What happens at a criminal arraignment in Union County
An arraignment is the initial court appearance following an arrest. In Union County, New Jersey, arraignments take place at the Superior Court of New Jersey, Union Vicinage, located at 2 Broad Street in Elizabeth. At this hearing, the judge formally reads the charges, advises the defendant of the right to an attorney, and addresses pretrial release under New Jersey’s bail reform laws. The hearing typically lasts only a few minutes, but the decisions made at that hearing can have a profound impact on the rest of the case. Having an attorney present at your arraignment can help protect your rights and ensure that you understand what is happening. Law Offices Of SRIS, P.C. assists individuals throughout the arraignment process in Union County. Reach the firm at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Criminal Arraignment Process in Union County
The criminal arraignment in Union County differs depending on whether the charge is a disorderly persons offense (the equivalent of a misdemeanor) or an indictable crime (the equivalent of a felony). Disorderly persons matters are heard in the Union County Municipal Court, while indictable crimes are handled in the Superior Court, Law Division – Criminal Part. For indictable offenses, the arraignment generally occurs after a grand jury has returned an indictment; for disorderly persons charges, the first appearance often serves as the arraignment.
At the arraignment, the judge will confirm the defendant’s identity and read the charges out loud. The defendant is informed of the right to be represented by a lawyer and told that if they cannot afford one, a public defender may be appointed after a financial-eligibility review. New Jersey completely abolished cash bail in 2017, so the judge does not set a monetary bail amount. Instead, pretrial release is determined using a Public Safety Assessment (PSA), a computerized risk score. Depending on the PSA result, the judge may release the defendant on their own recognizance, impose monitoring conditions, or, in very limited cases, order pretrial detention after a separate hearing. The arraignment does not involve a guilty plea for indictable offenses—that occurs later at a status conference or pretrial conference. For many disorderly persons matters, a plea may be entered at the first appearance, but the defendant has the right to consult with an attorney first.
Frequently Asked Questions
What exactly happens at a criminal arraignment in Union County?
At the arraignment, the judge reads the charges, advises the defendant of their right to counsel, and addresses pretrial release. The hearing is procedural; it is not a trial. The defendant stands before the judge while the charges are stated. If the defendant does not have a lawyer, the judge will confirm whether they intend to hire one or apply for a public defender. For indictable offenses, the judge will also ensure that the defendant has received a copy of the indictment. The next court date is then scheduled, and the judge may set conditions of release such as no-contact orders or travel restrictions.
Do I need a lawyer present at my arraignment?
You are not legally required to have a lawyer at arraignment, but having one present can significantly affect the outcome. An experienced attorney can argue for the least restrictive release conditions, ensure that you do not inadvertently make statements that could be used against you, and address any procedural errors. Law Offices Of SRIS, P.C. Regularly appears at arraignments in Union County. Reach the firm at (888) 437-7747 to request a consultation.
What is the difference between a disorderly persons offense and an indictable crime in New Jersey?
A disorderly persons offense is the equivalent of a misdemeanor, heard in Municipal Court, while an indictable crime is the equivalent of a felony, heard in Superior Court. Disorderly persons offenses carry a maximum of 6 months in jail and a fine; petty disorderly persons offenses carry up to 30 days. Indictable crimes are graded from fourth degree (up to 18 months) to first degree (10 to 20 years or more). The arraignment location and procedure differ for each type of charge.
How does pretrial release work in Union County now that New Jersey abolished cash bail?
Pretrial release is determined by a Public Safety Assessment (PSA), not by a bail amount. The PSA is a computerized score that evaluates the likelihood of flight and danger to the community. Based on that score and the prosecutor’s recommendation, the judge decides at the arraignment whether to release the defendant on recognizance, impose monitoring conditions, or order detention. There are no bail bondsmen in New Jersey, and the ability to pay money no longer affects release. Law Offices Of SRIS, P.C. understands the PSA system and can advocate effectively for pretrial freedom.
Can I enter a plea at my arraignment?
For indictable crimes, a plea is not entered at the arraignment. The arraignment is solely for notification of charges and pretrial release. Plea negotiations occur at later court dates. For disorderly persons offenses, you may have the opportunity to enter a plea at the first appearance, but it is generally advisable to consult with an attorney before doing so. An attorney can help you understand the potential consequences and any diversionary programs that may be available.
What should I bring to my arraignment hearing?
Bring photo identification, the charging documents you received, and any paperwork related to your release. Wear court-appropriate attire. If you have already retained an attorney, provide them with all relevant information beforehand. If you plan to apply for a public defender, bring proof of your income and financial obligations. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 ahead of the hearing so that an attorney can prepare you for what to expect.
What if I cannot afford a lawyer?
The court will determine whether you qualify for a public defender based on a review of your financial circumstances. You may be asked to complete an application at the arraignment. If you do not qualify for a public defender, you still have the right to hire private counsel. Law Offices Of SRIS, P.C. offers consultations by appointment and can discuss fee arrangements. Contact the firm at (888) 437-7747.
Is the arraignment hearing public?
Yes, arraignment hearings are generally open to the public. Family members or friends may be present in the courtroom unless the judge orders otherwise for specific safety reasons. The defendant has the right to have an attorney present, and the proceeding is recorded. Open courtrooms are a fundamental part of the criminal justice process.
Can the judge set conditions at the arraignment?
Yes, the judge may impose conditions such as no contact with an alleged victim, drug testing, or travel restrictions. These conditions are separate from the pretrial release decision and remain in effect throughout the pendency of the case. Violating a court-ordered condition can result in new charges or a modification of release status. An attorney can argue against unduly restrictive conditions at the hearing.
What happens if I miss my arraignment?
Failing to appear at a scheduled arraignment can result in a bench warrant for your arrest. The court will likely issue a warrant, and you may be taken into custody when located. Additionally, your pretrial release status may be revoked, and a new detention hearing may be scheduled. If you missed an arraignment, contact Law Offices Of SRIS, P.C. Immediately so that counsel can take steps to address the warrant and reschedule the hearing.
How do I find a criminal defense lawyer in Union County?
Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your matter. Mr. Sris and his Of Counsel team have extensive experience in New Jersey criminal defense and are familiar with Union County court procedures. They can assess your case, explain the arraignment process, and appear with you at the hearing. The firm’s New Jersey location is at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724, by appointment only.
What is Pre-Trial Intervention (PTI) and can I ask about it at arraignment?
PTI is a diversion program for first-time indictable offenders that can result in dismissal of charges upon successful completion of a supervision period. While PTI is not typically decided at the arraignment itself, you can discuss eligibility with your attorney before the hearing. The judge may note the availability of PTI, but a formal application is submitted later. An experienced attorney can evaluate whether PTI is a viable option and start the process early.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with experience in criminal trial work. Admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he has been representing clients since 1997. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience. Results may vary. They have documented 4,739+ case results across all practice areas. The firm’s New Jersey location is at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724, by appointment only. Reach the firm at (888) 437-7747.
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