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

Criminal Defense Attorney in Roselle Park, NJ

An arrest or criminal charge in Roselle Park, New Jersey, can be a profoundly distressing event, carrying the potential for serious and lasting repercussions. Whether you’re confronting a disorderly persons offense, a DWI accusation, or a more severe indictable crime, your liberty, reputation, financial stability, and future prospects hang in the balance. In such critical times, securing immediate and proficient legal representation is paramount.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, provides tenacious and informed legal defense for individuals grappling with a spectrum of criminal charges in Roselle Park and throughout Union County. Armed with a comprehensive understanding of New Jersey’s criminal statutes and an intimate knowledge of the local court dynamics, Mr. Rosen is steadfastly committed to safeguarding your constitutional rights and relentlessly pursuing the most favorable resolution for your case.

Facing Criminal Charges in Roselle Park, New Jersey?

Criminal matters that arise within the Borough of Roselle Park are typically adjudicated in one of two primary court venues:

  • Roselle Park Municipal Court: Located at 110 East Westfield Ave, Roselle Park, NJ 07204. This court generally handles less severe criminal matters, specifically disorderly persons offenses and petty disorderly persons offenses. It also has jurisdiction over traffic violations, including DWI/DUI cases, and alleged violations of local borough ordinances.
  • Union County Superior Court: Situated at 2 Broad Street, Elizabeth, NJ 07207. This court is responsible for all more serious criminal cases, classified as indictable offenses (which are equivalent to felonies in other states), that originate in Roselle Park and other municipalities within Union County.

Understanding the specific court your case will be in and its distinct procedures is a foundational element of a robust defense strategy.

Common Criminal Charges We Defend in Roselle Park 

Brett M. Rosen, Esq. offers experienced defense against a wide array of criminal charges commonly encountered by individuals in Roselle Park and similar New Jersey communities, including:

  • DWI/DUI (N.J.S.A. 39:4-50): Driving While Intoxicated (alcohol) or Driving Under the Influence (drugs) is a very serious traffic offense in New Jersey, with mandatory penalties that include driver’s license suspension, substantial fines and surcharges, required attendance at the Intoxicated Driver Resource Center (IDRC), potential installation of an ignition interlock device, and even jail time, especially for subsequent offenses.
  • Drug Offenses (e.g., N.J.S.A. 2C:35-10 – Possession; N.J.S.A. 2C:36-2 – Paraphernalia): Charges can range from possession of marijuana (outside the scope of legal personal use), cocaine, heroin, or unlawfully obtained prescription medications, to possession of drug paraphernalia. The severity and penalties are heavily influenced by the type and quantity of the controlled dangerous substance (CDS) involved.
  • Theft Offenses (e.g., Shoplifting N.J.S.A. 2C:20-11, Theft by Unlawful Taking): These offenses can be graded as disorderly persons offenses for items of lower value or escalate to serious indictable crimes for higher value thefts, with potential consequences including significant fines, restitution to the victim, and incarceration.
  • Assault (e.g., Simple Assault N.J.S.A. 2C:12-1a): Simple assault, typically a disorderly persons offense, involves causing or attempting to cause bodily injury. More severe forms, such as Aggravated Assault, are indictable crimes handled in the Superior Court.
  • Domestic Violence Related Offenses (e.g., Harassment N.J.S.A. 2C:33-4, Simple Assault, Terroristic Threats): These charges frequently stem from conflicts within families or domestic partnerships. Beyond criminal penalties, such allegations can also serve as a basis for the issuance of Temporary (TRO) or Final Restraining Orders (FRO), which have profound implications.
  • Disorderly Conduct (N.J.S.A. 2C:33-2) & Resisting Arrest (N.J.S.A. 2C:29-2): Disorderly conduct pertains to improper public behavior or the use of offensive language that causes public inconvenience, annoyance, or alarm. Resisting arrest can vary from a disorderly persons offense to an indictable crime, particularly if force is employed against law enforcement.

