If you have been arrested and charged with a crime in Union County, New Jersey, you are facing a serious legal battle. The prosecutor’s office has vast resources to pursue a conviction, which can result in severe penalties including jail or prison time, crippling fines, and a permanent criminal record. This is not a time to take chances. You need a powerful, strategic, and experienced legal advocate in your corner.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney—a certification held by less than 1% of attorneys in the state—provides aggressive and dedicated legal defense for clients across Union County, including in Elizabeth, Linden, Plainfield, Westfield, and Cranford. He understands the anxiety and uncertainty that come with a criminal charge and is committed to protecting your rights, your freedom, and your future.

Understanding the Penalties for New Jersey Criminal Charges

In New Jersey, criminal offenses are generally categorized as either indictable offenses (felonies) or disorderly persons offenses (misdemeanors). The potential penalties you face depend heavily on the classification and degree of the charge.

Penalties for Indictable Offenses (Felonies)

Indictable offenses are serious crimes handled at the Union County Superior Court. They are graded in degrees, each carrying significant potential prison time and fines.

• First-Degree Crime: Carries a sentence of 10 to 20 years in state prison (with some crimes, like murder, carrying 30 years to life) and fines up to $200,000.

• Second-Degree Crime: Carries a sentence of 5 to 10 years in state prison and fines up to $150,000. There is a presumption of incarceration, even for first-time offenders.

• Third-Degree Crime: Carries a sentence of 3 to 5 years in prison and fines up to $15,000.

• Fourth-Degree Crime: Carries a sentence of up to 18 months in prison and fines up to $10,000.

Penalties for Disorderly Persons Offenses (Misdemeanors)

These less severe offenses are handled in the municipal court of the town where the alleged crime occurred. While not considered “crimes” under state law, a conviction still results in a criminal record and serious penalties.

• Disorderly Persons Offense: Carries a maximum sentence of 6 months in the county jail and a fine of up to $1,000. (e.g., Simple Assault, Shoplifting less than $200)

• Petty Disorderly Persons Offense: Carries a maximum sentence of 30 days in the county jail and a fine of up to $500. (e.g., Disorderly Conduct, Harassment)

Strategic Defenses for Your Criminal Case

An arrest is not a conviction. The State of New Jersey must prove your guilt beyond a reasonable doubt. Brett M. Rosen meticulously analyzes every piece of evidence to build a robust and effective defense tailored to the specifics of your case. Potential defenses may include:

• Constitutional Rights Violations: Challenging evidence obtained through an illegal search and seizure or a failure to read your Miranda Rights.

• Lack of Evidence: Arguing that the prosecution does not have sufficient evidence to prove every element of the crime.

• Mistaken Identity: Utilizing alibis, witness testimony, and surveillance footage to prove you were not the person who committed the crime.

• Self-Defense: Asserting your right to use reasonable force to protect yourself or others from harm.

• Lack of Intent: Proving that you did not have the required criminal mindset or that your actions were accidental.

• Challenging Witness Credibility: Exposing inconsistencies, biases, or falsehoods in the testimony of the state’s witnesses.

Frequently Asked Questions (FAQs) for a Union County Criminal Case

Q: What is the first thing I should do if I am arrested? A: Exercise your right to remain silent and your right to an attorney. Do not answer questions or speak to the police about your case without a lawyer present. Politely state that you will not speak until you have consulted with your attorney.

Q: What is the difference between a disorderly persons offense and an indictable crime? A: The main differences are the severity of the potential penalties and the court where the case is handled. Indictable crimes are more serious felonies heard at the County Superior Court, while disorderly persons offenses are misdemeanors heard in Municipal Court. Indictable charges also require the case to be presented to a grand jury.

Q: Can I avoid a criminal record for a minor, first-time offense? A: Yes, potentially. New Jersey offers diversionary programs for eligible first-time offenders, such as Pre-Trial Intervention (PTI) for indictable offenses and Conditional Dismissal for disorderly persons offenses. Successful completion of these programs results in the dismissal of your charges and no criminal conviction.

Q: The police searched my car without a warrant. Is that legal? A: It depends. The Fourth Amendment protects you from unreasonable searches. While there are exceptions to the warrant requirement (such as the “plain view” doctrine or consent), if the police conducted an illegal search, any evidence they found may be suppressed and cannot be used against you.

Q: How can a Certified Criminal Trial Attorney help my case? A: A Certified Criminal Trial Attorney has demonstrated a high level of experience, knowledge, and skill in criminal law. They have been rigorously tested and recognized by the New Jersey Supreme Court. This certification is a mark of significant trial experience and expertise, giving you confidence that your attorney is highly qualified to handle the complexities of your defense.

Don’t Wait to Protect Your Future – Contact Brett M. Rosen, Esq. Today

When you are facing criminal charges in Union County, the attorney you choose is one of the most important decisions you will ever make. You need a lawyer who is not afraid to challenge the prosecution and fight for your rights in court. Brett M. Rosen, Esq. has the experience and courtroom presence to be the advocate you need.

Call now for a free and confidential consultation to discuss your case. 908-312-0368 & brett@nynjcriminalcivilesq.com

Address: 100 Jefferson Avenue, Suite 301, Elizabeth, NJ 07201

Disclaimer: This website provides general information and does not constitute legal advice. The information on this page is not intended to create, and receipt or viewing of it does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel specific to your situation. Prior results do not guarantee a similar outcome.