What happens at a criminal arraignment in Bergen County
An arraignment is the first formal court appearance after an arrest in Bergen County, New Jersey. The defendant is brought before a judge, advised of the charges, and asked to enter a plea. In Bergen County, the arraignment venue depends on the severity of the charge: disorderly persons offenses (misdemeanor-level) are heard in the Bergen County Municipal Court, while indictable offenses (felony-level) proceed in the Superior Court of New Jersey, Law Division—Criminal Part, located at 10 Main Street, Hackensack, NJ 07601. Because New Jersey abolished cash bail in 2017, pretrial release is decided by a Public Safety Assessment rather than the ability to pay. Legal representation at this early stage can influence everything from release conditions to the direction of the case. Mr. Sris and his Of Counsel team appear at arraignments in Bergen County to protect defendants’ rights. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The Arraignment Process in Bergen County
When a person is arrested and formally charged, the arraignment is the proceeding that initiates the court’s jurisdiction. The defendant is brought before a judge, either in person or by video from the county jail. The judge will read the complaint or indictment aloud, or ensure that the defendant and counsel have received it. The defendant is then asked whether they understand the charges and whether they have an attorney; if they cannot afford one, the court will determine eligibility for a public defender.
Following the reading of charges, the judge addresses the issue of pretrial release. New Jersey’s Criminal Justice Reform Act directs the court to use a Public Safety Assessment—a computerized risk score that measures the likelihood of failure to appear and the risk of new criminal activity. No cash bail is set, and there are no bail bondsmen. The judge may order release on the defendant’s own recognizance, impose monitoring conditions, or, if the PSA indicates a high risk, detain the defendant pending a detention hearing. A detention hearing must be held within days of the initial appearance. At the arraignment, the defendant also enters a plea: not guilty, guilty, or, in some cases, no contest. A plea of not guilty is standard at this stage, preserving all defenses while discovery is exchanged and motions are prepared.
New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act; pretrial release is based on a Public Safety Assessment risk score, not money.
Source: Criminal Justice Reform Act of 2017. N.J. Courts: Criminal Justice Reform
Reviewed by Mr. Sris, admitted in NJ.
For disorderly persons offenses, the Municipal Court has jurisdiction and the process may move quickly. For indictable offenses, the Superior Court Criminal Part has jurisdiction, and the case will progress through grand jury presentation and possible pretrial intervention. Understanding the differences between these court levels and the procedural options available—such as Pretrial Intervention (PTI) for first-time indictable offenders—can be critical. Mr. Sris and his Of Counsel address these considerations at the earliest stage.
How Law Offices Of SRIS, P.C. handles Criminal Cases
When a client faces arraignment in Bergen County, Mr. Sris and his Of Counsel team take immediate action. They review the complaint, discuss the facts with the client, and prepare for the first appearance. They argue for the most favorable pretrial release conditions—such as release on recognizance or minimal supervision—and, when appropriate, challenge the Public Safety Assessment’s recommendations. If the prosecution seeks detention, the team presents evidence and argument at the detention hearing to oppose pretrial incarceration.
Beyond the arraignment, the firm’s representation continues through discovery, motion practice, plea negotiations, and trial if necessary. Mr. Sris and his Of Counsel bring extensive combined legal experience to each case, working to identify procedural weaknesses, suppress evidence obtained in violation of constitutional rights, and develop defense strategies tailored to the facts. Because every case is unique, the firm’s approach begins with a thorough evaluation at the earliest stage. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted to practice in New Jersey, Virginia, Maryland, the District of Columbia, and New York. He founded the firm in 1997 and maintains a practice focused on criminal defense, family law, and related matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is supported by a team of Of Counsel attorneys who contribute their own extensive experience in criminal defense, including former law enforcement and former prosecutorial backgrounds. Together, they represent clients at arraignments, pretrial hearings, and trials throughout Bergen County. The firm has handled criminal matters across multiple jurisdictions. Results may vary.
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 Bergen County is determined by a Public Safety Assessment (PSA), a computerized risk score measuring flight risk and danger to the community. There are no bail bondsmen in New Jersey. The court may release a defendant on their own recognizance, impose monitoring conditions, or, if the PSA indicates high risk, order detention pending a detention hearing.
What is Pre-Trial Intervention (PTI) in Bergen County, New Jersey?
PTI is a diversion program for first-time indictable offenders that, if completed, results in dismissal of the charges. Applicants are screened by the probation division and must be approved by the prosecutor and the judge. The program generally lasts one to three years and may include community service, counseling, and restitution. Successful completion avoids a criminal record; failure returns the case to the trial calendar.
Can I get my NJ criminal record expunged?
Yes, New Jersey allows expungement of many criminal records after a waiting period. For indictable offenses, the waiting period is five years; for disorderly persons offenses, two years. Certain serious offenses (murder, kidnapping, aggravated sexual assault) are not eligible. The petition is filed in the Superior Court in the county where the arrest occurred. Successful expungement removes the record from public view.
What is a disorderly persons offense in Bergen County?
A disorderly persons offense is New Jersey’s equivalent of a misdemeanor, punishable by up to six months in jail and a $1,000 fine. These cases are heard in the Bergen County Municipal Court. Petty disorderly persons offenses carry up to 30 days in jail and a $500 fine. Unlike indictable crimes, they do not require grand jury indictment and typically resolve faster.
What should I do if I have an arraignment in Bergen County?
You should contact an experienced criminal defense attorney before your arraignment. An attorney can review the charges, advise you on how to plead, and present arguments for favorable pretrial release. If you cannot afford a lawyer, the court will consider your eligibility for a public defender. Do not discuss the facts of your case with anyone except your attorney.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Navigate nearby counties: Hunterdon County Criminal Lawyer | Somerset County Criminal Lawyer | Morris County Criminal Lawyer | Monmouth County Criminal Lawyer | Sussex County Criminal Lawyer
Learn more from official sources: Bergen Vicinage | New Jersey Statutes | New Jersey Courts
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Results may vary.
Case results depend on a variety of factors unique to each case.