Serving The New Jersey Citizens Of Oradell

New Jersey Trial Strategists Providing Assertive Defense

Last updated on March 20, 2025

It can be difficult to remain calm and exercise your right to remain silent when the cops stop you. Your mind may be racing with questions. “What happens if they arrest me?” “What should I do?” “How long will my case take to resolve?” You may have heard it many times, and it is still true: Anything you say can be used against you. Politely let the officers know that you want to talk to a lawyer. Avoid answering any questions until you have legal representation. However, you are obligated to provide proof of identity and, if driving, license, registration, and insurance.

You should also take note that in most cases, a conviction also means a criminal record. Prospective employers will get notice of your background record. It may be harder to secure loans. You could have difficulty finding housing, as landlords frequently run background checks on prospective tenants. A knowledgeable criminal defense lawyer can be invaluable from the start.

Vigorous representation of your rights through strategy, technique, aggressive motion practice and style is the key to effective advocacy, especially when the risk of imprisonment, enormous fines and penalties are at stake. You can expect experienced, proficient and dedicated representation in your defense. E. Gregory M. Cannarozzi will fight for your rights every step of the way.

Timing Matters in Criminal Defense

The criminal justice systems in New Jersey and New York are complicated. How soon should you seek legal help? Immediately. Seek legal help – ideally as soon as you find out you are being investigated or immediately after your arrest – to protect your rights to due process and preserve evidence.

Once you engage a criminal defense attorney, he can explain the charges and give you advice about your legal options. Your criminal defense team will begin investigating the nature of your arrest before any witnesses forget what they have seen or tangible evidence is suddenly unavailable. The time it takes to resolve your case is going to depend on the operational facts of your circumstances.

What to Expect in a Criminal Case: The Criminal Justice Process

The criminal justice processes in New Jersey and New York involve several stages. While the overall process is similar in both States, there can be many legal nuances and procedures that vary between jurisdictions. Procedures may differ depending on the specifics of the case and jurisdiction: In New Jersey, we do not use felony and misdemeanor terminology classifications, and there are no cash bail requirements any longer. The New Jersey court system has developed the Central Judicial Processing Court.

About The Central Judicial Processing Court

The Central Judicial Processing (CJP) Court, also referred to as NJ Central Judicial Processing Court, is where one of the most important dates in your criminal court cases proceedings will occur. Depending on the circumstances of your case CJP courts resolve certain criminal cases, can remand certain criminal cases back to the NJ Municipal Court, or can send your criminal case forward to the Grand Jury process. If there is an opportunity to resolve the case before formal charges are filed, it may be scheduled for the Early Disposition Calendar (EDC)

Why is the CJP Court So Important?

The Central Judicial Processing Court is vital to your case as it is the first opportunity for your lawyer to speak to the County Prosecutor who is assigned to your case. During this time your lawyer can present information, possibly influencing the prosecutor’s decision on how to handle your case—whether it stays in the municipal court, moves forward to the grand jury, or gets dismissed altogether. The outcome of this hearing could significantly affect your potential fines, jail time, or other consequences.

If your case is resolved at this stage and sent back to the Municipal Court, you might be able to limit your liability. For more serious crimes, such as first-degree or second-degree charges, the stakes are high, and it is crucial that you have a competent criminal defense attorney present to represent your interests. Do not face the CJP hearing without an experienced attorney by your side.

What Happens During the CJP Court Hearing?

At the CJP Court, a judge will review the charges you are facing, advise you of your constitutional rights, and determine whether you should be released on bail or held in custody. This is also where your attorney can present critical facts that could influence the judge’s decision, including whether bail should be modified or reduced. While bail hearings can also take place in separate hearings, the CJP Court judge does have the authority to modify bail during this initial hearing. Having an experienced attorney present at this stage can make a significant difference in how your case progresses.

When Must You Appear in CJP Court?

