The first 72 hours after an accusation shape the rest of the case, and almost everything people do instinctively during that window works against them. The Law Offices of Anthony Carbone defends these charges throughout New Jersey, where sex offenses carry mandatory prison terms, an 85 percent parole bar, and registration obligations that outlast any sentence. What you say to a detective, a text you send trying to smooth things over, a conversation with a mutual friend, all of it becomes discovery. The steps below are the ones that actually preserve your position.
Should you talk to the police?
No. Decline the interview and ask for a lawyer, clearly and out loud. You have to identify yourself. Beyond that, say that you are not answering questions and that you want an attorney, then stop talking.
Miranda warnings apply only to custodial interrogation, so a detective who invites you to come in for a conversation may never read you your rights, and everything you say is still admissible. New Jersey does provide one protection worth knowing: under State v. A.G.D., 178 N.J. 56 (2003), police must tell you that a complaint or warrant has already been filed before seeking a waiver of your rights. Concealing that invalidates the waiver.
Your silence cannot be used against you. State v. Muhammad, 182 N.J. 551 (2005), bars the State from commenting on silence at or near the time of arrest, even for impeachment.
What should you avoid doing right now?
Do not contact the person who made the accusation, through any channel or any intermediary. Apology messages are the most common self-inflicted wound in these cases, because a text reading “I’m sorry if I made you uncomfortable” is offered at trial as an admission. Reaching out through a friend or family member can also support a witness tampering charge under N.J.S.A. 2C:28-5, a third degree crime.
Do not delete anything. Messages, photos, call logs, and social media posts are recoverable, and deletion creates an evidence tampering exposure under N.J.S.A. 2C:28-6 while handing the prosecutor an argument about consciousness of guilt.
Do not consent to a search of your phone or home, and do not submit to a DNA swab without counsel. Police generally need a warrant for a phone under Riley v. California, 573 U.S. 373 (2014). Refusing consent is not evidence of anything.
Do not discuss the case on a recorded jail line, with coworkers, or with anyone other than your attorney. New Jersey’s attorney client privilege under N.J.R.E. 504 protects the lawyer conversation. Nothing else on that list is protected.
What should you do?
Write down everything you remember while it is fresh, and give it to your attorney rather than keeping it on your phone. Include times, locations, who else was present, and what you were doing before and after.
Preserve the records that corroborate your timeline. Rideshare receipts, card transactions, building access logs, phone location history, and surveillance footage all carry timestamps that memory does not. Commercial video is frequently overwritten on a 14 to 30 day cycle, which is why defense counsel sends preservation letters immediately rather than after indictment.
Identify witnesses by name and contact information, but do not interview them yourself. An investigator working under your lawyer can take statements without creating the appearance that you shaped testimony.
What are you actually facing?
Grading under N.J.S.A. 2C:14-2 and 2C:14-3 turns largely on whether penetration is alleged:
- Aggravated sexual assault, first degree: 10 to 20 years.
- Sexual assault, second degree: 5 to 10 years.
- Aggravated criminal sexual contact, third degree: 3 to 5 years.
- Criminal sexual contact, fourth degree: up to 18 months.
The No Early Release Act, N.J.S.A. 2C:43-7.2, requires 85 percent of the term to be served on the first two before parole eligibility. Convictions trigger Megan’s Law registration under N.J.S.A. 2C:7-2 and Parole Supervision for Life under N.J.S.A. 2C:43-6.4. Pretrial Intervention is presumptively unavailable for first and second degree crimes. There is no statute of limitations for sexual assault or aggravated sexual assault under N.J.S.A. 2C:1-6, so allegations from decades ago can still be charged.
Under the Criminal Justice Reform Act, effective January 1, 2017, cash bail no longer applies. A judge holds a first appearance within 48 hours of a warrant arrest and decides on detention, with any detention hearing held within three working days of the prosecutor’s motion.
Are there parallel proceedings to prepare for?
Usually. A protective order petition under the Sexual Assault Survivor Protection Act, N.J.S.A. 2C:14-13, can be filed separately with a final hearing within ten days of a temporary order. A university may open a Title IX investigation on its own schedule. If children are involved in the household, the Division of Child Protection and Permanency may open a case. Statements made in any of those forums can reach the criminal file, and each needs to be handled with the criminal case in mind.
An accusation is not proof, and the people who come forward deserve to be taken seriously while the person accused still gets a defense. Both of those things hold at once. If you are under investigation or have already been charged, The Law Offices of Anthony Carbone can contact the detective on your behalf, appear at the detention hearing, and start preserving the evidence that supports your account before it is gone.