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The Law Office of Thomas H. Martin Esq.Serving New Jersey With Integrity And Commitment

Being arrested and charged with a crime is one of the most stressful things that a person can go through.   In addition to a record, a conviction can result in fines or jail time and affect you driver’s license or job. The criminal justice system can be intimidating. You may feel confused and overwhelmed. A New Jersey criminal defense attorney can walk you through the process and protect your rights. Thomas H. Martin Esq. is committed to getting you the best result possible, either through a plea agreement or trial. Mr. Martin is a criminal defense attorney experienced in handling all types of criminal cases, ranging from traffic offenses and low-level misdemeanors to major felonies.  He goes to court all the time and routinely deals with the prosecutors and judges in New Jersey.

With years of experience trying cases in New Jersey, he will work with you to prepare your case for trial, and he will be there to answer any questions or concerns that may arise during the handeling of your casel.   Thomas H. Martin Esq. will provide you with competent advice regarding all available options so that you can make informed decisions regarding how your case will be handled.

When you are going up against the State of New Jersey you need experienced legal counsel. Regardless of whether you are facing an indictable criminal charge in the Superior Court, a drug charge in Municipal Court, a DWI, or even a simple motor vehicle charge you want to have the best possible result. Thomas H. Martin has been helping people face the most difficult of situations for years. Contact Thomas H. Martin at (732) 431-2224 to arrainge a free consultation.

 

Arraignment

Arraignment is usually a criminal defendant’s first appearance in court or before a judge on a criminal charge. At arraignment, the charges against the defendant will be read or the defendant will be asked if he/she is aware of the charges against them, and will be asked how they wish to plead. It is not a hearing to determine guilt or innocence.

If the accused remains in jail after their arrest, they must be brought before a judge for arraignment within 24-48 hours after arrest. The exact time limit varies though the U.S. Supreme Court now requires that if a person was arrested without a previously-issued warrant, they must be brought before a judge within 48 hours, so that a judge may determine whether there was probable cause for the arrest.

 

The following is an example of a statute governing waiver of arraignment:

“Rule 303.2 Waiver of Arraignment

The provisions of B.R.Crim.P. 303 and 303.1 notwithstanding, in all cases in which a defendant is charged with crime, other than murder, the defendant, if represented by counsel who has entered his appearance in writing, may enter a plea of “not guilty”, or by notation on the information stands mute in the presence of counsel without appearing at arraignment court. Where a notation is made that the defendant stands mute, the clerk of courts shall enter a plea of “not guilty” on behalf of the defendant. Such plea or notation that the defendant stands mute may be entered in the district attorney’s office at any time prior to 5:00 P.M. of a day preceding arraignment court, providing the defendant enters the plea of “not guilty” in writing upon the face of the information, or in the case where the defendant stands mute enters such notation in writing upon the face of the information, and that the attorney who has appeared for the defendant approves such action by likewise endorsing his name upon the information; and providing further that the defendant and his counsel sign a waiver of the right to arraignment; further, defendant shall be furnished documents required by the applicable Pennsylvania Rules of Criminal Procedure and defendant and his counsel shall execute a receipt therefore.”

Disclaimer and Privacy Notice

This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. You should consult an attorney for advice regarding your unique needs. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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(732) 431-2224

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210 Broad Street; Suite 2B, Red Bank, NJ 07701

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