Skip to content 
What happens at a criminal arraignment in Cape May County
When you are arrested for a criminal offense in Cape May County, New Jersey, your first court appearance is the arraignment. At the arraignment, you are formally notified of the charges against you and asked to enter a plea of guilty, not guilty, or no contest. The judge will also address the issue of pretrial release. Unlike many other states, New Jersey abolished cash bail in 2017 under the Criminal Justice Reform Act, so the court does not set a money bail amount. Instead, a computerized Public Safety Assessment (PSA) is used to evaluate whether you should be released or detained while your case is pending. Understanding what happens at this critical stage can help you make informed decisions. Law Offices Of SRIS, P.C. represents individuals at arraignments in the Superior Court of New Jersey, Cape May Vicinage, located at 9 North Main Street, Cape May Court House, NJ 08210. Reach our location at (888) 437-7747 to schedule a consultation with an experienced criminal defense attorney. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The Arraignment Process in Cape May County
After an arrest in Cape May County, you are typically held at a local police station and then transported to the county jail pending your first court appearance. The arraignment is scheduled promptly. At the hearing, the judge reads the charges against you and ensures you understand them. If you are facing disorderly persons offenses (New Jersey’s equivalent of misdemeanors), the matter is heard in the Cape May County Municipal Court. Indictable offenses (felonies) are handled in the Superior Court, Law Division – Criminal Part. During the arraignment on an indictable matter, the judge addresses the pending charges but the formal indictment may not yet have been issued; the prosecutor’s office may first present the case to a grand jury.
You will be asked to enter a plea. A not-guilty plea preserves all your rights and begins the pretrial process. A guilty or no-contest plea may lead directly to sentencing. It is important to have counsel before making any plea decision. If you cannot afford an attorney, you can apply for representation through the public defender’s office. The arraignment also serves as the procedural moment when the court considers whether you will be released pending trial or detained. New Jersey uses the Public Safety Assessment – a data-driven risk score – to guide that decision, not a bail schedule.
Frequently Asked Questions
What is a criminal arraignment in Cape May County?
A criminal arraignment is the initial court appearance after an arrest where you are formally advised of the charges and asked to enter a plea. In Cape May County, the arraignment takes place in either the municipal court for disorderly persons offenses or the Superior Court for indictable crimes. The judge verifies your identity, ensures you understand the charges, and addresses pretrial release. This hearing is not a trial; no evidence is presented, and the prosecution does not argue the merits of the case. Having an attorney present can help you respond appropriately and protect your rights from the very beginning of the case.
Do I need a lawyer at my arraignment?
You are not legally required to have a lawyer at your arraignment, but having one present can significantly affect the outcome of the hearing, particularly regarding pretrial release and your plea. An experienced criminal defense attorney can advocate for your release, present information that may improve your Public Safety Assessment score, and ensure you do not inadvertently say something that could be used against you later. If you cannot afford private counsel, the court will determine your eligibility for a public defender. Law Offices Of SRIS, P.C. provides representation at arraignments throughout Cape May County.
What happens if I plead not guilty at my arraignment?
Pleading not guilty at your arraignment preserves all of your legal rights and begins the pretrial process, during which your attorney can investigate the charges, file motions, and negotiate with the prosecutor. After a not-guilty plea, the court will set a schedule for further proceedings. For disorderly persons offenses, a trial date in municipal court is typically set within a few weeks. For indictable offenses, the case moves toward a pretrial conference and potential grand jury presentation. Your attorney will receive discovery materials from the prosecution and begin building a defense strategy.
How does the judge decide whether to release me or detain me?
Under New Jersey’s Criminal Justice Reform Act, the judge uses a Public Safety Assessment (PSA) to decide whether you should be released on your own recognizance, released with conditions, or detained pending trial. The PSA is a computer-generated score based on factors such as your criminal history, prior failures to appear, and the nature of the current charge. The judge also considers arguments from the prosecutor and your attorney. If the prosecutor seeks detention, a separate detention hearing may be scheduled, usually within days of the arraignment. The system focuses on flight risk and public safety, not ability to pay.
What is the Public Safety Assessment (PSA) in New Jersey?