Under New Jersey law, a criminal defendant must appear before a judge within 72 hours of arrest, particularly for indictable offenses (felony level). This appearance typically takes place at the CJP Court, where the judge will review the charges and ensure that your rights are protected.

Before the establishment of CJP Courts, these hearings were held at individual municipal courts. The new system streamlines the process and helps speed up criminal proceedings, particularly in areas where municipal courts may meet infrequently. In larger counties like Bergen, Hudson, Passaic, and Union, this system has made the court process more efficient and timely for defendants.

Why You Need an Attorney Before the CJP Hearing

Given the tight timeline (usually within two weeks of your arrest), it’s critical that you consult with a criminal defense attorney as soon as possible. Your lawyer needs time to prepare for the CJP Court hearing and to ensure that all the facts are presented effectively to the prosecutor and the judge. If you are facing criminal charges in New Jersey, do not wait—contact the Law Office of E. Gregory M. Cannarozzi at 201-897-3855 to schedule an appointment.

Having an experienced criminal defense attorney can make all the difference in the outcome of your case.

Arraignment: In New York, within 48 hours of arrest, arraignment marks the Defendant’s initial formal appearance in court following criminal charges. They will be told what charges they face, informed of their legal rights, and prompted to enter a plea such as no contest, not guilty, or guilty.
Bail: In New York, at or shortly after arraignment, the court may set bail, which is a monetary guarantee that the Defendant will return for future court dates. The court considers factors such as the severity of the offense, the Defendant’s criminal history, and the risk of flight. In New York, the bail reform laws limit the use of cash bail for most misdemeanors and nonviolent felonies, focusing instead on pretrial release conditions.
Grand Jury: To get a fair assessment of the evidence before proceeding to a trial, a grand jury typically convenes after the first court appearance to determine whether there is enough evidence to indict a suspect and proceed to trial.
Indictment: If the grand jury decides there is enough evidence, they issue an indictment, formally charging the Defendant. If not, they may issue a “no bill,” and charges could be dropped.
Pretrial Motions: Before the case moves forward, the defense attorney may file a motion to dismiss the case based on lack of evidence. Both the prosecution and defense may file a motion to suppress certain evidence, or a motion for discovery or change of venue, among others.
Discovery: This is the process by which the prosecution and defense exchange information and evidence relevant to the case. Both parties have access to the evidence that will be presented at trial. In New York, the discovery process was reformed in 2020 to require more timely and comprehensive sharing of evidence. New Jersey also has comprehensive discovery rules that require the prosecution to disclose evidence to the defense.
Trial: If the case goes to trial, the prosecution and defense will present evidence and arguments to a judge or jury to determine the Defendant’s guilt or innocence. Each side can present witnesses, cross-examine, and make closing arguments. In both States, a felony Defendant has the right to a jury trial.
Sentencing: After a guilty verdict or plea, the judge decides the appropriate sentence, taking into account various factors such as the nature of the offense and the Defendant’s background, referred to as aggravating and mitigating factors. There are a range of sentencing options, from fines and community service to probation and incarceration.
Post-Trial/Appeals: Defendants have the right to appeal a conviction or sentence if they believe there was a legal error. Appeals are reviewed by appellate courts, which can affirm, reverse, or remand cases back to lower courts. Both States also allow for post-conviction relief motions, which can include requests for a new trial or sentence modifications. Additionally, parole and probation processes are managed post-trial for eligible Defendants in both States.

There are few things more overwhelming and potentially devastating than being charged with a crime. That said, the criminal defense attorney you choose to represent you will have an enormous impact on the outcome. If you need a legal team with the knowledge and skill required to effectively defend you, contact E. Gregory M. Cannarozzi, Counselor at Law, L.L.C. today to learn more.

