What happens at a criminal arraignment in Passaic County
When you are arrested and charged with a crime in Passaic County, New Jersey, your first court appearance is the arraignment. This hearing takes place at the Superior Court of New Jersey, Passaic Vicinage, located at 77 Hamilton Street in Paterson. At the arraignment, the judge will read the charges against you, ask you to enter a plea, and address the issue of pretrial release. Because New Jersey abolished cash bail, release decisions are based on a computerized Public Safety Assessment (PSA) that measures flight risk and danger to the community, not your ability to pay. You have the right to an attorney at every stage of the proceeding, including the arraignment, and if you cannot afford one, a public defender may be appointed. Mr. Sris, the Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team appear regularly at the Passaic Vicinage to protect defendants’ rights. With 4,739+ documented case results firm-wide and a 93%+ favorable outcome rate, Mr. Sris and his Of Counsel bring extensive experience to criminal defense matters at every stage. Results may vary. For a consultation about your arraignment, call (888) 437-7747. Phones are answered 24 hours a day. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Happens When You Are Arraigned in Passaic County
An arraignment is a procedural hearing where a person formally hears the criminal charges against them. In Passaic County, the arraignment occurs in either the Municipal Court for disorderly persons offenses or the Superior Court Criminal Division for indictable crimes. The judge will inform you of the specific statute you are accused of violating, often citing the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. You are then asked to enter a plea of guilty, not guilty, or, in some cases, no contest.
In New Jersey, the pretrial release determination happens at or shortly before the arraignment. Since cash bail was eliminated, the court uses a Public Safety Assessment (PSA) — a data-driven risk tool — to decide whether you will be released on your own recognizance (ROR), released with conditions, or detained pending trial. The prosecution may also move for pretrial detention if it believes you pose a serious risk. Your attorney can argue on your behalf for the least restrictive release conditions. Superior Court of NJ, Passaic Vicinage court hours are Monday through Friday from 8:30 a.m. To 4:30 p.m. Counsel appearing on criminal matters should plan filings accordingly. After the arraignment, the case proceeds through pretrial conferences, motion hearings, and, if necessary, a trial.
Frequently Asked Questions
Does New Jersey have cash bail?
No. New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act. Pretrial release in Passaic County is determined by a Public Safety Assessment (PSA) — a computerized risk score, not money. There are no bail bondsmen in New Jersey. Cases are heard at Superior Court of NJ, Passaic Vicinage, 77 Hamilton Street, Paterson, NJ 07505. Our firm actively practices in this jurisdiction; Mr. Sris and his Of Counsel have handled matters across all phases of the criminal process.
What is Pre-Trial Intervention (PTI) in Passaic County, New Jersey?
PTI is a diversionary program for first-time indictable (felony) offenders in Passaic County. Successful completion of one to three years of supervision results in complete dismissal of charges. Applications are processed through the Superior Court of NJ, Passaic Vicinage. The court considers the nature of the offense, the defendant’s background, and the input of the prosecutor. Conditional discharge is the Municipal Court equivalent for first-time drug possession. Mr. Sris and his Of Counsel have helped many clients pursue PTI admission.
Can I get my New Jersey criminal record expunged?
Yes. New Jersey allows expungement after waiting periods: five years for indictable crimes and two years for disorderly persons offenses. New Jersey’s Clean Slate law expanded eligibility, and PTI completions result in automatic dismissal. Petitions are filed in the Passaic County Superior Court. An experienced attorney can review your record to determine your eligibility and guide you through the statutory waiting periods.
What is a disorderly persons offense in Passaic County, NJ?
A disorderly persons offense is New Jersey’s equivalent of a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. These offenses are heard in Municipal Court, while indictable crimes (felonies) go to the Superior Court. A petty disorderly persons offense carries a maximum sentence of 30 days and a fine. Convictions can have serious collateral consequences, including a permanent record unless expunged.
What happens at a criminal arraignment in Passaic County?
