Assault Defense Lawyer in Somerset County NJ
Defending Clients Accused of Assault in Bound Brook NJ
Being arrested can be scary regardless of the charges. However, facing an assault charge like aggravated assault, eluding, assault by auto or terroristic threats can be downright terrifying. Not only are you potentially facing being labeled as a convicted felon but you are also facing serious jail time. Most assault charges in New Jersey are felony offenses and if not handled properly, could land a Defendant behind bars for decades. If you have been arrested and charged with a criminal offense like resisting arrest, harassment, kidnapping, death by auto or simple assault in Somerset County, New Jersey, the criminal defense attorneys at Proetta & Oliver can help.
How Can a Criminal Defense Attorney Help with an Assault Charge?
We fully understand the pressure that one faces when they have been charged with a criminal offense. The unknowns can be overwhelming. However, hiring the right attorney can go a long way to alleviating some of the stress. When searching for any attorney, it is crucial that you speak to not only an experienced criminal defense attorney but one that has experience dealing with the courts in Somerset County. Hiring the right attorney, one who knows the ins and outs of the courts, can go a long way to resolving the charges favorably. If you are facing criminal charges in Somerset County in towns like Franklin, Bound Brook, Bridgewater, Hillsborough, Somerville, South Bound Brook, Raritan, Readington North Plainfield or Watchung, the criminal attorneys at Proetta & Oliver are fully prepared to represent you. We have been defending clients accused of breaking the law in courts throughout New Jersey, including Somerset County for years now. We are well aware that no two clients let alone no two cases are the same. As such, we are dedicated to formulating a game plan that works to suit our client’s specific needs. If you would like to come into our office for a free consultation, please contact us at. We can be reached directly at (908)-533-1064 or by email.
Assault and Threat Charges Lawyer in Somerville NJ
Here are some of the most common violent crimes issued in Somerset County, New Jersey.
Where do I go to Court for my Assault Charge in Somerset?
As it relates to assault and threat charges in New Jersey, the degree of the underlying offense will control where the charges are litigated. For example, if a Defendant is charged with a disorderly persons offense, which is New Jersey’s version of a misdemeanor, then those charges will be litigated in the local municipal court in the municipality where the incident occurred. So, for example if you have been charged with simple assault in Bound Brook, then you will need to appear in the Bound Brook Municipal Court to answer for those charges. Conversely, all felony matters that arise in Somerset County will need to be litigated in the Somerset County Superior Court, which is located in Somerville. So, for example, if you have been charged with aggravated assault in Bound Brook, then you will need to appear in the Somerset County Superior Court to defend those charges. For more information on where your charges will be litigated, please contact our office at (908)533-1064.
What Happens When an Assault Case overlaps with a Restraining Order in NJ?
When a Defendant is charged with an assaultive form of domestic violence, whether it be for simple assault, harassment, terroristic threats, aggravated assault, criminal restraints or false imprisonment, they always run the risk of being served with a temporary restraining order (TRO) as well. TRO’s are civil in nature and as such, these types of proceedings will be litigated in the Chancery Court, in the Family Division, which is located in the Somerset County Superior Court. If the victim of an act of domestic violence seeks and obtains a TRO, the Defendant will be forced to defend themselves at what is known as a final restraining order (FRO) hearing. During this hearing, the victim will be seeking to convince the judge that they are in need of a restraining order to protect them from the Defendant. These hearings are in essence mini-trials and more often than not overlap with the criminal charges as well. If you would like to speak to one of our Somerset County domestic violence defense attorneys, please contact our office at 908-533-1064 or you can checkout our domestic violence practice area by clicking the link.
How to Post Bail for an Assault Case in New Jersey
The days of being able to appear at the local police station to post a bail to secure the release of a loved one are long gone. In 2017, New Jersey underwent a major overhaul of its bail system. We now currently use a risk assessment system, one that mirrors that of the Federal Criminal Justice System. In order for the new bail system to apply, the individual will need to be charged under a Complaint-Warrant. If that occurs, once the individual is processed, they will be taken from the local police station to the County jail, where they will remain for at least 24-48 hours. Once at the County jail Pretrial Service will conduct their risk assessment of the individual. That assessment will be used by the prosecutor to determine whether or not they will agree to release the individual at their Central Judicial Processing Hearing or whether they will file for detention. If they choose to file for detention, that means that a formal hearing must be determined in order to conclude whether the individual will be held in the County jail without bail, pending trial. This hearing will take place about five days after their Central Judicial Processing Hearing.
At the detention hearing, it will be up to the prosecution to prove by clear and convincing evidence that there are no amount of conditions or monetary conditions that can be imposed to insure:
- That the defendant will appear in court as required;
- That the defendant will not pose a danger to any other person or the community; and/or
- That the defendant will not obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.
If the individual is charged with a crime that could have a potential life sentence, like murder or leader of a drug trafficking network, then the burden shifts to the defense to show by clear and convincing evidence that condition can be imposed.
These hearing can and always should be hotly contested. If an individual is detained, it certainly make mounting a successful defense more difficult. For more information on detention hearings in Somerset County, please click the link.
Speak to a Flemington NJ Assault Defense Lawyer Today
If you have been charged with a criminal offense like aggravated assault, disorderly conduct, stalking, harassment, false imprisonment, terroristic threats or disarming a police officer in Somerset County, NJ, the attorneys at Proetta & Oliver can help. Our attorneys have been defending individuals accused of crimes in courts throughout New Jersey for years now. We serve all of Somerset County, including Somerville, Bedminister, Branchburg, Watchung, North Plainfield, Far Hills, Clinton, Flemington and Bernards. To schedule a free initial consultation today with one of our our Somerset County criminal defense attorneys then please contact us at (908)-533-1064.