An arrest is disorienting, and most people say or do something in the first few hours that they later regret. What you do during those hours can shape the entire case, from whether you go home within two days to whether the prosecutor has a statement to use against you. At The Law Offices of Anthony Carbone, we have guided people and their families through arrests in Jersey City for more than three decades. What follows is the practical advice we give, step by step, from the moment the handcuffs go on to the weeks after release.
What should you do while you are being arrested?
Stay calm, keep your hands visible, and do not resist, even if you believe the arrest is wrong. Pulling away or running can lead to a separate charge of resisting arrest under N.J.S.A. 2C:29-2. That charge is a disorderly persons offense, and it becomes a fourth-degree crime if you flee. It is common for this charge to stay on the record even after the original charge is dismissed.
The place to argue that the arrest was unlawful is court, not the street. Most Jersey City patrol officers now wear body cameras, so the footage can later show whether the officers had a lawful basis to stop and arrest you.
Do you have to let police search you, your car, or your home?
You can say no to a search that requires your consent. Say it clearly and calmly: “I do not consent to any searches.” Do not physically block the officers. New Jersey gives you more protection here than federal law does. Under State v. Johnson (1975), consent counts only if you knew you had the right to refuse. Under State v. Carty (2002), police need reasonable suspicion of wrongdoing before they can even ask to search a car during a traffic stop.
Police can still search without consent in some situations, such as with a warrant or when you are lawfully arrested. If they search anyway, a refusal you stated clearly makes it easier for your lawyer to challenge the search later.
What should you say at the police station?
Give your name and basic identifying information. Then say, “I am going to remain silent, and I want a lawyer,” and stop talking. Detectives may say that explaining your side will help you, or that the case will move faster if you cooperate. Under New Jersey law, a statement you give without a lawyer can be used against you, while staying silent cannot.
Be just as careful on the phone. Calls from the station or the Hudson County Correctional Center are recorded, and prosecutors listen to them. Use your call to reach family or a lawyer, and do not talk about what happened.
How soon will you see a judge after an arrest in Jersey City?
The timing depends on how you are charged. If police release you on a complaint-summons, you will receive a written date for your first court appearance. For lower-level disorderly persons offenses, that appearance is usually in Jersey City Municipal Court.
If you are charged on a complaint-warrant and held, New Jersey’s Criminal Justice Reform Act generally requires a judge to make a release decision within 48 hours. That decision is based in part on the Public Safety Assessment, a risk score prepared by Pretrial Services. If the prosecutor asks to keep you in jail, a detention hearing follows, usually within a few working days. Having a lawyer at that hearing can be the difference between going home and waiting months in jail.
What should you do in the days after you are released?
The days after release are when a defense is built or weakened. These steps matter most:
- Read your release paperwork carefully and follow every condition. Under N.J.S.A. 2A:162-24, violating a release condition can send you back to jail.
- If a temporary restraining order was entered in a domestic violence case, do not contact the protected person or go to the residence listed, even if they invite you.
- Write down everything you remember, along with the names of any witnesses. Ask a lawyer to request surveillance video quickly, because many businesses record over it within days.
- Stay off social media about the case. Prosecutors routinely use posts and messages as evidence.
- If you are not a U.S. citizen, get immigration advice before any plea, since even a minor conviction can affect your status.
Write down every court date, too. Missing one can lead to a bench warrant for your arrest.
When should you call The Law Offices of Anthony Carbone?
Call as soon as possible, ideally before any questioning and before the first hearing. Early on, we can appear at a detention hearing, preserve video and other evidence before it disappears, and spot problems with the stop or search while they can still be raised.
An arrest is not a conviction, and what you do in the hours and days that follow can protect your options. If you or someone you love has been arrested in Jersey City or anywhere in Hudson County, contact The Law Offices of Anthony Carbone for a confidential consultation.