Question 1

How does a criminal case start?

Accepted Answer

A case begins when a law enforcement officer or a private citizen files a formal complaint, alleging that a crime has been committed. This can happen after an arrest, an investigation, or when a victim reports a crime.

Question 2

What happens after an arrest?

Accepted Answer

If a person is arrested, it must be based on "probable cause" — meaning there's reasonable belief they committed a crime. Arrested individuals are typically processed (booked) at a police station, where they are fingerprinted and photographed. They are then either released with conditions or held for a detention hearing.

Question 3

What are the different types of crimes in New Jersey?

Accepted Answer

Crimes are classified by degree: First Degree (10-20 years in prison), Second Degree (5-10 years), Third Degree (3-5 years), and Fourth Degree (up to 18 months). Disorderly persons offenses carry up to 6 months in jail, and petty disorderly persons offenses carry up to 30 days.

Question 4

What happens at a first court appearance?

Accepted Answer

The defendant appears before a judge, usually within 48 hours of an arrest. The judge reviews charges, advises on legal rights, and makes a determination about pretrial release or detention.

Question 5

How does bail work in New Jersey?

Accepted Answer

Under recent reforms, bail is only set in limited cases. Most defendants are either released with conditions or detained if the court determines they pose a risk of flight or danger to the community. New Jersey now uses a risk-based Public Safety Assessment (PSA) system.

Question 6

Do defendants have a right to an attorney?

Accepted Answer

Yes. If they can't afford a private lawyer, they may qualify for a public defender after an indigency investigation. However, hiring a private attorney ensures you receive personalized, dedicated attention to your case.

Question 7

What is a grand jury?

Accepted Answer

A grand jury is a group of citizens selected from voter registrations, driver's licenses, and tax lists. Their role is to review evidence presented by the prosecutor and determine whether there is enough probable cause to formally charge (indict) a defendant.

Question 8

What is a grand jury, and how does it affect a case?

Accepted Answer

A grand jury reviews evidence presented by the prosecutor. If they believe there's enough evidence, they issue an indictment, formally charging the defendant. Grand jury proceedings are secret, and the defendant is not present.

Question 9

Do grand jurors decide if someone is guilty?

Accepted Answer

No. The grand jury does not determine guilt or innocence. They only decide whether there is enough evidence to move forward with criminal charges. The standard is probable cause, which is much lower than the beyond a reasonable doubt standard required at trial.

Question 10

Can the defendant or their attorney attend the grand jury hearing?

Accepted Answer

No. Neither the defendant nor their attorney is present during grand jury proceedings. Witnesses, however, may testify regarding the alleged crime.

Question 11

What happens if the grand jury indicts a defendant?

Accepted Answer

If the majority of the 23 jurors vote to indict, the defendant must face further criminal proceedings in the Superior Court. The case then moves to arraignment, discovery, pretrial motions, and potentially trial.

Question 12

What happens if the grand jury does not indict?

Accepted Answer

If the grand jury finds the evidence insufficient, they issue a "no bill," and the charges are dismissed. However, the prosecutor may present the case again to a different grand jury with additional evidence.

Question 13

What is an arraignment?

Accepted Answer

An arraignment is a formal court proceeding where a defendant is officially informed of the charges against them. The defendant enters a plea (guilty, not guilty, or no contest) and the court addresses any pretrial matters.

Question 14

When does the arraignment happen?

Accepted Answer

If a defendant has been indicted, the arraignment must occur within 14 days. This is one of the first formal proceedings in Superior Court after an indictment.

Question 15

What is a plea bargain?

Accepted Answer

A plea bargain is an agreement where a defendant pleads guilty in exchange for a reduced sentence or lesser charges. However, a judge must approve the agreement, and the defendant must understand and voluntarily accept its terms.

Question 16

What is Pretrial Intervention (PTI)?

Accepted Answer

PTI is a diversion program for first-time, non-violent offenders. It allows defendants to avoid a conviction by completing conditions such as community service, counseling, or drug treatment. Upon successful completion, the charges are dismissed.

Question 17

What happens at trial?

Accepted Answer

If no plea agreement is reached, the case goes to trial. The prosecution presents evidence, and the defense can challenge it. Both sides make opening and closing statements, examine witnesses, and present evidence. The jury (or judge in a bench trial) then decides guilt or innocence.

Question 18

What are the penalties for DWI in New Jersey?