We Go the Distance With You and Your Family From DWI/DUI Through Expungements

Driving while under the influence of drugs or alcohol is a quasi-criminal offense in New Jersey and can be a misdemeanor or felony in New York. If you are accused of doing so, you need a competent criminal defense lawyer who can help fight your charges at all costs. Our greater New Jersey/New York area criminal justice attorney represents clients in a full spectrum of alleged DWI/DUI criminal offenses. From first-time DWI/DUI and traffic tickets to complex fraud charges, you can trust our defense advocates to provide intelligent strategies for all types of criminal violation charges. The penalties of a conviction can affect your freedom and limit your future choices. It is important to speak with a committed legal defender as early in your case as possible.

Juvenile Offenders

We provide compassionate and intelligent juvenile defense. If your child was recently accused of committing a crime, you need an attorney who can help protect his or her future. Fortunately, you can rely upon the experience and counsel of E. Gregory M. Cannarozzi, Counselor at Law, L.L.C., who has represented many juveniles throughout his years of practice.

Expungement

Additionally, we also provide legal services for individuals looking to have their records cleared via expungement in New Jersey. Though not all criminal convictions will qualify, if you have been previously convicted of a crime, it is well worth your effort to reach out to E. Gregory M. Cannarozzi, Counselor at Law, L.L.C. to learn whether you may qualify for expungement, which can give you a new lease on life.

Understanding Criminal Charges and Penalties

Once a person is convicted of a crime, they can expect to face various penalties, many of which will impact their life for years down the road. At E. Gregory M. Cannarozzi, Counselor at Law, L.L.C., our legal services include protecting your rights to due process and defending your future when you are contending with misdemeanor and felony level charges in New Jersey and New York. Misdemeanors and felonies are classifications that indicate the severity of an offense, with felonies being more serious than misdemeanors. Although New Jersey does not use this terminology, the New Jersey hierarchy of offenses is: Ordinance violation, Petty Disorderly Persons, Disorderly Persons, as well as crimes of the fourth degree, third degree, second degree, and Capital Punishment.

Penalties for each case depend on the type of offense and a person’s background history. Specific classifications can vary based on jurisdiction and the details of each case. Below you’ll find a comparison outlining the potential penalties for various types of criminal charges in New Jersey and New York, including misdemeanors, indictable offenses, and felony-level crimes.

In New Jersey, potential penalties for various types of criminal charges may include:

Simple Assault: Usually a disorderly person’s offense, punishable by up to six months in jail and/or fines.
Aggravated Assault: Classified as a more serious indictable offense, with penalties ranging from 18 months to 10 years in prison, depending on the degree. Learn More
Domestic Violence: This can range from a disorderly person offense to an indictable offense, depending on the specific charges (e.g., simple assault versus aggravated assault); penalties include restraining orders, mandatory counseling, fines, jail time, and loss of legal weapons possession. Learn More
DWI/DUIs: In New Jersey, a DWI is a quasi-criminal traffic offense with no possibility of a jury trial. In New York, DUIs can be a misdemeanor felony. New York also has a Driving While Ability Impaired statute, which constitutes a violation. However, New Jersey considers a plea to a New York DWAI as an out-of-state DWI. It is imperative that you retain the services of an experienced criminal defense attorney such as E. Gregory M. Cannarozzi, Counselor at Law, L.L.C. so that any cross-over effects from New York are addressed initially for New Jersey licensed drivers. The penalties in both New Jersey and New York range from fines, license suspension, community service, and imprisonment, especially for repeat offenders or those involved in accidents causing injury or death.
Drug Crimes: These can be misdemeanor level for minor offenses but are often felony level, especially for serious offenses involving larger quantities or more dangerous drugs. Penalties vary widely depending on the type and amount of drug, ranging from fines and probation to several years in prison for serious offenses. Learn More
Expungements: In New Jersey, having a criminal record can significantly impact your life, but in some cases, it may be possible to have your record cleared or expunged through a process that removes certain criminal convictions from an individual’s record, potentially restoring their rights and opportunities. Eligibility for expungement varies depending on the type of offense, the amount of time that has passed since the conviction, and other factors. My law firm can help determine if you qualify for an expungement and guide you through the process. Learn More
Shoplifting/Theft: In New Jersey, a violation can be a disorderly person’s offense or an indictable depending on the value of the stolen goods, with penalties including fines and community service. However, penalties for higher-value indictable offenses may include exposure to several in prison. Learn More
Burglary: Generally considered an indictable offense, such as a third or second-degree crime, with penalties ranging from probation to 3 to 10 years in prison.
Robbery: Typically indictable, punishable by five to 20 years in prison.
Property Crimes: These can be disorderly persons (e.g., minor vandalism) or indictable (e.g., arson), depending on the amount of damage with penalties ranging from fines and probation to several years in prison.
White Collar Offenses: These can include indictable such as fraud, embezzlement, and insider trading, with penalties ranging from fines to lengthy prison sentences.
Gun and Weapon Offenses: Penalties for these inducible offenses are severe, including mandatory minimum sentences, with prison time ranging from three to 10 years.
Municipal Court Violations: Minor offenses such as traffic violations are often classified as misdemeanors, with penalties involving fines, community service or short jail terms. Potential suspension or revocation of your driver’s license.

