NJ Criminal Charges Against Residents from Other States
July 26, 2024
Don’t Live in NJ But You Got Arrested? Here’s What You Need to Know
The Garden State is a popular destination for visitors across the nation and overseas. Family, vacationers, businesspeople, and passersby, come to stay or pass through on their way to neighboring states. New Jersey has waterfront vacation spots, commerce, national parks, and entertainment of all sorts. The unsuspecting visitor may be unaware of New Jersey’s laws, however, and find themselves in trouble. The unsuspecting out-of-state individual may face serious criminal or DWI charges resulting from ignorance of New Jersey law. When arrested, you should immediately contact a New Jersey criminal defense attorney at Proetta, Oliver, & Fay for protection and support in defending your case. Knowing what to expect and your rights in New Jersey can help you through the otherwise confusing and terrifying process.
Contact us right away at (609)-850-8284 to speak with a criminal defense lawyer who can listen to the circumstances of your unique case and provide further guidance on the road ahead. Our law firm provides dedicated representation to clients arrested and charged in New Jersey towns like Pemberton, Lumberton, Mount Holly, Mount Laurel, Riverside, Bordentown, Florence, and throughout Burlington County, NJ. Free consultations are available 24/7.
Common Reasons People from Out of State Face Charges in New Jersey
For one, a visitor may not know that New Jersey’s marijuana laws are unique when it comes to federal property, so they may face prosecution for bringing marijuana into a national park or buying it from a random person, as opposed to a state-licensed and approved dispensary. Someone else may unknowingly violate the state’s strict gun laws by bringing their gun from elsewhere into a casino, onto a college campus, or even carrying it without a carry permit from the state of NJ.
Businesspeople coming to the state for conventions are other company matters may face DWI charges when the wine and dine then drive back to their hotels. And those passing through with the state with prescription drugs stored in anything other than the original bottle can face charges for violating New Jersey’s extensive drug laws. Getting into a physical altercation while visiting New Jersey is yet another source of criminal prosecution for out of state residents, often leading to charges for simple assault or even aggravated assault depending on the scenario.
Unraveling the Terminology of the NJ Criminal Justice System
Legal jargon is confusing, and each state has its own specific terminology. You may feel in the dark when you are unfamiliar with New Jersey laws and procedures. For example, you may need to learn what indictable crime or disorderly persons offense means. Your state may use felonies and misdemeanors to describe the types and degrees of violations. An indictable crime is more severe than a disorderly persons offense and each is under the jurisdiction of a separate court. Your case goes to the superior court for an indictable crime and municipal court for a disorderly persons offense. Your penalties are increasingly harsh as you move from municipal to superior court and from fourth degree to first degree crimes.
Pre-Trial Detention and Release Process in NJ Cases Involving Out-of-State Residents
Other terms and procedures you want to know that differ in New Jersey are the bail and release procedures. You want to know when or if you can leave jail or the state and go home. New Jersey criminal courts typically release you after arrest unless you committed an offense that bars you from release, like homicide or sexual assault. Also, when a judge determines you are a flight risk or pose a public safety threat outside jail, you are unlikely to go free and must remain incarcerated until your trial or other resolution of the case.
A judge may release you pending your trial, sometimes with conditions for your release, like staying in New Jersey, when your charges are not a first or second degree crime, and you have no history of missing court dates or committing violent crimes. However, a prosecutor may motion to detain you in jail in New Jersey while your case is ongoing, which means you need a zealous criminal defense attorney arguing for your release at your detention hearing.
Spectrum of Offenses by Severity, Penalties, and Court Venues in NJ
First and second degree charges are the most serious, with the longest prison sentences and highest fines. For example, driving with a handgun in your car without a permit from NJ is a second degree crime that is punishable by five to ten years in prison and a $150,000.00 fine. First degree crimes can land someone in prison for 20 years or longer with aggravating circumstances or for certain crimes with extended sentencing, such as carjacking and kidnapping. First and second degree crimes come with a presumption of incarceration. Unless your attorney can convince a judge that imprisonment does not serve justice, you should expect a prison sentence if convicted. Some crimes come with mandatory minimum sentences you must serve before your release.
Third and fourth degree crimes typically do not carry incarceration presumptions. However, the sentences are still burdensome. You could spend up to 5 years in prison for a third degree crime and pay a $15,000.00 fine, while a fourth degree crime has you looking at a maximum of 18 months in jail with a $10,000.00 fine. All indictable crimes begin and end in superior court unless your attorney can lower the charges.