Potential Penalties for Criminal Offenses in New Jersey

The penalties for criminal convictions in New Jersey are substantial and depend on the grading of the offense:

  • Indictable Crimes (Equivalent to “felonies”; prosecuted at Union County Superior Court):
    • First-Degree Crime: Carries a sentence of 10 to 20 years in New Jersey State Prison and fines of up to $200,000.
    • Second-Degree Crime: Carries a sentence of 5 to 10 years in prison (with a presumption of incarceration, even for first-time offenders) and fines of up to $150,000.
    • Third-Degree Crime: Carries a sentence of 3 to 5 years in prison and fines of up to $15,000 (though certain drug offenses may have higher fine limits).
    • Fourth-Degree Crime: Carries a sentence of up to 18 months in prison and fines of up to $10,000.
  • Disorderly Persons Offenses & Petty Disorderly Persons Offenses (Equivalent to “misdemeanors”; handled at Roselle Park Municipal Court):
    • Disorderly Persons Offense: Potential penalties include up to 6 months in the Union County Jail and fines of up to $1,000.
    • Petty Disorderly Persons Offense: Potential penalties include up to 30 days in the Union County Jail and fines of up to $500.

Beyond direct fines and potential incarceration, a criminal conviction can also lead to:

  • A criminal record, which can create significant obstacles in securing employment, housing, educational opportunities, and professional licenses.
  • Mandatory driver’s license suspension (especially for DWI convictions and many drug-related offenses).
  • Loss of certain civil liberties, such as the right to own or possess firearms.
  • Forfeiture of personal property or assets linked to criminal activity.
  • Mandatory enrollment in counseling, anger management, or drug/alcohol rehabilitation programs.
  • Severe immigration consequences for non-U.S. citizens, including potential deportation, inadmissibility to the U.S., or denial of citizenship/green card applications.

Common Defense Strategies 

A robust defense against criminal accusations necessitates a thorough investigation of all facts and a comprehensive understanding of New Jersey law. Brett M. Rosen, Esq. meticulously develops defense strategies tailored to the unique circumstances of each case, which may involve:

  • Challenging Unlawful Stops, Searches, and Seizures: If law enforcement personnel violated your Fourth Amendment constitutional rights against unreasonable searches and seizures, any evidence obtained as a result of such illegality may be suppressed and deemed inadmissible in court.
  • Contesting the Sufficiency of the Evidence: The prosecution is constitutionally required to prove every element of the charged offense beyond a reasonable doubt. Mr. Rosen rigorously scrutinizes the State’s evidence to identify any weaknesses, inconsistencies, or lack of proof.
  • Challenging Witness Credibility and Testimony: Through effective and pointed cross-examination, Mr. Rosen aims to expose any biases, inconsistencies in statements, or issues with the memory or perception of witnesses.
  • Asserting Affirmative Defenses: When the facts support it, recognized legal defenses such as self-defense (particularly in assault cases), defense of others, mistake of fact, duress, or necessity can be compellingly argued.
  • Scrutinizing Police Procedures and Reports: Ensuring that all actions taken by law enforcement were conducted lawfully and that official reports are accurate and complete.
  • Challenging the Admissibility of Statements or Confessions: If statements were elicited in violation of your Miranda rights or were otherwise coerced, involuntary, or taken under duress, their admissibility can be challenged.
  • Negotiating for Dismissals or Favorable Downgrades: Engaging in skilled negotiations with the Roselle Park municipal prosecutor or the Union County prosecutor to seek an outright dismissal of charges, a downgrade to a less serious offense (such as a non-criminal municipal ordinance violation, which avoids a criminal record), or entry into a diversionary program.
  • Utilizing 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 result in the dismissal of charges upon successful completion, thereby allowing an individual to avoid a criminal conviction.
  • Meticulous Trial Preparation and Zealous Representation: Certified by the Supreme Court of  New Jersey as a Criminal Trial Attorney, Mr. Rosen possesses the trial skills and courtroom experience necessary to vigorously defend his clients if a case proceeds to trial.

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

When you select Brett M. Rosen, Esq. for your criminal defense in Roselle Park, you gain an advocate with:

  • Local Court Acumen: Significant experience and familiarity with the Roselle Park Municipal Court and the broader Union County Superior Court system, including an understanding of local prosecutorial practices and judicial tendencies.
  • Individualized Defense Strategies: A commitment to providing personalized legal counsel, recognizing that every case presents unique facts and requires a tailored approach to achieve the best possible defense.
  • Unwavering Dedication to Your Rights: A steadfast commitment to protecting your constitutional rights at every juncture of the legal process, from initial investigation through final resolution.
  • Transparent Communication: Keeping you fully informed about the progress of your case, explaining your legal options in clear terms, and involving you in critical decisions.