In New York, potential penalties for various types of criminal charges may include:

Third-Degree Assault:

First-Degree Assault: Class B felony, punishable by up to 25 years in prison.
Domestic Violence: Similar to assault penalties, with additional considerations for protective orders and counseling.
DUI/DWI: In New York, DUIs can result in license suspension or revocation, fines, and potential jail time, with penalties increasing for repeat offenders, aggravated offenses, or cases involving accidents or injuries.
Drug Offenses: Penalties for these misdemeanors or felonies depend on the drug type and quantity, ranging from probation to significant prison sentences for major offenses.
Shoplifting/Theft: Typically treated as petit larceny, punishable by up to one year in jail.
Burglary: Can be a Class D, C or B felony, with penalties ranging from seven to 25 years in prison.
Robbery: Ranges from a Class D to B felony, with penalties up to 25 years in prison.
Property Crimes: May include misdemeanor offenses such as criminal mischief, with penalties ranging from fines to several years in prison. Arson is a felony offense with steep penalties.
White Collar Crimes: Generally considered felonies, penalties vary widely, with the potential for significant fines and prison time.
Gun and Weapon Violations: Strict felony penalties, often involving mandatory prison sentences.
Town Court Offenses: Similar to New Jersey, typically involving fines, community service, driver’s license revocation or short jail terms for minor offenses.

These are general guidelines, and actual penalties can vary. Courts may also order drug or alcohol classes, among other mandates. If you are an immigrant, you may be deported from the United States. Legal outcomes can also be influenced by plea deals, judicial discretion, the quality of legal representation and other factors.

The Law Office of E. Gregory M. Cannarozzi: Professional Representation and Ethical Defense

At such a pivotal moment in your life, the attorney you choose to represent you and fight your criminal charges is critical. E. Gregory M. Cannarozzi has over three decades of experience representing clients facing all types of criminal charges, and he is ready to put that experience to work in your case. Mr. Cannarozzi will work to have the consequences of your charges significantly mitigated or, in the best cases, entirely dropped. Our legal team possesses an in-depth knowledge of the various laws and statutes within our criminal justice system, and we are well-equipped to defend you at every turn. With so much on the line, don’t hire just any law firm to represent you; hire our seasoned team.

Frequently Asked Questions About Criminal Charges

Experience is the best teacher. E. Gregory M. Cannarozzi has been representing individuals in the Superior Court of New Jersey on indictable offenses for over 30 years. Professional representation and ethical defense are the hallmarks of his law firm. He provides answers to all questions his clients frequently ask him. For legal counsel and a strategic defense, contact E. Gregory M. Cannarozzi, Counselor at Law, L.L.C.