Lesser offenses, like disorderly persons offenses, traffic offenses (including DUIs), and municipal ordinance violations, go to municipal court and are punishable by a year or less in jail, but jail is not mandatory. A disorderly persons offense sentence includes up to 6 months in jail and a $1,000.00 fine, while a petty disorderly persons offense is 30 days in jail and a $500.00 fine, at most.
A DWI is Criminal in my Home State, Does that Mean a DUI is a Criminal Charge in New Jersey Too?
New Jersey handles DUIs in municipal court as a traffic offense. However, since the penalties include jail and community service, among various mandates for the payment of fines, fees, surcharges, and ignition interlock device installation, they are considered quasi-criminal. The good news is, a New Jersey DWI does not show up on your criminal record as a conviction for a crime. Nevertheless, your home state likely has its own rules about handling DWI convictions from other states, especially if you get a subsequent DUI when you return home in the future.
How Do You go to New Jersey Court if You are Allowed to Return Home?
One condition for your release from jail is to return to court at scheduled hearings. Your attorney may be able to help you get permission to return home, so long as you return to New Jersey for your court appearances and the charges against you are not too grave. However, it also depends on the court’s schedule and your next appearance. You might not have time to return home, especially if you live far from New Jersey.
For defendants in distant states, the logistics of returning to New Jersey for pretrial hearings may be too challenging, and criminal courts typically require the accused’s physical presence in court. But that depends on the nature of the charges. Minor offenses may not need your presence in court, but your attorney can appear. However, you must be present at your trial. You may also have the option of appearing virtually in court, depending on the specific charges and the court handling your case. Then again, a trial may be unnecessary if your attorney can negotiate a plea bargain with the prosecuting attorney. You may agree to plead guilty in exchange for a reduced sentence or probation. You may even have the option to enroll in a diversionary program.
What if I Have No Prior Record?
Municipal courts and superior courts offer first-time offenders diversionary programs to avoid incarceration and a criminal record. These supervised programs, Pre-Trial Intervention in superior court and conditional dismissal or conditional discharge in municipal court require participants in New Jersey to undergo drug testing and attend educational programs or counseling, among other requirements. After completing a diversionary program, your record is clear of any convictions but not necessarily clear of the arrest record. Fortunately, that you can expunge after waiting 6 months after completing PTI or conditional discharge/dismissal.
What Happens if I’m Convicted in NJ?
Otherwise, a conviction means serving a prison or jail term in New Jersey. If your sentence does not include incarceration, you may be able to transfer and serve a probation sentence at home.
If the Crime I’m Involved in Supposedly Crossed State Lines, What Kind of Case is it and How is the Process Different?
Your case may be trickier when you commit a crime that crosses state lines, such as drug or weapons trafficking. Interstate criminal activity is federal, so your case is in federal court. Federal crimes tend to be more severe, and the federal government can be severe in punishing them, not to mention the fact that the court procedures and virtually everything about the case is handled differently in U.S. District Court.
Speak with our Talented Team of Criminal Defense Attorneys if You Get Arrested in NJ from Out of State
Whether your charges are federal or state, superior or municipal court matters, you will need legal help. A criminal defense lawyer with extensive knowledge and experience such as ours at Proetta, Oliver & Fay is well-equipped to prepare your top defense strategy. Our attorneys first obtain discovery from the prosecution to learn about the evidence the state has against you. From there, we investigate the facts and allegations and identify available defenses to prepare for pre-trial motions and potentially, trial.
Before trial, however, we begin negotiations with the prosecuting attorney to resolve your case without going to trial if it best serves your interests. With strong negotiation skills, our criminal attorneys may be able to reason with the prosecuting attorney and convince them of your good character to reduce your charges or lessen the consequences. In lieu of a plea agreement, we may determine that your case is winnable through litigation, in which case we meticulously prepare a trial strategy to get the charges dismissed. If you are a first-time offender, we may also help you get into a diversionary program, speeding up the process of moving on with your life conviction-free.
If you are an out of state visitor facing criminal or DUI charges in Burlington County or surrounding areas in Southern New Jersey, our criminal defense attorneys will be indispensable to protect your constitutional rights and advocate for the most favorable outcome in your case. Contact us anytime for a free consultation at (609)-850-8284 or set up an appointment at our office in Evesham Township, NJ.