What happens at a criminal arraignment in Burlington County
You were arrested in Burlington County—perhaps in Mount Holly, Moorestown, or along Route 38—and you’ve been given a court date. The first hearing you will face is the arraignment. At this proceeding, a judge will formally advise you of the charges, ask you to enter a plea, and decide whether you will be released or detained while your case moves forward. Because New Jersey eliminated cash bail in 2017, the judge will not set a monetary bond. Instead, the court relies on a computerized Public Safety Assessment (PSA) to recommend release conditions. An experienced criminal defense lawyer can explain each step, argue for the most favorable release terms, and begin protecting your rights immediately. If you have an upcoming arraignment in Burlington 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.
What to expect at a Burlington County arraignment
The arraignment takes place at the Superior Court of New Jersey, Burlington Vicinage, located at 49 Rancocas Road in Mount Holly. For disorderly persons offenses—New Jersey’s equivalent of a misdemeanor—the hearing may be held in Municipal Court. For indictable crimes (felonies), the matter proceeds in the Superior Court’s Criminal Division. The judge will read the charges against you, confirm your identity, and ask how you plead. You can plead not guilty, guilty, or, in some circumstances, no contest. Entering a not-guilty plea preserves your right to contest the evidence and is a routine first step while you and your lawyer evaluate the case.
After the plea, the judge addresses pretrial release. Under the Criminal Justice Reform Act, the court examines a Public Safety Assessment score that considers your risk of flight and danger to the community. There are no bail bondsmen in New Jersey. The judge may release you on your own recognizance, impose monitoring conditions, or, in serious cases, order detention pending trial. Having counsel at the arraignment allows you to present favorable information—such as community ties, employment, and lack of a criminal record—that can influence the release decision. Your lawyer can also begin to explore diversion options like Pre-Trial Intervention (PTI) for first-time offenders.
Frequently Asked Questions
What happens at a criminal arraignment in Burlington County?
At the arraignment, the judge informs you of the charges, accepts your plea, and determines pretrial release conditions using New Jersey’s Public Safety Assessment. The hearing typically lasts only a few minutes but is a critical procedural step. For indictable offenses heard in Superior Court, Burlington Vicinage, the judge may also schedule future dates for a pretrial conference or status hearing. Because New Jersey no longer uses cash bail, the court does not set a monetary bond. Instead, release decisions are based on risk, not ability to pay. Having a lawyer present ensures your rights are protected from the very first appearance.
Do I need a lawyer at my arraignment?
Yes, having a lawyer is strongly recommended even at the early stage of an arraignment. While you may be tempted to appear alone and plead not guilty, an experienced criminal defense attorney can argue for your release on the least restrictive conditions, identify potential grounds to challenge the charges, and lay the groundwork for a strong defense. In Burlington County, the judge may ask about diversion programs like PTI or conditional discharge; a lawyer can advise whether you are eligible and begin the application process immediately. If you cannot afford an attorney, you may apply for a public defender at the hearing.
What is a Public Safety Assessment and how does it affect release?
A Public Safety Assessment (PSA) is a risk-evaluation tool used by New Jersey courts instead of cash bail to decide whether a defendant will be released before trial. The PSA score is generated from factors like your age, pending charges, prior convictions, and past failures to appear. It produces a recommendation ranging from release on own recognizance to supervised release or detention. The judge makes the final decision after hearing from both the prosecutor and your attorney. You can present evidence of stable housing, employment, and community support to encourage a favorable release determination.
How does arraignment for an indictable offense differ from a disorderly persons charge?
An arraignment for an indictable crime (felony) takes place in Superior Court, while a disorderly persons offense (misdemeanor) is handled in Municipal Court. In Superior Court, the charges are brought by the county prosecutor’s office, and the case proceeds through a grand jury process. The arraignment is the formal start of the criminal case. In Municipal Court, the proceeding is typically more streamlined, and the judge may address the case at the same hearing. Regardless of the court, the plea entry and release determination occur.
What is Pre-Trial Intervention and can I apply at arraignment?
Pre-Trial Intervention (PTI) is a diversion program for first-time offenders facing indictable charges that can lead to a complete dismissal. PTI involves a period of supervision—usually one to three years—and compliance with conditions such as community service or treatment. Once completed, the charges are dismissed. Your attorney can request PTI consideration at or shortly after the arraignment. Not all offenses qualify, and the prosecutor’s consent is required, but early advocacy can significantly increase the chances of acceptance. The program is a valuable alternative to a criminal trial and a permanent record.
What if I cannot afford a lawyer?
If you cannot afford private counsel, you may apply for representation by the Office of the Public Defender at your arraignment. The judge will ask about your financial situation and may require you to complete an application and pay a modest fee. Public defenders are licensed attorneys experienced in New Jersey criminal law. However, because caseloads can be heavy, some individuals prefer to retain private counsel who can dedicate more attention to the matter. A private attorney can also begin working on your case immediately, even before the arraignment date.
Can my arraignment be postponed?
Yes, your arraignment can be adjourned for good cause, such as hiring an attorney or needing time to review the charges. You or your lawyer can request a postponement from the court. Reasonable requests are generally granted, especially if you have retained counsel who needs time to prepare. However, do not assume the court will automatically reschedule without a proper request. If you fail to appear or fail to arrange for an adjournment, the judge could issue a bench warrant for your arrest.
What happens if I miss my arraignment?
Missing an arraignment can result in a bench warrant for your arrest and may trigger a forfeiture of any bail or release conditions. The court takes failure to appear seriously. If circumstances prevent you from attending, contact your attorney immediately. Legal counsel can often appear on your behalf for a routine hearing and explain the absence to the judge, potentially avoiding an arrest warrant. Never ignore a court date; prompt action is essential to protect your freedom.
Can my case be dismissed at the arraignment?
It is rare for a case to be dismissed at arraignment, but it is possible if the prosecution acknowledges a fatal defect in the complaint. Your attorney may also identify a procedural error or lack of probable cause and bring it to the judge’s attention. More commonly, the arraignment is used to set the stage for future proceedings. A dismissal at this early stage would be dedicated, but experienced counsel can begin laying the foundation to challenge the charges as the case develops.
What should I bring to my arraignment?
Bring your copy of the charging document, any bail or release paperwork, identification, and contact information for your attorney. If you have letters from an employer, landlord, or community member attesting to your character and stability, those can be helpful for the release determination. Dress neatly and arrive early. The courthouse at 49 Rancocas Road, Mount Holly, has parking available, but allow extra time for security screening. Having an attorney with you ensures you present the most compelling case for release.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. A former prosecutor, he understands both sides of the courtroom and uses that insight to build a well-prepared defense. Mr. Sris is admitted to practice in New Jersey and four other jurisdictions, and he works alongside a team of seasoned Of Counsel attorneys who collectively bring over 120 years of combined legal experience. Results may vary. Together, they have documented more than 4,739 case results across all practice areas since the firm’s founding.
For a deeper look at New Jersey criminal statutes and procedural rules, visit our comprehensive analysis at https://srislawyer.com/criminal-defense-lawyer/.
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