What are some pros and cons of representing myself versus hiring a criminal defense attorney?

Opting for self-representation in a criminal case comes with both advantages and disadvantages. On the positive side, self-representation can lead to significant cost savings, as you avoid the legal fees associated with hiring an attorney. Additionally, you have complete control over your defense strategy, allowing you to direct the proceedings as you see fit. However, there are several drawbacks to consider. Without the knowledge of a trained attorney, navigating the complexities of criminal law can be challenging. You could make mistakes that will negatively affect your case. The risk of severe consequences is greater. Any missteps in your defense might result in harsher penalties, including the possibility of jail time. A lawyer can negotiate on your behalf and may achieve better outcomes.

How do I choose the right criminal defense attorney?

When choosing a criminal defense attorney, first look for an attorney with substantial experience in criminal law and familiarity with local courts. Find out what their reputation is by checking their online reviews and asking for references. Consider recommendations from trusted sources to gauge their credibility and past performance. Effective communication is another essential quality of a good defense attorney. Select someone who communicates clearly and is responsive to your questions. After your initial consultation, do you feel comfortable and confident in their ability to represent you? You can always contact my Law Firm for a free consultation.

Can I go to jail for a first-time offense?

Yes, it is possible to go to jail for a first-time offense, although the likelihood will depend on the type of offense and the jurisdiction in which it occurs. For minor offenses, the consequences may involve probation, fines or community service rather than incarceration.

For more serious crimes, even first-time offenders can face jail time, depending on the type of crime. If there are aggravating circumstances such as a past record, use of dangerous weapons or a death, the judge may have discretion during sentencing. Each case is unique, and these elements will collectively determine the penalties imposed.

What is the difference between a misdemeanor and a felony?

A misdemeanor is considered a less serious crime and is often punishable by fines or jail time of less than one year. In contrast, a felony represents a more serious crime, typically resulting in harsher penalties, including imprisonment for over a year. This distinction affects the legal consequences and the approach to handling these offenses within the justice system.

What is the difference between probation and parole?

Probation and parole are both mechanisms of supervised release, but they serve different functions within the criminal justice system. As an alternative to serving time in prison, the court may order probation or supervision within the community for a certain amount of time. Individuals given probation have to meet court-ordered conditions, including regularly checking in with a probation officer. If they do not, they could face incarceration.

Parole is a conditional release from prison that occurs before the full sentence is served. Those on parole must follow strict guidelines and report to a parole officer, allowing them to reintegrate into the community while still serving their sentence under supervision.

What is diversion?

In the Superior Court of New Jersey, generally speaking, and depending on the nature of the crime, a Defendant with no prior criminal history is presumed to be entitled to Pre-Trial intervention at the third-degree and fourth-degree level. If there is a prior history or aggravating circumstances, probation is also a possible form of diversion, which can be custodial or non-custodial. In the New Jersey Municipal Courts diversion is generally in the form of a Conditional Dismissal although Adjournment in Contemplation of Dismissal is sometimes available. However, under the Conditional Dismissal statute, a plea of guilty must be placed on the record, which is held in “judicial” abeyance until successful completion of the diversionary program which can be 1 to 2 years depending on the violation.

Start Your Defense Promptly

When you face an investigation or arrest in Northeastern New Jersey and nearby New York City, what you do next can either work for you or against you. Do not wait to protect your rights. Get a free consultation with the experienced attorney at the Law Office of E. Gregory M. Cannarozzi by calling 201-897-3855 or contacting us online.

We understand all that’s at stake, and you have our pledge to do everything in our power to preserve your freedom. The bottom line is that we are here to fight for your rights and safeguard your future, and we will be there every step of the way. We defend clients throughout the New York City metropolitan area, including Rockland, Westchester, Orange, and Sullivan Counties as well as Manhattan, and across the Hudson, Essex, Passaic, Union, and Morris counties in New Jersey.