Criminal Defense Attorney in Roselle, NJ | Brett M. Rosen, Esq.

Criminal Defense Attorney in Roselle, NJ

If you’ve been arrested or charged with a criminal offense in Roselle, New Jersey, you are likely facing a stressful and uncertain time. A criminal charge, whether it’s a disorderly persons offense, a DWI, or a more serious indictable crime, can have a significant impact on your life, including potential jail time, hefty fines, a criminal record, and damage to your reputation and future opportunities. It is essential to secure skilled legal representation immediately.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, offers dedicated, experienced, and aggressive criminal defense services to individuals in Roselle and throughout Union County. With a strong understanding of New Jersey criminal law and local court procedures, Mr. Rosen is committed to protecting your rights and fighting tirelessly for the best possible outcome in your case.

Facing Criminal Charges in Roselle, New Jersey?

Criminal matters arising in the Borough of Roselle are generally processed through two main courts:

  • Roselle Municipal Court: Located at 210 Chestnut St, Roselle, NJ 07203, this court typically handles less serious criminal matters known as disorderly persons offenses and petty disorderly persons offenses. It also presides over traffic violations, including DWI/DUI cases, and violations of local ordinances.
  • Union County Superior Court: Situated at 2 Broad Street, Elizabeth, NJ 07207, this court has jurisdiction over all more serious criminal offenses, known as indictable crimes (equivalent to felonies in other states), that occur in Roselle and the rest of Union County.

Knowing where your case will be heard and understanding the distinct procedures of each court is crucial for a successful defense.

Common Criminal Charges We Defend in Roselle

Brett M. Rosen, Esq. provides experienced defense for a wide array of criminal charges frequently encountered by residents of Roselle, including:

  • DWI/DUI (N.J.S.A. 39:4-50): Driving While Intoxicated (alcohol) or Driving Under the Influence (drugs) is a serious traffic offense in New Jersey with mandatory penalties that can include license suspension, significant fines and surcharges, installation of an ignition interlock device, and even jail time, particularly for repeat offenses.
  • Drug Offenses (e.g., N.J.S.A. 2C:35-10 – Possession; N.J.S.A. 2C:36-2 – Paraphernalia): This includes charges like possession of marijuana (outside the legal limits for recreational use), cocaine, heroin, unauthorized prescription drugs, and possession of drug paraphernalia. Penalties depend heavily on the type and quantity of the substance.
  • Theft Offenses (e.g., Shoplifting N.J.S.A. 2C:20-11, Theft of Movable Property): These can range from disorderly persons offenses for items of lesser value to serious indictable crimes for higher value thefts, potentially leading to fines, restitution, and incarceration.
  • Assault (e.g., Simple Assault N.J.S.A. 2C:12-1a): Typically a disorderly persons offense, simple assault involves causing or attempting to cause bodily injury to another. More serious assaults (Aggravated Assault) are indictable crimes handled in Superior Court.
  • Domestic Violence Related Offenses (e.g., Harassment N.J.S.A. 2C:33-4, Simple Assault, Terroristic Threats): These charges frequently arise from disputes within families or domestic relationships. In addition to criminal penalties, they can lead to the issuance of Temporary (TRO) or Final Restraining Orders (FRO).
  • Disorderly Conduct (N.J.S.A. 2C:33-2) & Resisting Arrest (N.J.S.A. 2C:29-2): Disorderly conduct involves improper public behavior or offensive language causing public alarm or annoyance. Resisting arrest can escalate from a disorderly persons offense to an indictable crime depending on the circumstances, such as if force is used against an officer.

