If you are facing a murder charge in New Jersey, you cannot afford to take any chances with your defense. A murder conviction will change your life forever, and, as a result, you owe it to yourself and your family to leverage every opportunity you have available. This requires both an in-depth understanding of the murder case process and representation from a highly experienced New Jersey murder lawyer who knows how to protect you at every step along the way.
Understanding What Happens When You Get Accused of Murder in New Jersey
While every case is unique, murder cases in New Jersey generally follow the same basic process. Here is an overview of what this process entails:
Investigation
Murder cases typically begin with an investigation. Unless the police witness a murder first-hand, they will need to conduct an investigation to gather the evidence needed to substantiate a murder charge under New Jersey law. If you are aware that you are facing a murder investigation, you will want to hire a lawyer to represent you during the investigative process, as there are several steps your lawyer can take at this stage to help protect you against unnecessary consequences.
Criminal Complaint
If the police believe they have enough evidence to substantiate a murder charge, the next step is for the government to prepare a criminal complaint. This will then lead to the issuance of an arrest warrant by the Superior Court.
Arrest
Once the police have an arrest warrant, they can take a murder suspect into custody. When the police take a suspect into custody, they will search the suspect, take the suspect’s fingerprints, and formally “book” the suspect into the New Jersey Department of Corrections system.
Pre-Trial Detention
Once you have been arrested on suspicion of murder in New Jersey, you can be held in detention pending your trial. If you are held in detention, the Superior Court must schedule your first appearance within 72 hours.
First Appearance
During your first appearance, a Superior Court judge will inform you of your rights and decide whether you should remain in custody until your murder trial. While this hearing may largely be a formality, it is still essential that you show up in court, as failing to appear can result in penalties even if you are not guilty of murder.
Grand Jury Indictment
After your first appearance, the next major step in the process is for prosecutors to take your case before a grand jury. The grand jury is composed of New Jersey residents, and its role is to determine whether prosecutors have enough evidence to continue pursuing the charge (or charges) against you. Crucially, defendants and their lawyers generally are not permitted to be involved in the grand jury process. As a result, prosecutors will only seek an indictment when they are ready, and grand juries will return an indictment in most cases.
Pre-Arraignment Conference and Arraignment
If the grand jury indicts you for murder, your New Jersey murder lawyer will need to begin preparing for your pre-arraignment conference. This is when prosecutors are required to disclose the evidence they are planning to present in court (though they may also obtain additional evidence later in the process). At this stage, it will be important for your lawyer to have as much information about your case as possible.
Next is your arraignment. This is when you will need to enter a plea of “guilty” or “not guilty.” As we have discussed previously, we strongly advise against pleading “guilty” unless you have made an informed decision based on the advice of counsel.
Pre-Trial Procedures
After your arraignment, the prosecutor’s office and your New Jersey murder lawyer may pursue a variety of pre-trial procedures. In some cases, it will be possible to get a murder charge dismissed during this stage of the process. However, the options you have available will depend on the specific circumstances at hand, and it will be critical for you to work closely with your lawyer to ensure that you are making sound and strategic decisions.
Plea Deals
One decision you will need to make is whether to pursue a plea deal. If it appears likely that you will face a murder conviction at trial, then seeking a plea deal could be your best option. However, accepting a plea deal will have life-altering consequences of its own, so this is not a decision that you can afford to take lightly.
Trial
If you decide not to accept a plea deal (and your lawyer isn’t able to get your murder charge dismissed during the pre-trial phase of your case), you will need to fight your murder charge at trial. The prosecution will present its case, your lawyer will present your defense, and then the judge or jury will render a verdict based on whether the prosecution has met its burden of proof. If the judge or jury finds you guilty, you will then be sentenced in accordance with New Jersey law.
This is just a brief overview of the significant steps that are typically involved in a murder case in New Jersey. From deciding whether to request a jury trial to raising issues with the prosecution’s disclosure of its evidence against you, there is much more involved in defending against a murder charge—and the specific steps leading up to your trial will be determined by the circumstances of your case. For legal advice that is custom-tailored to your specific circumstances, you should consult with an experienced New Jersey murder lawyer as soon as possible.
Schedule a Confidential Consultation with a New Jersey Murder Lawyer at Helmer, Conley & Kasselman, P.A.
Are you facing murder accusations in New Jersey? If so, our lawyers are available to assist you, but it is important that you contact us right away. To schedule a confidential consultation with a New Jersey murder lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or tell us how we can reach you online now.
