Some of the most damaging mistakes in a criminal case happen after the arrest is over. A text to the person who called the police, a deleted message, or a missed court date can turn a manageable charge into a second, more serious one. At The Law Offices of Anthony Carbone, we regularly see cases where what the client did in the weeks after release caused more trouble than the original accusation. Most of these mistakes come from stress and the urge to fix things quickly, and all of them can be avoided.
Can you contact the alleged victim or a witness after an arrest?
You should not, even to apologize or explain. Contact with the alleged victim or a witness can be treated as witness tampering under N.J.S.A. 2C:28-5, which covers trying to get someone to testify falsely, withhold testimony, or skip court. Tampering is graded from the fourth degree up to the first degree, depending on how serious the underlying case is and whether threats or force were involved.
Even a friendly message like “please tell them it was a misunderstanding” can support the charge. If you need to communicate about shared children, property, or housing, let your lawyer handle it or arrange a channel the court has approved.
Should you delete texts or social media posts about the case?
No. Deleting or altering anything connected to the case can create a new charge. Under N.J.S.A. 2C:28-6, destroying or concealing physical evidence when you believe an official proceeding is pending or about to begin is a fourth-degree crime, punishable by up to 18 months in prison. Prosecutors can often recover deleted messages from the other person’s phone or from the service provider anyway, and the deletion then looks like a sign of guilt.
The better approach is to stop posting entirely and leave existing content alone until you have talked with your lawyer. Prosecutors routinely use photos, check-ins, and comments as evidence, including posts that seem harmless.
What happens if you miss a court date in New Jersey?
Missing court usually leads the judge to issue a bench warrant, which is an order for your arrest. Under N.J.S.A. 2C:29-7, knowingly failing to appear after being released on an indictable charge can also be prosecuted as a separate crime. A missed appearance also works against you later, because it can count against release in a future case and make prosecutors less willing to negotiate.
If you cannot make a court date because of illness or an emergency, call your lawyer before the court date, not after. Courts are far more forgiving when someone asks for an adjournment ahead of time.
What if the protected person invites you back home?
Do not go, even if they ask. A restraining order binds you, not the person it protects, so their invitation is not a defense. Violating a temporary or final restraining order is contempt under N.J.S.A. 2C:29-9. It is a fourth-degree crime when the conduct that violates the order is itself an offense, such as harassment. Other violations, such as showing up at the home, are disorderly persons offenses. Violating any condition of pretrial release can also lead the court to revoke your release under N.J.S.A. 2A:162-24 and hold you until trial.
Is it a mistake to plead guilty at your first court date?
Often, yes. In municipal court, a plea to a disorderly persons offense can look like the fastest way out. It may also use up your one chance at conditional dismissal, put a conviction on your record, or trigger deportation if you are not a U.S. citizen. Before entering any plea, you are entitled to see the evidence against you. Pleading before anyone has reviewed the police report, video, or lab results means accepting the State’s version of events without testing it.
Which deadlines can you miss without realizing it?
Several short deadlines can close off options for good. Under Court Rule 3:28-3, an application for Pretrial Intervention (PTI) is generally due no later than 28 days after indictment. If you are convicted in municipal court, Court Rule 3:23-2 gives you 20 days to appeal to the Superior Court. Evidence has its own timeline, too. Surveillance video from stores, bars, and buses in Jersey City is often recorded within days unless someone asks for it to be preserved.
How can The Law Offices of Anthony Carbone help you avoid these mistakes?
We give every client clear instructions on contact, social media, and court dates from the first day. We track the deadlines, request evidence before it disappears, and handle communication with the other side so you do not have to.
An arrest is stressful, and the urge to fix things yourself is understandable. Most of the damage we see comes from that urge. If you or a family member has been arrested in Jersey City or anywhere in New Jersey, contact The Law Offices of Anthony Carbone for a confidential consultation before taking any other step.