Potential Penalties for Criminal Offenses in New Jersey

The penalties upon conviction for a criminal offense in New Jersey are significant and are primarily determined by the grading of the offense:

  • Indictable Crimes (Often referred to as “felonies”; handled at Union County Superior Court):
    • First-Degree Crime: Punishable by 10 to 20 years in New Jersey State Prison and fines up to $200,000.
    • Second-Degree Crime: Punishable by 5 to 10 years in prison (with a presumption of incarceration, even for first-time offenders) and fines up to $150,000.
    • Third-Degree Crime: Punishable by 3 to 5 years in prison and fines up to $15,000 (some drug offenses carry higher fines, up to $35,000 or more).
    • Fourth-Degree Crime: Punishable by up to 18 months in prison and fines up to $10,000.
  • Disorderly Persons Offenses & Petty Disorderly Persons Offenses (Often referred to as “misdemeanors”; handled at Roselle Municipal Court):
    • Disorderly Persons Offense: Carries potential penalties of up to 6 months in the Union County Jail and fines up to $1,000.
    • Petty Disorderly Persons Offense: Carries potential penalties of up to 30 days in the Union County Jail and fines up to $500.

Additional consequences of a criminal conviction can include:

  • A permanent criminal record, which can affect employment, housing, educational opportunities, and professional licensing.
  • Mandatory driver’s license suspension (particularly for DWI and many drug-related offenses).
  • Loss of certain civil rights, such as the right to own firearms.
  • Forfeiture of property or assets.
  • Mandatory attendance at counseling, anger management, or drug/alcohol rehabilitation programs.
  • Severe immigration consequences for non-U.S. citizens, potentially leading to deportation, inadmissibility, or denial of citizenship.

Common Defense Strategies 

A successful defense against criminal charges requires a meticulous review of the facts and a deep understanding of New Jersey law. Brett M. Rosen, Esq. employs a range of defense strategies tailored to the specifics of each case, which may include:

  • Challenging Illegal Stops, Searches, and Seizures: If law enforcement violated your Fourth Amendment rights, any evidence obtained as a result may be inadmissible in court.
  • Contesting the Sufficiency of the Evidence: The prosecution bears the burden of proving every element of the alleged offense beyond a reasonable doubt. Mr. Rosen will thoroughly examine the State’s evidence for any weaknesses or inconsistencies.
  • Challenging Witness Credibility and Testimony: Through effective cross-examination, Mr. Rosen can expose biases, memory lapses, or contradictory statements from witnesses.
  • Asserting Affirmative Defenses: When applicable, defenses such as self-defense, defense of others, mistake of fact, duress, or necessity can be raised.
  • Scrutinizing Police Procedures and Reports: Ensuring that all police actions were conducted lawfully and that reports are accurate.
  • Challenging the Admissibility of Statements or Confessions: If statements were obtained in violation of your Miranda rights or were otherwise coerced or involuntary.
  • Negotiating for Dismissals or Downgrades: Skillfully negotiating with the Roselle municipal prosecutor or the Union County prosecutor to have charges dismissed, downgraded to less serious offenses (such as non-criminal municipal ordinance violations), or to secure entry into diversionary programs.
  • Utilizing Diversionary Programs: For eligible first-time offenders, programs such as Pre-Trial Intervention (PTI) for indictable offenses or Conditional Discharge for certain disorderly persons drug offenses can result in the dismissal of charges upon successful program completion, thereby avoiding a criminal conviction.
  • Meticulous Trial Preparation and Zealous Representation: Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, Mr. Rosen is always prepared to vigorously defend his clients at trial if a favorable resolution cannot be reached through negotiation.

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

When you entrust your Roselle criminal defense to Brett M. Rosen, Esq., you receive:

  • Dedicated Local Experience: Mr. Rosen is familiar with the Roselle Municipal Court and the Union County Superior Court system, including local prosecutors and judges.
  • Personalized Legal Strategies: He understands that every case is unique and will develop a defense approach specifically tailored to the facts and circumstances of your charges.
  • Unyielding Commitment: A steadfast dedication to protecting your constitutional rights and fighting for the most favorable outcome possible.
  • Clear Communication: Keeping you informed and involved at every stage of your case.

