An arrest is one of the most stressful experiences a person can go through — and in the immediate moments after it happens, the decisions you make can significantly affect the outcome of your case. Here is what you need to know if you or someone you care about is arrested in New Jersey.
1. Stay Calm and Do Not Resist
Physically resisting an arrest — even an unlawful one — adds additional charges (obstruction, resisting arrest, assault on a law enforcement officer) that complicate your case and make it harder for your attorney to help you. If you believe the arrest is unlawful, the right place to challenge it is in court, not at the roadside or doorstep. Comply physically and let your lawyer handle the legal challenge.
2. Exercise Your Right to Remain Silent
You have an absolute constitutional right to remain silent. Use it. Do not try to explain yourself, provide context, or talk your way out of the situation. Anything you say to police — including in informal conversation before formal questioning begins — can and will be used against you. Politely but clearly state: “I am invoking my right to remain silent.” Then stop talking.
This applies whether you are innocent or guilty. Police are trained to gather information during these interactions. Silence protects you; talking exposes you.
3. Ask for an Attorney Immediately
You have the right to an attorney before and during any questioning. The moment you are placed under arrest, state clearly: “I want an attorney.” Once you request an attorney, all questioning must stop until your attorney is present. Do not answer questions while waiting for your lawyer to arrive.
If you cannot afford an attorney, you have the right to have one appointed. If you can, contact a private criminal defense attorney as soon as possible — ideally before your first court appearance.
4. Do Not Consent to Searches
Police may ask for your consent to search your vehicle, home, phone, or belongings. You are not required to consent. Politely decline: “I do not consent to a search.” If they have a warrant or invoke an exception to the warrant requirement, they may proceed regardless — but your refusal to consent is noted and can matter legally later.
Consenting to a search waives your Fourth Amendment rights. Even if you have nothing to hide, consenting to a search creates evidence and context that can be used against you or others.
5. Take Note of Everything You Can Remember
As soon as you are able — after you have been processed, bonded out, or released — write down everything you can remember about the arrest: the time, location, what the officer said, what you said, whether you were searched, what the officer claimed to observe, whether there were witnesses. This information is critical for your defense attorney and is much more reliable when recorded immediately than when recalled weeks later.
6. Understand What Happens Next
After an arrest in New Jersey, the process typically moves as follows:
- Booking and processing: Fingerprinting, photographing, and entry into the criminal justice system.
- Bail / detention hearing: For indictable (felony) charges, you will have a detention hearing before a judge. New Jersey uses a Public Safety Assessment (PSA) tool and a risk-based system — there is no automatic bail schedule. A judge decides whether you are released, released with conditions, or detained pending trial.
- First appearance / arraignment: You will appear before a judge, be formally informed of the charges against you, and enter a plea. Do not enter a plea without an attorney.
- Discovery and pre-trial proceedings: Your attorney reviews the evidence against you, files motions if applicable, and evaluates your options.
- Resolution: Cases resolve through dismissal, diversionary programs (like PTI or Conditional Discharge), negotiated plea, or trial.
The Most Important Step: Contact a Defense Attorney Immediately
The decisions made in the first hours and days after an arrest can shape the entire trajectory of your case. An experienced criminal defense attorney can intervene early — sometimes before charges are even formally filed — to protect your rights and identify weaknesses in the prosecution’s case before they become harder to address.
Jenna Casper Bloom is a criminal defense attorney based in Flemington, NJ, representing clients throughout Hunterdon County, Somerset County, Morris County, Warren County, and Mercer County. If you or a family member has been arrested, contact Casper Bloom Law today for a free, confidential consultation.
