Defending Clients Charged with

Criminal Offenses in New Jersey

 

Being charged with a criminal offense can have severe consequences.  Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side. 

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Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience.  Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of all types of criminal offenses.  With a proven track record of success, Ms. Denholtz has handled approximately 1,500 felony-level cases to conclusion.

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Ms. Denholtz handles her cases with exacting attention to detail and works tirelessly to ensure her clients receive the best possible outcome for their individualized situation.  At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves.  If you or a loved one are facing criminal charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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Pre-Trial Investigation and Litigation

 

Below is a very brief overview of the criminal justice process in Superior Court.

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Discovery Review:  Once a criminal complaint is filed, the prosecutor has an obligation to provide all available discovery to the defense attorney.  The term “discovery” means all of the evidence in the case, including things like police reports, witness statements, lab reports, photographs, videos, police officer body-worn camera footage, surveillance footage, etc.  It is the defense attorney’s job to scrutinize the discovery to get a firm understanding of the strengths and weaknesses of the State’s case.  Thorough discovery review also informs what types of investigations the defense attorney must do to strengthen the client’s position.

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Defense Investigation:  Once the defense attorney has a firm and complete understanding of the discovery in the criminal case, it is then time to decide what defense investigations must be conducted to strengthen the client’s position (whether that be to fight the case or negotiate the best possible plea offer).  Defense investigation can include things like interviewing witnesses, taking photographs/measurements of the alleged crime scene or physical evidence, sending subpoenas to obtain relevant records, and collecting mitigating information about the defendant.

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Pre-Indictment Conference:  The pre-indictment conference is a time for the State and the defense to appear in court and discuss any outstanding discovery issues, receive the State’s plea offer, and advise the Court whether the defense will be either taking a plea agreement or engaging in plea negotiations with the State or fighting the case.

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Grand Jury:  In New Jersey, if a criminal case is not resolved pre-indictment, the State will present its case to a Grand Jury for its consideration.  A Grand Jury is a sworn panel of 23 individuals who listen to only the State’s side of the criminal case.  Grand Jury proceedings are conducted in secret and the defense does not get to be present, nor does it get to present any of its side of the case.  After listening to the State’s evidence, the Grand Jurors must determine whether there is sufficient evidence to support each element of the crime(s) the State is asking the Grand Jurors to consider.  If the Grand Jury determines that there is sufficient evidence, they will issue an indictment.  If, however, the Grand Jury determines that there is not sufficient evidence, they will issue a “no bill.”  Although the defense does not get to be present during Grand Jury proceedings, the defense is entitled to order a transcript of the proceedings after the fact to determine if the State followed proper protocol.  If proper protocol was not followed before the Grand Jury, the defense may file a Motion to Dismiss the Indictment.

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Indictment:  An indictment is a formal charging document that explains the charge(s), degree of the charge(s), date of the alleged incident, and a brief description of what the defendant is alleged to have done.  An indictment is issued after a Grand Jury considers the State’s side of the evidence.  Once an indictment is issued, the defendant will be listed for an arraignment in court.

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Arraignment:  An arraignment is a proceeding that occurs after an indictment has been issued by a New Jersey Grand Jury.  The defendant will appear before a Superior Court judge, and the defendant, through his attorney, will enter a “guilty” or “not guilty” plea to the charges.  During this proceeding, the State may extend a plea offer and motion practice may be discussed.

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Initial, Final, and Discretionary Case Disposition Conferences:  At an initial, final, or discretionary case disposition conferences, the Court will inquire of the parties as to the status of any plea offers/negotiations.  If the parties are unable to reach a plea agreement, or if the defendant maintains his innocence and wishes to proceed towards trial, the next step is to discuss which motions need to be heard in a case.  Motion practice, in its simplest form, is essentially litigating what evidence can and cannot be used at trial.  For example, the defense may file a Motion to Suppress the defendant’s statement to the police if, for example, it was taken in violation of his constitutional rights.  Either side may file motions seeking to admit or exclude certain evidence from being heard at trial.

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Pre-Trial Conference:  A pre-trial conference is one of the final stages of the criminal justice process before trial.  At the pre-trial conference the defendant certifies that he is aware of the charges against him and the penalties he faces if convicted after a trial.  Each side certifies approximately how long they will need to present their case at trial and a trial date is then set.  The parties will discuss with the Court any outstanding motions that need to be heard or any unique evidence issues involved in the case.  At subsequent pre-trial conferences the parties will also discuss possible questions to be used during jury selection and will outline a brief version of each side’s case.

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Trial:  The final step in the criminal justice process is to have a trial before a jury.  For more information about jury trials, please visit our "Jury Trial" page.​

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Contact a New Jersey Criminal Defense

Lawyer for a Free Consultation

 

The consequences of a criminal conviction can be devastating.  It can impact employment, housing, finances, education, reputation, and relationships.  Criminal cases are also very complex and highly specialized.  If you or a loved one is facing criminal charges, it is crucial to hire an experienced criminal defense attorney. 

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At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.​​​​​​​​​​