Frequently Asked Questions (FAQs) – Roselle Criminal Defense

Q: I was arrested by Roselle police. What are the first things I should do? A: The most important first steps are to exercise your right to remain silent and to contact an experienced criminal defense attorney like Brett M. Rosen, Esq. as soon as possible. Avoid discussing the details of your case with anyone other than your lawyer.

Q: Do I really need an attorney for a seemingly minor charge in Roselle Municipal Court? A: It is highly advisable. Even offenses like disorderly conduct or minor shoplifting are criminal charges that result in a record if convicted. An attorney can often negotiate a downgrade to a non-criminal municipal ordinance violation, seek a dismissal, or advise you on programs to avoid a conviction, thereby protecting your record and minimizing fines and other penalties.

Q: What is the difference between a disorderly persons offense in New Jersey and an indictable crime? A: Disorderly persons offenses (and the less serious petty disorderly persons offenses) are handled in municipal court (like Roselle Municipal Court) and carry maximum penalties of up to 6 months in jail and a $1,000 fine (or 30 days/$500 fine for petty). Indictable crimes are more serious (equivalent to felonies) and are prosecuted in the County Superior Court (Union County Superior Court for Roselle cases). They are graded from first to fourth degree and carry potential state prison sentences exceeding six months and significantly higher fines.

Q: If I’m convicted of a crime from an incident in Roselle, can it ever be removed from my record? A: Yes, many criminal convictions in New Jersey, including disorderly persons offenses and certain indictable crimes, are eligible for expungement after a specific waiting period (typically 5 years for disorderly persons offenses and longer for indictable crimes, provided all sentence requirements are met and there are no other disqualifying convictions). An attorney can advise on your specific eligibility.

Q: What are Pre-Trial Intervention (PTI) and Conditional Discharge, and could they apply to my Roselle case? A: PTI is a diversionary program typically for first-time offenders charged with certain third or fourth-degree indictable crimes. Conditional Discharge is a similar program for certain first-time drug-related disorderly persons or petty disorderly persons offenses. If accepted and you successfully complete the program requirements (usually a period of supervision), the charges are dismissed, and you avoid a criminal conviction. Brett M. Rosen, Esq. can assess your eligibility for these programs.

Q: What are the typical costs associated with hiring a criminal defense attorney for a case in Roselle? A: The cost of legal representation varies based on the seriousness and complexity of the charges, whether the case is in municipal or superior court, the anticipated amount of investigation and legal work required, and whether the case goes to trial. Brett M. Rosen, Esq. offers a confidential consultation where he can discuss the specifics of your case and his fee structure.

Q: What should I expect at my first court appearance for a Roselle criminal charge? A: Your first appearance is generally an arraignment. You will be formally informed of the charges against you and asked to enter a plea. If you have hired an attorney, they will typically enter a “not guilty” plea on your behalf and obtain the initial evidence (discovery) from the prosecutor. For indictable offenses in Superior Court, this may also involve discussions about bail.

Protect Your Rights in Roselle – Contact an Experienced Criminal Defense Attorney Today

If you are facing any criminal charge in Roselle, New Jersey, the potential consequences can be severe and long-lasting. It is crucial to have a skilled and dedicated legal advocate on your side.

Contact Brett M. Rosen, Esq. today for a free and confidential consultation to discuss your Roselle criminal charges. He will listen to your side of the story, explain your legal options, and begin building a defense to protect your rights and your future. 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, penalties, and court procedures 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.

I was just moving into my new apt with my newborn daughter and gf and we were so excited to get to finally live together for the first time as a family. I had my license suspended and just got it back, but this my driving while suspended charge threatened to take my license for another year which would have caused me to continue Ubering to work and not be able to afford my apt considering g my gf is a stay at home mom. I hired this attorney at a great price in hopes he could keep me my license, and indeed he did just that. I am so pleased with the outcome of my situation, and would highly recommend this attorney to anyone in need. Thank you so much, for everything.
Kramer

Disclosure: Prior results do not guarantee a similar outcome. This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Disclosure: Prior results do not guarantee a similar outcome. This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.