The judge reads the charges, asks for your plea, and addresses pretrial release. The hearing is your first formal appearance. Depending on the charge level, it will be in the Municipal Court or Superior Court Criminal Division. You will be informed of your right to counsel, and a plea of not guilty is typically entered to preserve your rights. The court will then schedule a pretrial conference. Having a defense lawyer at the arraignment helps ensure your rights are protected from the very first step.
Do I need a lawyer at my arraignment?
You are not legally required to have a lawyer, but having one is strongly advisable. An attorney can argue for release on your own recognizance, point out weaknesses in the case early, and advise you on the plea that best protects your interests. Even at this early stage, statements you make to the judge can be used against you later. Mr. Sris and his Of Counsel can appear on your behalf at the arraignment and address the court directly.
What should I plead at my arraignment?
Most defendants plead not guilty at the arraignment. Pleading not guilty preserves your right to challenge the evidence, file motions, and negotiate with the prosecutor. Pleading guilty at arraignment waives those rights. Your attorney can assess whether a different plea is appropriate based on the specific facts of your case. Never enter any plea without first consulting an experienced defense lawyer.
How is pretrial release decided in Passaic County?
Pretrial release is based on a Public Safety Assessment (PSA) score that evaluates flight risk and danger to the community. The court uses a risk-assessment algorithm that considers factors such as the nature of the alleged offense, criminal history, and prior failures to appear. Based on the PSA, the judge may release you on your own recognizance, impose non-monetary conditions, or order pretrial detention. Your attorney can present arguments and evidence to support the least restrictive conditions.
Can I be released from jail after my arraignment?
Yes, many defendants are released after their arraignment under New Jersey’s bail reform system. If the PSA indicates low risk, you may be released ROR. If conditions are imposed, you must comply before release. If the prosecution moves for detention, a detention hearing will be scheduled, and you may remain held until that hearing occurs. An attorney can advocate for your release at the arraignment or request an expedited detention hearing.
What should I bring to my arraignment?
Bring a form of identification, your copy of the complaint or summons, and any paperwork related to the charges. You should also bring the contact information of your attorney, if you have one. Dress conservatively and arrive early. Phones and recording devices are generally not permitted inside the courthouse; check the court’s security policies. Your attorney can advise you on what to expect before your hearing date.
What if I miss my arraignment?
Missing an arraignment can result in a bench warrant for your arrest. If you cannot appear on your scheduled date, you or your attorney should contact the court immediately. The court may reschedule the hearing if you have a valid reason, but failing to appear can also affect your pretrial release status. Always inform your attorney of any scheduling conflicts as soon as possible.
How long does it take to resolve a criminal case in Passaic County?
The timeline varies depending on the complexity of the case and the court’s calendar. Municipal Court matters may be resolved within a few months, while indictable offenses in Superior Court can take longer. Speedy trial protections apply, especially for detained defendants. An attorney can give you a realistic timeline after evaluating your specific charges and the assigned judge’s docket. Mr. Sris and his Of Counsel work to move cases forward efficiently while protecting your rights.
The Superior Court of NJ, Passaic Vicinage, operates Monday through Friday from 8:30 a.m. To 4:30 p.m. Criminal arraignments are typically scheduled in the morning sessions.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who began his practice in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and his practice includes criminal defense in all five jurisdictions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Together with his Of Counsel team, he brings extensive combined legal experience to criminal matters in Passaic County. Mr. Sris and his Of Counsel have documented case results across all practice areas since 1997. Results may vary. To schedule a consultation, call (888) 437-7747.
If you are seeking a criminal defense lawyer in nearby New Jersey counties, you may find the following pages helpful:
- Hunterdon County criminal defense attorney
- Somerset County criminal defense attorney
- Morris County criminal defense attorney
- Bergen County criminal defense attorney
- Monmouth County criminal defense attorney
For official information about the New Jersey court system, visit the Passaic Vicinage page on the New Jersey Courts website. The New Jersey Legislature provides access to the complete statutory code, including Title 2C (Code of Criminal Justice).
Attorney advertising. Prior results do not guarantee a similar outcome. Attorney responsible for this advertising: Mr. Sris. Results may vary.
Case results depend on a variety of factors unique to each case.