What happens at a criminal arraignment in Bergen County
When an individual is arrested in Bergen County, New Jersey, the first formal court appearance is typically the criminal arraignment. At this hearing, the judge informs the accused of the charges, addresses pretrial release, and enters a plea. Because New Jersey abolished cash bail in 2017, the arraignment in the Superior Court of New Jersey, Bergen Vicinage, operates under a distinct framework—the court uses a Public Safety Assessment to determine whether the defendant will be released or detained pending trial. Understanding the process is critical, as the decisions made at arraignment can affect the entire case. Mr. Sris, a former prosecutor and the Owner and Founder of Law Offices Of SRIS, P.C., has guided clients through Bergen County arraignments since 1997. For counsel at your own hearing, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The Criminal Arraignment Process in Bergen County, NJ
An arraignment in Bergen County is not a trial. It is a brief procedural event held after an arrest and the filing of a complaint or indictment. If the charge is a disorderly persons offense—the New Jersey equivalent of a misdemeanor—the arraignment occurs in the Municipal Court division of the Superior Court. For indictable offenses, which are felonies under New Jersey law, the first court appearance is generally a central judicial processing or a first appearance, and the formal arraignment follows after a grand jury has returned an indictment. Both occur at the Bergen County Courthouse, located at 10 Main Street, Hackensack, NJ 07601.
At the hearing, the court provides the defendant with a copy of the charging document and explains the nature of the offense. The judge then asks the defendant to enter a plea of guilty, not guilty, or, in some circumstances, no contest. For most defendants, a plea of not guilty is entered, and the matter is scheduled for a pretrial conference or case management conference. It is important to have an attorney present at this stage because the plea entered, the arguments made regarding release, and the preservation of procedural rights can influence the direction of the defense. Law Offices Of SRIS, P.C. Regularly appears in the Bergen Vicinage and understands the local practices that shape these initial proceedings.
Pretrial release decisions at an arraignment are governed by the New Jersey Criminal Justice Reform Act. Rather than setting a monetary bail amount, the court reviews a computerized Public Safety Assessment (PSA) that scores a defendant’s risk of flight and risk of new criminal activity. Based on that assessment and the prosecutor’s motion, the judge may release the defendant on their own recognizance, impose monitoring conditions, or order pretrial detention. The arraignment is frequently the first opportunity for defense counsel to challenge the PSA’s recommendation or to present information supporting release, such as community ties and employment. Because there are no private bail bondsmen in New Jersey, the advocacy of a knowledgeable attorney is essential.
Frequently Asked Questions
What exactly is a criminal arraignment in Bergen County?
A criminal arraignment is the initial court appearance where the defendant is formally notified of the charges, advised of their rights, and asked to enter a plea. In the Superior Court of New Jersey, Bergen Vicinage, the hearing takes place at 10 Main Street, Hackensack. The judge ensures the defendant understands the allegations and may address pretrial release under the state’s bail reform system. A plea of not guilty is typically entered, allowing the defense to begin its case preparation. The arraignment is a critical juncture because it sets the stage for all subsequent proceedings, including discovery, motion practice, and trial scheduling.
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, not money. There are no bail bondsmen in New Jersey. The court’s decision is based on flight risk and danger to the community rather than the defendant’s ability to pay. If detention is sought, the prosecutor must file a motion, and a detention hearing is held, at which defense counsel can argue for release. This system has fundamentally changed the role of the arraignment in Bergen County criminal cases. Cases are heard at Superior Court of NJ, Bergen Vicinage at 10 Main Street, Hackensack, NJ 07601.
What is Pre‑Trial Intervention (PTI) in Bergen County, New Jersey?
PTI is a diversionary program for first‑time indictable (felony) offenders in Bergen County. Successful completion of 1‑3 years of supervision results in complete dismissal of charges. Applications are processed through the Superior Court of NJ, Bergen Vicinage. The program is available at the judge’s discretion and requires the consent of the prosecutor. At an arraignment, defense counsel may begin discussing PTI eligibility with the court. Conditional discharge is the Municipal Court equivalent for first‑time drug possession. An experienced criminal defense lawyer can help determine whether PTI or another diversion option may be appropriate for a particular case.
Can I get my NJ criminal record expunged?
