Hunterdon County Criminal Lawyer

Hunterdon County Criminal Lawyer

You got arrested in Hunterdon County last week, maybe in Flemington or Clinton or Readington or Lebanon or one of the county’s rural townships, maybe charged with DWI after police stopped you on Route 31 or Route 202 late at night and you failed field sobriety tests and blew over .08% on the breath test, maybe charged with theft after you were accused of shoplifting from a store where they claimed you concealed merchandise worth $250 and store security stopped you in the parking lot, maybe charged with simple assault after a fight where you allegedly punched someone causing a bloody nose, maybe charged with drug possession after police found marijuana in your car during a traffic stop and they’re claiming it was over 50 grams which makes it indictable instead of a disorderly persons offense. You don’t know whether your case is in your local municipal court or at Hunterdon County Superior Court in Flemington at 65 Park Avenue. You don’t know the difference between a disorderly persons offense and an indictable offense, whether you’re facing six months in county jail or five years in state prison, whether your theft charge is municipal or indictable based on the amount stolen, whether your assault charge stays in municipal court or gets forwarded to Superior Court in Flemington. You’re concerned about whether you’ll lose your job if you’re convicted, whether this will show up on background checks for employment, whether you’ll be able to travel if you’re on probation. The answer depends on the degree of the offense and where it’s charged. Disorderly persons offenses are handled in your local municipal court in whichever Hunterdon County township where you were arrested. Indictable offenses are initially filed in municipal court but then forwarded to the Hunterdon County Prosecutor’s Office in Flemington where a prosecutor reviews the case file, examines the police reports and witness statements, and decides whether to present it to a grand jury for indictment or downgrade it back to the municipal court as a disorderly persons offense. Disorderly persons offenses carry a maximum penalty of up to six months in county jail and a $1,000 fine with no possibility of state prison. Indictable offenses carry years in state prison where fourth-degree indictable offenses bring up to eighteen months in state prison and a $10,000 fine, third-degree offenses bring three to five years in state prison and a $15,000 fine, second-degree offenses bring five to ten years in state prison and a $150,000 fine, first-degree offenses bring ten to twenty years in state prison and a $200,000 fine. Hunterdon County is a rural and suburban county in western New Jersey with the county seat in Flemington. Cases are handled either in local municipal courts throughout the county for disorderly persons offenses and traffic violations or forwarded to the Hunterdon County Justice Center at 65 Park Avenue in Flemington for indictable prosecution where you’ll face a grand jury proceeding and potentially years in state prison if convicted. Thanks for visiting Spodek Law Group, a second-generation law firm managed by Todd Spodek. We’ve represented clients in Hunterdon County criminal cases for over 40 years, many, many cases at municipal courts throughout Hunterdon County for disorderly persons offenses and traffic violations, many, many cases at the Hunterdon County Justice Center in Flemington for indictable offenses. If you’re reaching out to us – we understand the stakes you’re facing.

Court Jurisdiction in Hunterdon County

Municipal courts in Hunterdon County are located throughout the county in each township or borough. Your local municipal court has jurisdiction over disorderly persons offenses, petty disorderly persons offenses, traffic violations including DWI, and local ordinance violations. Disorderly persons offenses are less serious than indictable offenses but they’re still criminal charges that result in a criminal record if you’re convicted. Common disorderly persons offenses include simple assault under N.J.S.A. 2C:12-1, disorderly conduct, harassment, theft under $200, and drug possession of marijuana under 50 grams. The maximum penalty for a disorderly persons offense is six months in county jail and a $1,000 fine. Indictable offenses are more serious crimes that get forwarded from your local municipal court to the Hunterdon County Prosecutor’s Office in Flemington. The prosecutor decides whether to present the case to a grand jury or downgrade it to a disorderly persons offense. Indictable offenses are prosecuted at Hunterdon County Superior Court at the Justice Center located at 65 Park Avenue in Flemington, and they carry state prison sentences ranging from 18 months up to 20 years depending on degree.

Theft charges in Hunterdon County are graded under N.J.S.A. 2C:20-3 based on value. If the value is under $200 it’s a disorderly persons offense handled in municipal court with six months maximum jail. If the value is between $200 and $500 it’s fourth-degree indictable carrying up to 18 months in state prison. If the value is between $500 and $75,000 it’s third-degree carrying three to five years. The amount determines whether you’re appearing in municipal court or Superior Court in Flemington, whether you’re facing months or years. Assault charges depend on severity. Simple assault involving a fight, shoving, or minor injury is a disorderly persons offense in municipal court. Aggravated assault involving serious bodily injury, use of a weapon, or if the victim was a police officer is indictable and forwarded to Superior Court. Drug possession of marijuana under 50 grams is a disorderly persons offense in municipal court. Possession of marijuana over 50 grams or possession of cocaine, heroin, or other controlled substances is indictable and forwarded to the Hunterdon County Prosecutor.

DWI in New Jersey is a traffic offense, not a criminal offense, but it’s handled seriously in Hunterdon County municipal courts under N.J.S.A. 39:4-50. First offense DWI with BAC between .08% and .10% brings a three-month license suspension, fines, IDRC classes, and ignition interlock device. First offense with BAC over .10% brings a seven-month to one-year license suspension. Second offense brings two-year suspension and 48 hours to 90 days in jail. Third offense brings ten-year suspension and up to 180 days in jail. DWI cannot be plea bargained or downgraded in New Jersey. There’s no reduction to reckless driving or any lesser offense. The only viable defenses involve challenging the motor vehicle stop, challenging probable cause for the arrest, challenging the Alcotest breath test procedures, or challenging field sobriety test administration.

First-time offenders charged with disorderly persons offenses in Hunterdon County municipal courts may be eligible for conditional discharge. You enter a guilty plea but sentencing is deferred while you complete probation. Upon successful completion the charge gets dismissed with no criminal record. First-time offenders charged with indictable offenses may be eligible for PTI at Hunterdon County Superior Court. You complete probation and the charges get dismissed. However, PTI is discretionary and requires prosecutor approval. It’s not automatic even if you have no prior record. The prosecutor considers factors like the nature of the offense, your background, and whether you’re amenable to rehabilitation.

Former prosecutors who now practice criminal defense in Hunterdon County know the municipal court judges throughout the county. They know the municipal prosecutors who handle cases. They know which indictable cases the Hunterdon County Prosecutor’s Office typically downgrades back to disorderly persons offenses. They know when to fight a case in municipal court versus when to prepare for Superior Court proceedings in Flemington. Local counsel familiarity with Hunterdon County court procedures provides strategic advantages in case evaluation, plea negotiation, and trial preparation. Attorneys who regularly appear in Hunterdon County courts understand that many cases initially charged as indictable offenses get downgraded when the prosecutor reviews the evidence and considers the defendant’s background.

Call 212-300-5196.