Millburn Criminal Defense Lawyer

Millburn Criminal Defense Lawyer

You got arrested in Millburn Township last week, maybe charged with DWI after police stopped you on Millburn Avenue 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 $400 and store security stopped you in the parking lot, maybe charged with simple assault after a fight at a local establishment 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, and you don’t know whether your case is in Millburn Township Municipal Court at 435 Essex Street or at Essex County Superior Court in Newark, 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, whether you need to hire a lawyer or can represent yourself, whether you’ll lose your professional license if you’re a CPA or attorney or doctor, whether this will show up on background checks for employment since Millburn is an affluent community where many residents hold professional positions and security clearances, and the answer depends on the degree of the offense where disorderly persons offenses are handled in Millburn Township Municipal Court with sessions on Tuesdays at 9:00 AM and 1:00 PM while indictable offenses are initially filed in municipal court but then forwarded to the Essex County Prosecutor’s Office in Newark where a prosecutor reviews the case 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, and 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, while indictable offenses carry years in state prison where fourth-degree indictable offenses bring up to eighteen months, third-degree offenses bring three to five years, second-degree offenses bring five to ten years, first-degree offenses bring ten to twenty years, and Millburn is an affluent suburb in Essex County where cases are handled either in the local municipal court for disorderly persons offenses and traffic violations or forwarded to the Veterans Courthouse in Newark for indictable prosecution, and thanks for visiting Spodek Law Group, a second-generation law firm managed by Todd Spodek where we’ve represented clients in Essex County criminal cases for over 40 years, many, many cases at Millburn Township Municipal Court for disorderly persons offenses and traffic violations, many, many cases at the Veterans Courthouse in Newark for indictable offenses, and if you’re reaching out to us we understand the stakes you’re facing.

Municipal Court vs Superior Court Jurisdiction

Millburn Township Municipal Court is located at 435 Essex Street, Millburn, NJ 07041, with court sessions held on Tuesdays at 9:00 AM and 1:00 PM where the court has jurisdiction over disorderly persons offenses, traffic violations including DWI, and local ordinance violations, and 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, while indictable offenses are more serious crimes that get forwarded to the Essex County Prosecutor’s Office in Newark where they carry state prison sentences ranging from 18 months up to 20 years depending on degree.

How Charges Are Graded in Millburn

Theft charges in Millburn are graded under N.J.S.A. 2C:20-3 based on value where under $200 is disorderly persons offense with six months maximum jail, while $200-$500 is fourth-degree indictable carrying up to 18 months in state prison, and $500-$75,000 is third-degree carrying three to five years, and assault charges depend on severity where simple assault is a disorderly persons offense while aggravated assault involving serious bodily injury or use of a weapon is indictable, and drug possession of marijuana under 50 grams is disorderly persons offense but over 50 grams or possession of cocaine, heroin, or other controlled substances is indictable.

DWI Charges in Millburn

DWI in New Jersey is a traffic offense, not a criminal offense, but it’s handled seriously in Millburn Municipal Court under N.J.S.A. 39:4-50 where first offense brings three-month to one-year license suspension depending on BAC, fines, IDRC classes, and ignition interlock device, while second offense brings two-year suspension and jail time, third offense brings ten-year suspension, and DWI cannot be plea bargained or downgraded in New Jersey since viable defenses involve challenging the motor vehicle stop, probable cause, Alcotest procedures, or field sobriety test administration.

Professional and White-Collar Considerations

Millburn is an affluent community where many residents are CPAs, attorneys, doctors, financial advisors, and other licensed professionals, and if you’re convicted of a criminal offense your professional license may be suspended or revoked since a conviction can trigger license suspension proceedings before your state licensing board, and many Millburn residents work in positions requiring background checks or security clearances where a criminal conviction can prevent employment or promotions, and in this small community a criminal charge can affect your reputation, business relationships, and standing among neighbors and professional colleagues.

First-Time Offender Programs

First-time offenders charged with disorderly persons offenses in Millburn Municipal Court may be eligible for conditional discharge where sentencing is deferred while you complete probation and upon successful completion the charge gets dismissed, while first-time offenders charged with indictable offenses may be eligible for PTI at Essex County Superior Court where you complete probation and the charges get dismissed, but PTI requires prosecutor approval and is not automatic even if you have no prior record.

Why Local Millburn Experience Matters

Former Essex County prosecutors who now practice criminal defense in Millburn know the Millburn Municipal Court judges who preside over Tuesday sessions, know the municipal prosecutors who handle cases, know which indictable cases the Essex County Prosecutor’s Office typically downgrades back to disorderly persons offenses, and know when to fight a case in municipal court versus when to prepare for Superior Court proceedings since local counsel familiarity with Millburn court procedures, with the affluent community dynamics, with how professional license issues intersect with criminal charges, and with the Essex County assistant prosecutors who review cases forwarded from municipal court provides strategic advantages in case evaluation, plea negotiation, and trial preparation where attorneys who regularly appear in Millburn Municipal Court 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.