The Public Safety Assessment is a risk-assessment tool used in New Jersey to evaluate whether an arrested person should be released or detained before trial, without regard to money bail. It analyzes several objective factors and produces a risk score on a scale, along with a flag for new criminal activity or failure to appear. The PSA is generated automatically after an arrest and is provided to the court before the arraignment. Your attorney can review the PSA and highlight information that may warrant a more favorable release recommendation. The PSA replaced cash bail in New Jersey effective January 2017.
Can I be released on bail in Cape May County?
New Jersey does not use cash bail; there are no bail bondsmen in the state. Instead, release decisions are based on the PSA and the arguments presented at the arraignment or detention hearing. You may be released on your own recognizance, released with non-monetary conditions such as phone check-ins or travel restrictions, or detained without bail if the court finds you pose a danger or a flight risk. Because money is not a factor, your ability to pay does not determine your freedom while the case is pending. This system applies in Cape May County and throughout New Jersey.
What should I do if I am arrested and awaiting arraignment?
If you are arrested and awaiting arraignment in Cape May County, remain calm, do not discuss the facts of your case with anyone except your attorney, and request to speak with a lawyer as soon as possible. Avoid making statements to police or other inmates. Anything you say can be used against you later. Contact a family member or friend who can reach a criminal defense attorney on your behalf. Once you have counsel, your attorney can begin working to address your release conditions and prepare for the arraignment. Prompt legal guidance can affect the pretrial release determination.
What if I cannot afford an attorney?
If you cannot afford an attorney, you may apply for representation through the New Jersey Office of the Public Defender. At your arraignment, the judge will ask about your financial situation. You may need to complete an application and pay a nominal application fee, though the fee can be waived if you meet certain income guidelines. If you qualify, a public defender will be assigned to represent you. It is important to request counsel at the earliest opportunity; do not wait until after you have already entered a plea.
What is the next step after arraignment?
After arraignment, the case moves into the pretrial phase, which may include additional court appearances, discovery exchanges, motion practice, and potential plea negotiations. For disorderly persons offenses in municipal court, a trial date is typically set shortly after the arraignment. For indictable offenses, the prosecutor’s office will present the case to a grand jury if an indictment has not already been issued. Your attorney will review the state’s evidence, identify potential defenses, and discuss your options. In Cape May County, cases may also be eligible for diversionary programs like Pre-Trial Intervention (PTI) or conditional discharge.
Is an arraignment the same as a trial?
No, an arraignment is not a trial. It is a procedural hearing that occurs early in the criminal process. At an arraignment, the court does not hear testimony, examine evidence, or determine guilt or innocence. The purpose is limited to advising you of the charges, receiving your plea, and addressing pretrial release. The actual trial, where the prosecution must prove its case beyond a reasonable doubt, occurs later if you plead not guilty and the case is not resolved through a plea agreement or diversion program.
Can I change my plea after arraignment?
Yes, in many circumstances you can change your plea after arraignment with the court’s permission. If you initially pleaded not guilty, you may later decide to plead guilty as part of a negotiated plea agreement. Conversely, the court may allow you to withdraw a guilty plea before sentencing under certain conditions. However, once a plea is entered and the judge accepts it, changing that plea becomes more difficult and requires legal justification. Before making any plea decision, it is advisable to consult with an attorney who can explain the potential consequences.
What is Pre-Trial Intervention (PTI) and is it discussed at arraignment?
Pre-Trial Intervention is a diversionary program in New Jersey for first-time offenders charged with certain indictable offenses. Successful completion of a PTI supervision period results in dismissal of the charges. PTI is not typically discussed at the arraignment itself; it is usually addressed later, after your attorney has reviewed the discovery and assessed your eligibility. However, your attorney may begin laying the groundwork for a PTI application early on. In Cape May County, PTI applications are processed through the Superior Court, Cape May Vicinage. Conditional discharge, a similar diversion for first-time drug possession, is available in municipal court.
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 defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and personally handles complex criminal 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 and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. Our New Jersey location is at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724. Reach our location at (888) 437-7747 to schedule a consultation.
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.
