Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney

If you have been arrested or are facing criminal charges in Hillside, New Jersey, it’s natural to feel concerned and uncertain about your future. A criminal charge, whether it’s a disorderly persons offense, a DWI, or a more serious indictable crime, can have profound consequences on your life, including potential jail time, substantial fines, a lasting criminal record, and damage to your personal and professional reputation. Securing experienced legal representation promptly is essential.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, provides criminal defense for individuals in Hillside and throughout Union County. With a deep understanding of New Jersey criminal law and extensive experience in local court systems, Mr. Rosen is dedicated to upholding your rights and vigorously fighting for the most favorable resolution to your case.

Facing Criminal Charges in Hillside, New Jersey?

Criminal matters that originate within the Township of Hillside are generally adjudicated in two primary courts:

• Hillside Municipal Court: Located at 1 Liberty Ave, Hillside, NJ 07205. This court typically handles less severe criminal offenses known as disorderly persons offenses and petty disorderly persons offenses. It also has jurisdiction over traffic violations, including DWI/DUI cases, and alleged violations of local township ordinances.
• Union County Superior Court: Situated at 2 Broad Street, Elizabeth, NJ 07207. This court presides over all more serious criminal matters, classified as indictable offenses (equivalent to felonies in other states), that arise in Hillside and other municipalities within Union County.

Understanding the specific court where your case will be heard and its distinct procedures is a critical first step in building a strong defense.

Common Criminal Charges We Defend in Hillside (and NJ Municipalities)

Brett M. Rosen, Esq. offers experienced legal defense for a wide range of criminal charges frequently faced by individuals in Hillside 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, carrying mandatory penalties such as driver’s license suspension, significant fines and insurance surcharges, attendance at the Intoxicated Driver Resource Center (IDRC), potential installation of an ignition interlock device, and even jail time, especially for repeat offenses.
• Drug Offenses (e.g., N.J.S.A. 2C:35-10 – Possession; N.J.S.A. 2C:36-2 – Paraphernalia): These charges can include possession of controlled dangerous substances (CDS) like marijuana (if outside the legal parameters for recreational use), cocaine, heroin, or unlawfully obtained prescription medications, as well as possession of drug paraphernalia. The severity of the charges and potential penalties depend heavily on the type and quantity of the substance involved.
• Theft Offenses (e.g., Shoplifting N.J.S.A. 2C:20-11, Theft by Deception): These offenses can range from disorderly persons offenses for items of lower monetary value to serious indictable crimes for higher value thefts. Convictions can lead to fines, restitution to victims, and potential incarceration.
• Assault (e.g., Simple Assault N.J.S.A. 2C:12-1a): Simple assault, typically graded as a disorderly persons offense, involves causing or attempting to cause bodily injury to another person. More serious forms of assault, 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 often arise from disputes within families or domestic relationships. In addition to potential criminal penalties, such allegations can also serve as a basis for the issuance of Temporary (TRO) or Final Restraining Orders (FRO), which carry significant legal implications.
• 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 the use of offensive language that causes public inconvenience, annoyance, or alarm. Resisting arrest can escalate from a disorderly persons offense to an indictable crime, particularly if force is used against a law enforcement officer.

Potential Penalties for Criminal Offenses in New Jersey

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

• Indictable Crimes (Often referred to as “felonies”; prosecuted at Union County Superior Court):
  • First-Degree Crime: Punishable by 10 to 20 years in New Jersey State Prison and fines of 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 of up to $150,000.
  • Third-Degree Crime: Punishable by 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: Punishable by up to 18 months in prison and fines of up to $10,000.
• Disorderly Persons Offenses & Petty Disorderly Persons Offenses (Often referred to as “misdemeanors”; handled at Hillside 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.

Additional consequences of a criminal conviction can include:

• A permanent 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, potentially leading to 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 Hillside 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 Hillside

When you entrust your Hillside criminal defense to Brett M. Rosen, Esq., you gain an advocate with:

• Local Court Acumen: Experience and familiarity with the Hillside 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) – Hillside Criminal Defense

Q: I was arrested in Hillside, 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 Hillside 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 Hillside 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 Hillside). 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 Hillside, 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 Hillside 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.

Additional FAQs

Q: What are the general costs involved in hiring a criminal defense attorney for a case in Hillside? 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 Hillside? 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). 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.

Q: Can the charges against me be dismissed? A: In some cases, yes. Charges can be dismissed if there is insufficient evidence, if your constitutional rights were violated (e.g., illegal search), or through successful negotiation by your attorney.

Q: What does it mean that Brett M. Rosen is a Certified Criminal Trial Attorney? A: This is a distinction granted by the Supreme Court of New Jersey to attorneys who have demonstrated a high level of experience, knowledge, and skill in criminal trial law. It involves a rigorous application process, peer review, a written examination, and substantial experience in handling criminal trials. It signifies a recognized expertise in the field of criminal defense.

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

If you are confronting criminal charges in Hillside, 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 confidential consultation. He will attentively listen to your account of the events, clearly explain your legal rights and options, and immediately begin to formulate a strong, strategic defense designed to protect your rights, your reputation, and your future.

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.