What happens at a criminal arraignment in Salem County

A criminal arraignment in Salem County is the initial court appearance where a judge formally tells you the charges against you, asks you to enter a plea, and addresses conditions of pretrial release. For indictable offenses—New Jersey’s equivalent of a felony—the arraignment takes place in the Superior Court of New Jersey, Law Division, Criminal Part, located at 92 Market Street, Salem, NJ 08079. For disorderly persons offenses (misdemeanor-level charges) the first appearance occurs in the Salem County Municipal Court. At the hearing, a judge will read the complaint, verify that you understand the charge, and ask you to plead guilty, not guilty, or, in certain situations, no contest. Because New Jersey abolished cash bail in 2017, the judge will not set a monetary bail amount. Instead, the court reviews a Public Safety Assessment (PSA)—a computerized risk score—to decide whether you may be released on your own recognizance, released with monitoring conditions, or detained pending trial. Having experienced legal counsel at this stage is critical because the plea you enter and the release conditions imposed can significantly affect the direction of your case. If you or a family member has a pending arraignment in Salem County, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On This Page

The Arraignment Process in Salem County Superior Court

An arraignment in Salem County follows the procedural rules that govern all New Jersey criminal matters. For indictable crimes, the case begins with a grand jury indictment or, in some instances, a prosecutor’s accusation. Once the indictment is returned, the court schedules an arraignment. At that hearing, the judge formally advises the accused of the charges, ensures that the defendant understands the rights being waived by a guilty plea, and takes the plea. If the defendant pleads not guilty, the court sets pretrial conference dates, motion deadlines, and a trial schedule. For disorderly persons offenses heard in municipal court, the initial appearance serves a comparable function—the judge reads the charge, accepts the plea, and addresses pretrial conditions.

Because New Jersey’s Criminal Justice Reform Act eliminated cash bail, the judge at the arraignment does not set a dollar amount for release. Instead, the court relies on the Pretrial Services Program’s Public Safety Assessment to recommend release, release with conditions, or detention. The decision is based on risk factors including the severity of the alleged offense, any prior criminal history, and any history of failing to appear in court. A prosecutor may also file a motion for pretrial detention in more serious matters. The arraignment is therefore the first opportunity for defense counsel to argue for release on the least restrictive conditions, preserving the client’s liberty while the case proceeds.

Frequently Asked Questions

What is an arraignment?

An arraignment is the formal court hearing at which a criminal defendant is informed of the charges and asked to enter a plea. In Salem County, this occurs either in the Superior Court for indictable offenses or in the municipal court for disorderly persons matters. The judge reads the complaint, advises the defendant of certain constitutional rights, and addresses release conditions. A plea of not guilty sets the case on a path toward pretrial proceedings and trial. The arraignment often represents the first time a defendant appears before a judge, making it a pivotal moment in the criminal process.

What happens if I plead not guilty at the arraignment?

If you plead not guilty at the arraignment, the court schedules future dates for discovery, motions, and a trial, and your lawyer begins preparing a defense. In Salem County, the judge will set a conference date to discuss the status of the case and may schedule a pretrial hearing. Entering a not-guilty plea does not mean you are admitting anything; it is a procedural step that preserves your right to challenge the prosecution’s evidence. Your attorney may later negotiate a plea offer or file motions to dismiss or suppress evidence. A not-guilty plea at arraignment is standard when the defense needs time to review the case.

Does New Jersey have cash bail?

No. New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act. Pretrial release in Salem County is determined by a Public Safety Assessment (PSA)—a computerized risk score, not money. There are no bail bondsmen in New Jersey. The court uses the PSA to decide whether to release the defendant on recognizance, release with conditions, or hold the defendant without bail pending trial. The arraignment is when the judge addresses release conditions, making it important to have counsel present to advocate for the least restrictive terms.

What is a disorderly persons offense in Salem County, NJ?

