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New Jersey: how a case moves

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A New Jersey case moves through seven stages, from the first police contact to sentencing. Below is each stage in order, then the time limits that apply and what to avoid. The steps are the same ones our What happens next tool shows.

Current as of November 11, 2026. We re-check this page regularly and after any rule change.

Mitchell Bromberg, Mikhail Usher and Alex Susi on the courthouse steps

The stages, in order

Your case may not pass through every stage, and a lawyer who knows your charge can tell you which ones apply. Read them in order, because what you can do changes at each one. If you want to pick your stage and see only the steps that fit, use the What happens next tool.

  1. Under investigationSay clearly that you want a lawyer and will not answer questions; staying silent alone may not be enough. [1]If you are in custody and say you want a lawyer, police questioning must stop until a lawyer is present. [2]You are protected against unreasonable searches, and a search warrant needs probable cause sworn under oath. [3]If officers arrive with a warrant, stay calm, don't resist, ask for a copy and call your lawyer.Call a lawyer now, before any interview, so the lawyer can deal with the police for you.
  2. ArrestedAsk for a lawyer and say nothing about the case; once you ask, police questioning must stop. [2]Police generally need a warrant to search the data on a phone taken at the arrest. [4]Family can call a lawyer now so one is ready for the first court appearance.Write down the court name and date on any paperwork the police gave you.
  3. ArraignedThe court must release you on your own recognizance or an unsecured bond when that reasonably assures your return, safety and no obstruction. [5]Any release conditions must be the least restrictive that will work, and they include no contact with the alleged victim. [6]The prosecutor may ask the court to hold you until trial for listed charges, including any case involving domestic violence. [7]You have the right to a lawyer at a detention hearing, appointed if you cannot afford one. [8]
  4. ChargedYour lawyer reads the charging papers with you and explains each count.Your lawyer asks for the prosecutor's evidence and goes over it with you.You have the right to a speedy and public trial by an impartial jury, to confront the witnesses and to a lawyer. [9]
  5. Plea offerYour lawyer goes over the offer with you, line by line, before any decision.Ask your lawyer what the offer would mean for your record, your job and your immigration status.Take the time to ask every question you have before the next court date.
  6. TrialYour lawyer prepares the defense with you and goes over how each trial day works.You have the right to a speedy and public trial by an impartial jury, to confront the witnesses and to a lawyer. [9]No one can force you to be a witness against yourself. [10]
  7. After sentencingIf you want to appeal, a notice of appeal must be filed with the Appellate Division within 45 days. [11]Follow every term of the sentence or probation exactly, and keep proof that you did.Ask your lawyer about any immigration or licensing effects of the conviction.

Deadlines

These are the time limits the tool shows for New Jersey. Some apply only if you are held in custody, and they are labeled that way. Time often runs from a date on your own paperwork, so give every paper you receive to your lawyer.

Arrested

  • If you are held in custody: First appearance within 48 hours of commitment to the county jail, when no detention motion has been filed. [12] (as of November 11, 2026)
  • If you are held in custody: With a detention motion: a rights advisement within 48 hours of confinement, and the detention hearing within three working days of the motion. [13] (as of November 11, 2026)

Arraigned

  • If you are held in custody: Release decision no later than 48 hours after you are committed to jail, unless a detention hearing applies. [14] (as of November 11, 2026)
  • If you are held in custody: Detention hearing no later than the first appearance, or within three working days of a later motion; continuances are limited to five days for the defense and three for the prosecutor, except for good cause. [15] (as of November 11, 2026)
  • If you are held in custody: If you are held and not yet indicted, you may not stay in jail more than 90 days before indictment, not counting excludable time, unless the court makes findings that allow up to 45 more days. [16] (as of November 11, 2026)

Trial

  • If you are held in custody: If you are indicted and held, trial must begin within 180 days after the indictment, not counting excludable time, subject to court findings; after two years of detention you must be released after a hearing if the prosecutor is not ready. [17] (as of November 11, 2026)

After sentencing

  • Notice of appeal: within 45 days; a 30-day extension is possible only for good cause and absence of prejudice. [11] (as of November 11, 2026)

What not to do

  • Do not talk to the police or investigators about the case without a lawyer. Ask for a lawyer and then stop talking.
  • Treat every jail call as recorded. Do not discuss the case on it, and tell family not to.
  • Do not contact the person who made the accusation, directly or through anyone else.
  • Do not post about the case, the arrest or anyone involved, and do not delete messages, photos or files.
  • Do not miss a court date or ignore a paper from the court. Tell your lawyer about every date.

If a judge sets release conditions, read them with your lawyer. Conditions can include staying away from the person who accused you, so treat any message to that person, directly or through a friend, as off limits.

Charges and first steps in New Jersey

If you know the charge, start with its page: Assault, DWI and DUI, Drug charges, Domestic violence, Theft and larceny. The full list is on the charges page.

If the arrest just happened, read what to do right now, then arraignment and bail and release. If you are a relative of the person arrested, start with the family page. To see the steps for your exact stage, use What happens next. Other courts: all the courts we appear in.

Sources

  1. Berghuis v. Thompkins, 560 U.S. 370 (2010). Current as of November 11, 2026. Official text
  2. Miranda v. Arizona, 384 U.S. 436 (1966). Current as of November 11, 2026. Official text
  3. U.S. Const. amend. IV. Current as of November 11, 2026. Official text
  4. Riley v. California, 573 U.S. 373 (2014). Current as of November 11, 2026. Official text
  5. N.J.S.A. 2A:162-17(a) (P.L.2014, c.31, § 3). Current as of November 11, 2026. Official text
  6. N.J.S.A. 2A:162-17(b) (P.L.2014, c.31, § 3). Current as of November 11, 2026. Official text
  7. N.J.S.A. 2A:162-19(a) (P.L.2014, c.31, § 5). Current as of November 11, 2026. Official text
  8. N.J.S.A. 2A:162-19(e)(1) (P.L.2014, c.31, § 5). Current as of November 11, 2026. Official text
  9. U.S. Const. amend. VI. Current as of November 11, 2026. Official text
  10. U.S. Const. amend. V. Current as of November 11, 2026. Official text
  11. N.J. Ct. R. 2:4-1(a), 2:4-4(a), as stated in the Judiciary's appeal-rights form CN 10778 (Directive #05-14). Current as of November 11, 2026. Official text
  12. N.J. Ct. R. 3:4-2(a)(1) (amended eff. June 8, 2020). Current as of November 11, 2026. Official text
  13. N.J. Ct. R. 3:4-2(h) (eff. June 8, 2020). Current as of November 11, 2026. Official text
  14. N.J.S.A. 2A:162-17 (P.L.2014, c.31, § 3). Current as of November 11, 2026. Official text
  15. N.J.S.A. 2A:162-19(d)(1) (P.L.2014, c.31, § 5). Current as of November 11, 2026. Official text
  16. N.J.S.A. 2A:162-22(a)(1)(a) (P.L.2014, c.31, § 8). Current as of November 11, 2026. Official text
  17. N.J.S.A. 2A:162-22(a)(2)(a) (P.L.2014, c.31, § 8). Current as of November 11, 2026. Official text

Arrested, or think you might be? Call before you answer any questions.

Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.

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