Frequently Asked Questions (FAQs) – Roselle Park Criminal Defense

Q: I was arrested in Roselle Park, NJ. What are my immediate first steps? A: Your most important first steps are to exercise your constitutional right to remain silent and to contact an experienced criminal defense attorney, such as Brett M. Rosen, Esq., without delay. Refrain from discussing the details of your case with law enforcement officials until you have legal counsel present.

Q: Is hiring a lawyer truly necessary for what seems like a minor charge in Roselle Park Municipal Court? A: It is highly advisable. Even offenses classified as disorderly persons offenses (e.g., simple assault, shoplifting under $200, harassment) can result in a permanent criminal record if you are convicted, along with fines and potential jail time. An experienced attorney can often negotiate a more favorable outcome, such as a downgrade to a non-criminal local ordinance violation (which avoids a criminal record), advocate for a dismissal, or advise you on diversionary programs designed to keep your record clean, ultimately minimizing penalties and protecting your future.

Q: What is the primary difference between a disorderly persons offense and an indictable crime in New Jersey? A: Disorderly persons offenses (and the less severe petty disorderly persons offenses) are handled in municipal courts, such as the Roselle Park Municipal Court. The maximum penalties typically involve up to 6 months in county jail and a $1,000 fine (or 30 days jail/$500 fine for petty disorderly persons offenses). Indictable crimes are more serious (akin to felonies in other jurisdictions) and are prosecuted at the County Superior Court (Union County Superior Court for cases arising in Roselle Park). These are graded from first degree (most serious) to fourth degree (least serious among indictables) and carry potential New Jersey State Prison sentences exceeding six months, along with significantly higher fines.

Q: If I am convicted of a criminal charge that occurred in Roselle Park, can it ever be removed from my record? A: Yes, many criminal convictions in New Jersey, including those for disorderly persons offenses and certain indictable crimes, are eligible for expungement. This process legally seals the record from public view. Eligibility typically requires a specific waiting period after the completion of your sentence (including payment of all fines and completion of probation/parole) and depends on your overall criminal history. An attorney can assess your specific circumstances and guide you through the expungement process if you are eligible.

Q: What are Pre-Trial Intervention (PTI) and Conditional Discharge in New Jersey, and could they apply to my Roselle Park case? A: PTI is a diversionary program generally available to eligible first-time offenders charged with certain third or fourth-degree indictable crimes. Conditional Discharge is a similar diversionary program for certain first-time drug-related disorderly persons or petty disorderly persons offenses. If an individual is accepted into and successfully completes the terms of PTI or Conditional Discharge (which usually involves a period of supervision and compliance with specific conditions), the original charges are dismissed, and the individual avoids a criminal conviction. Brett M. Rosen, Esq. can evaluate your case for eligibility for these valuable programs.

Q: What are the general costs involved in hiring a criminal defense attorney for a case in Roselle Park? A: The cost of legal representation can vary based on several factors, including the seriousness and complexity of the charges, whether the case is being heard in municipal court or superior court, the amount of investigation and legal work anticipated, and whether the case is likely to proceed to trial. Brett M. Rosen, Esq. offers a confidential consultation to discuss the details of your specific case and provide a clear understanding of his fee structure.

Q: What should I expect during my first court appearance for a criminal charge arising from Roselle Park? A: Your initial court appearance is typically an arraignment. At this hearing, you will be formally informed of the charges pending against you and will be asked to enter a plea (usually “not guilty” at this early stage, especially if you are represented by or intend to hire an attorney). If you were arrested on a warrant, issues concerning bail may also be addressed. Your attorney can appear with you (and often on your behalf for certain municipal court matters) and manage these initial critical proceedings, including requesting the initial discovery (evidence) from the prosecution.

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

If you are confronting criminal charges in Roselle Park, New Jersey, the choices you make at the outset can significantly influence the trajectory of your case and your life. It is imperative not to navigate the daunting complexities of the criminal justice system by yourself.

Contact Brett M. Rosen, Esq. today for a free and confidential consultation. If retained, he will clearly explain your legal rights, and immediately begin to formulate a strong, strategic defense designed to protect your rights, your reputation, 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 are subject to change; this information is current as of May 2025 but should not be relied upon as a substitute for direct consultation with a qualified attorney regarding the specifics of your 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.