FEDERAL CRIMINAL LAWYERS

What Your Lawyer Does in the First 48 Hours After Arrest

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who defended Anna Delvey (Netflix’s Inventing Anna) and has many, many, years defending New Jersey criminal cases in Essex County (Newark), Bergen County (Hackensack), Hudson County (Jersey City), Middlesex County (New Brunswick), and Passaic County (Paterson). This article explains what a criminal defense lawyer actually DOES from the moment you’re arrested through trial or sentencing – not the TV version where lawyers give dramatic closing arguments, the real procedural work that happens in Essex County Courthouse and Bergen County Justice Center.

When prosecutors have unlimited resources and public defenders are juggling 200 active cases, your Sixth Amendment right to counsel means hiring a lawyer who has TIME to challenge evidence, investigate independently, negotiate from strength.

What Your Lawyer Does in the First 48 Hours After Arrest

You’ve been arrested in New Jersey, you’re in county jail, you don’t know if you’ll get out. The officer read you Miranda rights, you gave a statement or stayed silent, now you’re in a holding cell waiting for your CJP (Central Judicial Processing) hearing.

24 hours. That’s all you have.

Your lawyer reviews the probable cause complaint – the document police filed alleging facts that establish probable cause for your arrest, looking for Fourth Amendment violations (did police have legal authority to stop you, search you, enter your home?) and factual weaknesses (wrong ID, no physical evidence, just witness statements).

The CJP hearing happens within 24-48 hours. New Jersey eliminated cash bail in 2017, judges now use a Public Safety Assessment (PSA) – an algorithm that scores you on risk of failure to appear and risk of new criminal activity. Your lawyer argues AGAINST detention by challenging the PSA score (it’s based on arrest history not convictions, doesn’t account for employment or family ties) and presenting evidence you’re not a flight risk: you have a job, kids in New Jersey schools, lived at same address for years, no passport.

If the prosecutor argues for detention and the judge agrees, you’re held without bail until trial, your lawyer files for a detention hearing – a full hearing where the prosecutor must prove by clear and convincing evidence that no conditions of release will reasonably assure your appearance and public safety. If you’re released, the judge imposes conditions: electronic monitoring (ankle bracelet), no-contact orders, curfew, drug testing, your lawyer negotiates the least restrictive conditions – electronic monitoring instead of detention, modified curfew for your work schedule.

Months 1-6: Investigating and Challenging the State’s Evidence

You’re out on bail (or held pending trial), the case enters investigation and discovery. The prosecutor has 30 days to provide discovery – police reports, witness statements, body camera footage, 911 calls, forensic lab reports, your statements to police, your lawyer doesn’t just READ this discovery, they analyze it for constitutional violations and factual weaknesses. Your lawyer reviews the police report and identifies a Fourth Amendment issue: the officer said he stopped your car for a “broken taillight” but the report doesn’t say which taillight or whether it was actually broken, your lawyer subpoenas dashcam footage – it shows both taillights working, that’s an illegal stop, everything that followed (the search that found drugs, your statements) is fruit of the poisonous tree. Your lawyer files a motion to suppress, if the judge grants the motion, the evidence gets excluded. Your lawyer conducts an independent investigation, if the case is drug distribution based on surveillance video, your lawyer hires an investigator to interview witnesses, subpoenas phone records to show you were there for 3 minutes (not the 30 minutes police claim), gets time-stamped receipts showing you bought cigarettes and left. If you gave a statement to police, your lawyer reviews whether you were properly Mirandized (did they advise you of your Fifth Amendment rights?), whether the interrogation was coercive (did they threaten you, lie about evidence, interrogate you for hours?), whether you invoked your rights (did you ask for a lawyer and they kept questioning you?), if there’s a violation, your lawyer files a motion to suppress your statement.

The Prosecutor’s “Deal”

Month 3 to 6, the prosecutor makes a plea offer. “Your client pleads guilty to third-degree aggravated assault, we recommend 5 years New Jersey State Prison.” You’re facing a second-degree charge (5-10 years), so this looks like a “deal,” your lawyer doesn’t just present the offer, they analyze whether it’s in your interest.

