated your Fourth Amendment constitutional rights, evidence obtained as a result may be suppressed (excluded from court).
• Contesting the Sufficiency of the Evidence: The prosecution must prove every element of the charged offense beyond a reasonable doubt. Mr. Rosen meticulously analyzes the state’s evidence for weaknesses or inconsistencies.
• Challenging Witness Credibility: Cross-examining witnesses to expose bias, inconsistencies in their testimony, or memory issues.
• Asserting Affirmative Defenses: When applicable, raising defenses such as self-defense (for assault charges), defense of others, mistake of fact, or duress.
• Challenging the Admissibility of Statements: If statements were obtained in violation of your Miranda rights or were otherwise involuntary, they may be inadmissible.
• Negotiating for Favorable Outcomes: Skillfully negotiating with the Linden municipal prosecutor or the Union County prosecutor to seek a dismissal of charges, a downgrade to a less serious offense (such as a non-criminal municipal ordinance violation), or entry into a diversionary program.
• Diversionary Programs: For eligible first-time offenders, programs like Pre-Trial Intervention (PTI) for indictable offenses or Conditional Discharge for certain disorderly persons drug offenses can lead to the dismissal of charges upon successful completion.
• Meticulous Trial Preparation and Zealous Representation: If a case proceeds to trial, Mr. Rosen, as a Certified Criminal Trial Attorney, provides robust and prepared courtroom advocacy.

How Brett M. Rosen, Esq. Can Help You in Linden

When you choose Brett M. Rosen, Esq. to defend you against criminal charges in Linden, you benefit from:

• Local Experience: Familiarity with the procedures, prosecutors, and judges in Linden Municipal Court and the Union County Superior Court.
• Personalized Attention: He takes the time to understand your situation, explain your options clearly, and develop a defense strategy tailored to your specific needs and goals.
• Aggressive Advocacy: A commitment to vigorously protecting your constitutional rights at every stage of the legal process.
• Track Record: As a Certified Criminal Trial Attorney, Mr. Rosen has demonstrated a high level of experience and skill in criminal law.
• Focus on Results: Dedicated to achieving the best possible outcome, whether that is a dismissal, acquittal, favorable plea agreement, or minimized penalties.

Frequently Asked Questions (FAQs) – Linden Criminal Defense

Q: I was arrested in Linden, NJ. What is the first thing I should do? A: Exercise your right to remain silent and contact an experienced criminal defense attorney like Brett M. Rosen, Esq. immediately. Do not discuss the details of your case with law enforcement without legal counsel present.

Q: Do I really need a lawyer for a “minor” charge in Linden Municipal Court? A: Yes, it is highly recommended. Even disorderly persons offenses can result in a criminal record, fines, and potential jail time. An attorney can often negotiate a more favorable outcome, such as a downgrade to a non-criminal municipal ordinance violation, which can protect your record.

Q: What’s the difference between a disorderly persons offense and an indictable crime in New Jersey? A: Disorderly persons offenses (and petty disorderly persons offenses) are less serious and handled in municipal court, with maximum jail time of 6 months (or 30 days for PDP) and fines up to $1,000 (or $500 for PDP). Indictable crimes are more serious (equivalent to felonies) and are handled in Superior Court, carrying potential state prison sentences exceeding 6 months and higher fines.

Q: Can a criminal charge I received in Linden be expunged from my record? A: Many convictions for disorderly persons offenses and certain indictable crimes in New Jersey can be expunged after a specific waiting period and if other eligibility criteria are met. An attorney can advise you on your eligibility for expungement.

Q: What are Pre-Trial Intervention (PTI) and Conditional Discharge? A: PTI is a diversionary program primarily for eligible first-time offenders charged with certain indictable crimes. Conditional Discharge is a similar program for certain first-time disorderly persons drug offenses. Successful completion of these programs results in the dismissal of the charges, allowing you to avoid a criminal conviction.

Q: How much will it cost to hire a criminal defense attorney for my Linden case? A: Legal fees vary depending on the complexity of the case, the nature of the charges, and the anticipated amount of work required. Brett M. Rosen, Esq. offers a confidential consultation to discuss your case and his fee structure.

Q: What happens at a first court appearance in Linden Municipal Court or Union County Superior Court? A: Your first appearance is typically an arraignment, where you will be formally informed of the charges against you and asked to enter a plea (usually “not guilty” at this stage if you have an attorney or plan to hire one). Bail may also be addressed if you were arrested on a warrant. Your attorney can appear with you and handle these initial proceedings.

Protect Your Rights and Future – Contact a Linden Criminal Defense Attorney Today

If you are facing criminal charges in Linden, New Jersey, the decisions you make now can have a profound impact on your life. Do not navigate the complexities of the criminal justice system alone.

Contact Brett M. Rosen, Esq. today for a confidential consultation to discuss your Linden criminal charges and how he can provide the skilled legal defense you need. 908-312-0368.

Disclaimer: This webpage contains general information about New Jersey criminal law and procedure for informational purposes only and does not constitute legal advice. The information provided is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Attorney Advertising. Brett M. Rosen, Esq. is licensed to practice law in New Jersey and New York. Laws and penalties can change; this information is current as of May 2025 but should not be relied upon as a substitute for consultation with a qualified attorney regarding your specific situation. Prior results do not guarantee a similar outcome in any future case.