Accepted Answer

DWI penalties vary by offense: First offense (BAC 0.08-0.10%): up to 30 days jail, $250-$400 fine, 3-month license suspension. First offense (BAC over 0.10%): up to 30 days jail, $300-$500 fine, 7-12 month suspension. Second offense: 2-90 days jail, $500-$1,000 fine, 1-2 year suspension. Third offense: 180 days jail, $1,000 fine, 8-year suspension.

Question 19

Can I refuse a breathalyzer test?

Accepted Answer

While you can physically refuse, New Jersey's implied consent law means refusal carries its own penalties, which are often as severe as a DWI conviction. Refusal penalties include license suspension, fines, and mandatory installation of an ignition interlock device.

Question 20

What defenses are available for DWI charges?

Accepted Answer

Common DWI defenses include: challenging the legality of the traffic stop, questioning breathalyzer calibration and maintenance records, challenging field sobriety test administration, raising medical conditions that could affect results, and arguing rising blood alcohol (your BAC was below the limit while actually driving).

Question 21

Can I appeal a criminal conviction?

Accepted Answer

Yes. If you believe legal errors occurred during your trial that affected the outcome, you have the right to appeal. In New Jersey, you generally have 45 days from the date of judgment to file a Notice of Appeal.

Question 22

What are grounds for appeal?

Accepted Answer

Common grounds include: incorrect jury instructions, improper admission or exclusion of evidence, constitutional violations during investigation or trial, ineffective assistance of counsel, prosecutorial misconduct, and sentencing errors.

Question 23

Can I get my criminal record expunged?

Accepted Answer

Many criminal records in New Jersey can be expunged after a waiting period. Indictable crimes and disorderly persons offenses typically require a 5-year waiting period after completing your sentence. Dismissed charges can be expunged at any time.

Question 24

Where is the Middlesex County Superior Court located?

Accepted Answer

The Middlesex County Superior Court is located at 56 Paterson Street, New Brunswick, NJ 08901. This is where all indictable criminal cases, grand jury proceedings, detention hearings, and family court matters for Middlesex County are handled.

Question 25

Which municipal courts serve Middlesex County?

Accepted Answer

Each municipality in Middlesex County operates its own municipal court, handling DWI/DUI charges, disorderly persons offenses, traffic violations, and local ordinance violations. Major municipal courts include East Brunswick, Edison, Woodbridge, New Brunswick, Old Bridge, Piscataway, Perth Amboy, Sayreville, South Brunswick, North Brunswick, South Plainfield, Metuchen, Highland Park, Carteret, and South River.

Question 26

What should I expect after an arrest in Middlesex County?

Accepted Answer

After an arrest in Middlesex County, you will be processed at the local police station, fingerprinted, and photographed. Under New Jersey's Criminal Justice Reform Act, a Public Safety Assessment (PSA) will determine whether you are released with conditions or held for a detention hearing at the Middlesex County Superior Court in New Brunswick. Contact an attorney as soon as possible to protect your rights.

Question 27

How do I find my court date in Middlesex County?

Accepted Answer

For Superior Court cases in Middlesex County, you can contact the Criminal Division at the Middlesex County Courthouse in New Brunswick or check the New Jersey Courts website. For municipal court cases, contact the municipal court clerk in the town where your case is being heard. Your attorney can also obtain this information on your behalf.

Question 28

Why hire a local Middlesex County criminal defense attorney?

Accepted Answer

A local attorney brings familiarity with Middlesex County judges, prosecutors, and court procedures — knowledge that can significantly impact the outcome of your case. Nicholas A. Moschella, Jr. is a former municipal prosecutor who practices regularly in courts throughout Middlesex County, giving him direct insight into how cases are handled locally.

Question 29

Why Choose Nicholas A. Moschella, Jr., LLC?

Accepted Answer

As a former municipal prosecutor, Nicholas A. Moschella, Jr. brings unique insight into how prosecutors approach criminal cases. He provides aggressive, strategic defense with personal attention — you work directly with your attorney, not a paralegal. His track record includes dismissed charges, reduced sentences, and acquittals across a wide range of criminal matters.

Frequently Asked Questions

Getting Started with a Criminal Case

The Grand Jury and Indictment Process

The Arraignment

Disposition/Status Conferences and Pretrial Conferences

The Criminal Trial Process in New Jersey

DWI/DUI & Breathalyzer Refusal

Post-Conviction Options & Appeals

Criminal Defense in Middlesex County

Why Choose Our Firm

Still Have Questions?