Yes, New Jersey law permits expungement after specified waiting periods. For indictable crimes, the waiting period is generally five years; for disorderly persons offenses, it is two years. New Jersey’s Clean Slate law has expanded eligibility. Additionally, successful completion of Pre‑Trial Intervention results in automatic dismissal of charges, leaving no conviction on the record. Expungement petitions are filed in the Superior Court of New Jersey, Bergen Vicinage. Because eligibility depends on the nature of the offense, the outcome, and the time that has passed, it is important to consult with an attorney who concentrates in this area of law.
What is a disorderly persons offense in Bergen County?
A disorderly persons offense is New Jersey’s equivalent of a misdemeanor—it carries a maximum sentence of six months in jail and a fine. Petty disorderly persons offenses are punishable by up to 30 days in jail and a $500 fine. These charges are heard in the Municipal Court division of the Superior Court, although they are not “municipal” in the sense of a separate court system. While less severe than indictable crimes, a conviction still results in a criminal record. Many Bergen County municipal matters are resolved through plea negotiations or deferred disposition programs. An attorney can evaluate whether a first‑offender or diversion program is available for a specific charge.
What should I do if I am arrested and awaiting arraignment in Bergen County?
If you are arrested, you should exercise your right to remain silent and ask to speak with an attorney before answering any questions. Do not discuss the facts of the case with police or cellmates, because those statements can be used against you. Even before the arraignment, it is wise to contact a criminal defense lawyer. In New Jersey, the arraignment generally occurs within 48 hours of arrest, though the timeline can vary. Having counsel present at the first appearance ensures that your rights regarding pretrial release are properly advocated and that no unintended statements are made that could harm your defense later.
How long does it take to get an arraignment in Bergen County?
The timing of an arraignment in Bergen County depends on whether the charge is a disorderly persons or an indictable offense. For disorderly persons matters, the first appearance usually occurs within a few days of the arrest. Indictable cases involve a longer process; after a complaint is filed, the case must be presented to a grand jury, and the formal arraignment follows the return of an indictment. The entire sequence can take several weeks to a few months. Speedy trial protections apply to detained defendants, and the court’s calendar will influence the exact date. An attorney can help you understand the expected timeline for your specific case.
Do I need a lawyer at an arraignment in Bergen County?
You are not legally required to have a lawyer at the arraignment, but it is strongly recommended. The arraignment is more than a formality; the decisions made there—particularly regarding pretrial release under New Jersey’s bail reform—can have lasting consequences. A public defender may be available if you qualify, but private counsel engaged early can begin crafting a defense strategy, challenging the PSA risk score, and requesting discovery. Additionally, having a lawyer present ensures that you do not inadvertently waive rights or say something that could be used against you later. For a confidential consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens after the arraignment in a Bergen County criminal case?
After the arraignment, the case typically proceeds to a pretrial conference and then to either a plea negotiation or trial. For disorderly persons offenses, the matter is scheduled for a conference in the Municipal Court to explore resolution. Indictable offenses move into a case management track where discovery is exchanged, motions are filed, and the possibility of a plea agreement is discussed. If no resolution is reached, the case will be listed for trial. Throughout this process, the defense investigates the evidence, interviews witnesses, and may challenge the admissibility of the state’s case. The initial steps after arraignment are critical, and having experienced counsel ensures every deadline is met and every defense is preserved.
Does Law Offices Of SRIS, P.C. handle criminal cases in other New Jersey counties?
Yes. The firm represents clients throughout New Jersey, including Bergen, Essex, Hudson, Monmouth, Morris, Passaic, and all other counties. While this page focuses on Bergen County procedure, the firm’s criminal defense practice extends statewide. Mr. Sris and his Of Counsel appear regularly in the various vicinages and are familiar with the local court practices and prosecutor policies in each county. Whether you are facing a disorderly persons offense, an indictable crime, or a federal matter in the District of New Jersey, you can discuss your situation by calling (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense for nearly three decades. A former prosecutor, he founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. 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, the team brings over 120 years of combined legal experience and has achieved 4,739+ documented firm-wide results. Results may vary. The firm handles all aspects of criminal defense at the Bergen Vicinage and throughout New Jersey, with during business hours availability for consultation. Every attorney on the team has well over a decade of practice experience.
NJ criminal defense matters in neighboring counties:
Hunterdon County Criminal Lawyer ·
Somerset County Criminal Lawyer ·
Morris County Criminal Lawyer ·
Monmouth County Criminal Lawyer ·
Sussex County Criminal Lawyer
Primary legal references:
Superior Court of New Jersey, Bergen Vicinage ·
New Jersey Legislature ·
New Jersey Criminal Justice Reform
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