A disorderly persons offense is New Jersey’s equivalent of a misdemeanor, carrying a potential sentence of up to six months in jail and a fine of up to $1,000. These cases are heard in the Salem County Municipal Court. Petty disorderly persons offenses carry up to 30 days in jail and a $500 fine. Examples include simple assault, shoplifting of low-value items, and disorderly conduct. The initial appearance in municipal court functions as the arraignment, and the defendant enters a plea. Many disorderly persons offenses can be resolved through negotiations or diversion programs.

Can I get my NJ criminal record expunged?

Yes. New Jersey law allows expungement of certain criminal records after a waiting period. For indictable crimes, the waiting period is generally five years from the completion of the sentence, including probation and payment of fines. For disorderly persons offenses, the waiting period is two years. New Jersey’s Clean Slate law expanded eligibility for expungement, and successful completion of Pre-Trial Intervention (PTI) results in automatic dismissal of the charges, often making expungement simpler. A petition to expunge is filed in the Superior Court in the county where the arrest or prosecution occurred. An experienced attorney can determine whether you meet the criteria.

What is Pre-Trial Intervention (PTI) in Salem County, New Jersey?

Pre-Trial Intervention (PTI) is a diversionary program for first-time indictable offenders in Salem County. Successful completion of one to three years of supervision results in complete dismissal of the charges. Applications are processed through the Superior Court of New Jersey, Salem Vicinage. To be eligible, the defendant generally must have no prior indictable convictions. Conditional discharge is a similar program available in municipal court for first-time drug possession. PTI allows a defendant to avoid a criminal trial and the long-term consequences of a conviction.

Do I need a lawyer at the arraignment?

You have the right to an attorney at every critical stage of the criminal process, including the arraignment. While the judge will advise you of that right and may appoint a public defender if you cannot afford one, having counsel present at the arraignment is important. An experienced defense attorney can enter the appropriate plea, argue for favorable release conditions, and begin challenging the government’s case. Without counsel, you may inadvertently waive rights or agree to conditions that are not in your best interest. The arraignment sets the tone for the entire prosecution, and skilled representation from the outset is a protective measure.

What should I bring to the arraignment?

You should bring any paperwork you received at the time of arrest, including the complaint-summons, and a form of identification. Arrive early, dress in a respectful manner, and do not bring any prohibited items such as weapons or contraband. Because the courtroom at 92 Market Street is a secure facility, you will need to pass through a screening checkpoint. If you will be represented by counsel, notify your attorney that you intend to appear. If you are unsure about your court date, contact your lawyer or check the court’s calendar online through the New Jersey Courts Public Access system to avoid a failure-to-appear bench warrant.

How long does an arraignment take?

The arraignment hearing itself is usually brief—often a few minutes—but the time you spend at the courthouse may be longer because of the court’s calendar. The judge will handle many other matters on the same docket. Arrive early, check in with the court clerk, and be prepared to wait. Your attorney will typically make the entire process more efficient by addressing procedural matters directly with the prosecutor. While the actual reading of the charge and entry of a plea takes little time, the overall appearance can take an hour or more depending on the number of cases scheduled that day.

What happens if I miss my arraignment?

If you fail to appear for arraignment, the court will issue a bench warrant for your arrest. In Salem County, a failure-to-appear warrant means law enforcement can take you into custody, and you may face additional charges. It also creates a negative impression with the judge and can affect your release status. If you missed a court date because of an unavoidable emergency, you should contact your attorney immediately. In many instances, counsel can file a motion to recall the warrant and reschedule the appearance, but acting quickly is essential.

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 has practiced criminal law since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he and his Of Counsel team bring extensive combined legal experience to every criminal matter. The firm has documented case results across all practice areas since 1997. Results may vary. For arraignment representation in Salem County, the Law Offices Of SRIS, P.C. Team works collaboratively to protect clients’ rights from the first court appearance through trial or resolution. To discuss your case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Learn more about how we help clients in nearby counties:

For official information about Salem County court operations and New Jersey criminal statutes:
Superior Court of New Jersey, Salem Vicinage •
New Jersey Statutes (Title 2C)

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.