A criminal charge in New Jersey starts a clock the moment you are arrested, and the lawyer you hire in the first few days shapes nearly everything that follows. At The Law Offices of Anthony Carbone, we have spent 35 years defending people charged with crimes in Jersey City, Newark, and across Hudson and Essex counties. Most of the people who reach out to us have never needed a criminal lawyer before. They are frightened, sometimes embarrassed, and unsure whom to trust.
This guide covers the questions worth asking before you sign a retainer and the parts of New Jersey law that should shape your choice.
Does the type of charge change which lawyer you should hire?
Yes. New Jersey splits offenses into indictable crimes, which most states call felonies, and disorderly persons offenses, which are closer to misdemeanors. Each calls for a different courtroom experience.
Indictable crimes are graded by degree and heard in Superior Court after a grand jury indictment. Under N.J.S.A. 2C:43-6, ordinary prison ranges are 10 to 20 years for first degree, 5 to 10 for second, 3 to 5 for third, and up to 18 months for fourth. The No Early Release Act (N.J.S.A. 2C:43-7.2) requires 85 percent of the sentence to be served for certain violent crimes.
Disorderly persons offenses stay in municipal court and carry up to six months in jail under N.J.S.A. 2C:43-8.
Ask how many cases at your degree of charge the attorney has handled in the county where you were charged.
What should you ask a criminal defense attorney before hiring them?
The most useful questions focus on who will do the work and whether the lawyer sees options beyond a guilty plea. A first meeting should leave you understanding your charge better than when you walked in.
Questions worth asking at a consultation:
- Will you personally appear in court for me, or will someone else in your office?
- Am I a candidate for Pretrial Intervention or another diversion program?
- How could a conviction affect my immigration status, professional license, or right to own a firearm?
Pretrial Intervention (PTI), governed by N.J.S.A. 2C:43-12 and Court Rule 3:28, lets many first-time indicted defendants complete a period of supervision and have the charge dismissed. Municipal courts offer conditional dismissal under N.J.S.A. 2C:43-13.1. A lawyer who never raises these options when you may qualify is a warning sign.
Be cautious of anyone who promises a result. You can confirm an attorney is in good standing through the New Jersey Courts attorney search and check whether they hold the Supreme Court’s Certified Criminal Trial Attorney designation.
How do criminal defense lawyers charge for their work in New Jersey?
Most criminal defense attorneys charge either a flat fee for a stage of the case or an hourly rate drawn against a retainer. Contingency fees, where the lawyer is paid only if you win, are not permitted in criminal defense under the Rules of Professional Conduct.
RPC 1.5(b) requires a lawyer to give you the basis of the fee in writing when they have not regularly represented you before. Read that agreement closely. Find out whether it covers motions to suppress evidence, a PTI application, trial, and sentencing, or only work up to indictment. Expert witnesses and investigators are often billed separately.
A cheap fee that ends at indictment can cost more over the life of a case than one that carries you through trial.
Is a public defender enough, or do you need a private attorney?
If you cannot afford a lawyer, you have a right to one. The Office of the Public Defender represents eligible defendants in indictable cases, and municipal public defenders handle eligible municipal court matters. The court decides eligibility based on your finances.
Many public defenders are skilled trial lawyers, but their caseloads are heavy. A private attorney can often step in before the first appearance, which Court Rule 3:4-2 generally requires within 48 hours for someone held in jail. That timing matters because the Criminal Justice Reform Act (N.J.S.A. 2A:162-15 et seq.) lets prosecutors seek pretrial detention, and that hearing decides whether you wait for trial at home or in county jail.
How does The Law Offices of Anthony Carbone handle a new criminal case?
We start with the charging documents and work outward. That means reading the complaint-warrant or summons line by line, requesting discovery from the prosecutor, and looking for problems with the stop, the search, or the statements police took.
We also talk early about consequences outside the courtroom, including immigration status, professional licenses, and firearms permits. Certain sex offenses trigger Megan’s Law registration under N.J.S.A. 2C:7-2, and the assigned tier controls what appears on the New Jersey State Police public registry. Clients should hear about these before deciding on a plea.
Being charged is not the same as being guilty. Even someone who made a serious mistake is entitled to a defense that holds the State to its burden of proof. Our office is based in Jersey City, and our staff speaks English, Hindi, and Punjabi.
What should you do if you have just been charged?
Speak with a lawyer before you speak with anyone else about the case, including police, the alleged victim, or friends on social media. Write down the dates on any paperwork you received and bring it to your consultation.
If you are facing charges in Hudson County, Essex County, or elsewhere in New Jersey, The Law Offices of Anthony Carbone offers a free, confidential consultation. Reach out through our contact page to talk with an attorney who has spent 35 years standing beside people at one of the hardest points in their lives.