Did the motion to suppress succeed? Are there credible defense witnesses? Does the state have physical evidence or just witness testimony? What’s the likelihood of conviction at trial? If it’s 80% likely you’ll be convicted and trial sentence exposure is 8-10 years, the 5-year plea is rational, if it’s 40% likely because the state’s case has holes, you reject the plea and go to trial. Your lawyer negotiates: “My client will plead to fourth-degree aggravated assault (18 months maximum), prosecutor recommends probation, no prison time.” Or: “My client will enter PTI (Pretrial Intervention) – complete 1 year of supervised probation and community service, charges dismissed, no conviction.” PTI is available for first-time offenders charged with indictable offenses (not available for violent crimes under NERA or gun crimes under Graves Act), if you qualify for PTI, that’s the best outcome – no conviction, no prison, clean record after completion.

New Jersey has mandatory minimum sentences for certain crimes. Graves Act crimes (unlawful possession of a firearm, possession of a firearm during a drug crime) carry a mandatory minimum of 42 months in state prison with no parole eligibility.

You serve every day.

Your lawyer negotiates a Graves Act waiver – prosecutor agrees to waive the mandatory minimum, judge can sentence you to probation or shorter prison term. NERA crimes (No Early Release Act – murder, robbery, sexual assault) require you to serve 85% of your sentence before parole eligibility.

Trial or Sentencing

If you go to trial, your lawyer does jury selection (voir dire), questions potential jurors to identify biases – “Have you or a family member been a victim of a crime?” “Do you believe police officers are more credible than civilian witnesses?” “Can you presume my client innocent and hold the state to proof beyond a reasonable doubt?” Your lawyer uses peremptory challenges to strike pro-prosecution jurors.

Opening statement: Your lawyer previews the defense – “The evidence will show my client was not at the scene, he was at his mother’s house in Paterson, three witnesses will testify they saw him there at 9pm when this alleged assault occurred in Newark.” Cross-examination of state witnesses: Your lawyer impeaches the complaining witness with prior inconsistent statements (“You told police the assailant wore a red jacket, now you’re saying black jacket?”), challenges the officer’s identification (“You saw my client for 3 seconds in the dark from 50 feet away?”).

“The state has not met its burden of proof beyond a reasonable doubt – the eyewitness identification is unreliable, the physical evidence is ambiguous, my client’s alibi is corroborated by three witnesses.”

If you’re convicted or plead guilty, the case moves to sentencing. In New Jersey, judges sentence within a statutory range (first-degree: 10-20 years, second-degree: 5-10 years, third-degree: 3-5 years, fourth-degree: 0-18 months). The judge weighs aggravating factors (nature of the offense, risk you’ll reoffend) against mitigating factors (no prior criminal history, you’re unlikely to reoffend, imprisonment would be excessive hardship on your dependents).

Your lawyer presents mitigation evidence: character letters from employer, pastor, family; proof of employment and community ties; evidence of mental health issues or addiction, your lawyer challenges the PSI (Pre-Sentence Investigation) report if it contains inaccuracies, your lawyer argues mitigating factors outweigh aggravating factors – “My client is a first-time offender, he has a job, three kids who depend on him, he’s completed drug treatment, imprisonment would destroy his family.”

New Jersey prosecutors remain aggressive in 2024-2025, charging everything from disorderly persons offenses in Municipal Court to RICO conspiracies in federal court. Essex County Prosecutor’s Office and Hudson County Prosecutor’s Office are prosecuting gun crimes, drug distribution, domestic violence, and white-collar fraud at high rates. The 180-day speedy trial rule for indictable offenses means your case moves FAST – if you don’t have a lawyer investigating evidence and filing motions within the first 60 days, you’re negotiating from weakness. If you’ve been arrested or indicted in New Jersey, you need a criminal defense lawyer who knows Essex County judges, Bergen County prosecutors, and Hudson County bail procedures within 24 hours. Todd Spodek has many, many, years defending New Jersey criminal cases – from Municipal Court DUIs to federal RICO prosecutions, from PTI admissions to Graves Act waivers to probationary sentences in cases where the state wanted prison time.

212-300-5196.