New Jersey Criminal Defense Attorneys

Felony Statute of Limitations

No limit

No limit for murder, manslaughter, and certain sex offenses; 5 years for most crimes; 7 years for criminal sexual contact against adults (N.J.S.A. 2C:1-6)

Misdemeanor Statute of Limitations

1 year

1 year for disorderly persons and petty disorderly offenses (N.J.S.A. 2C:1-6(b)(2))

Sentencing Structure

85%

Crime of the First through Fourth Degree under N.J.S.A. 2C:43-6; presumption of imprisonment for First/Second Degree (§ 2C:44-1); No Early Release Act (NERA) requires 85% service for first/second-degree crimes (§ 2C:43-7.2); Graves Act firearm mandatory minimums (§ 2C:43-6c)

Expungement / Record Sealing

10 years

N.J.S.A. 2C:52-1 et seq. — Clean Slate Act (2019, P.L. 2019, c. 269) provides automatic expungement after 10 years; petition-based expungement broader; CREAMMA marijuana expungement automatic

Bail / Pretrial Release

Bail Reform

Bail Reform (P.L. 2014, c. 31, eff. 1/1/2017) eliminated cash bail almost entirely — pretrial release based on Public Safety Assessment (PSA); preventive detention motions require clear and convincing evidence

Typical attorney fee

Hourly

Hourly / Flat Fee

New Jersey grades crimes under N.J.S.A. 2C:43-1 et seq. — Crimes of the First Degree (10-20 years), Second Degree (5-10), Third Degree (3-5), Fourth Degree (up to 18 months), and Disorderly Persons Offenses / Petty Disorderly (misdemeanors, up to 6 months / 30 days). Murder under N.J.S.A. 2C:11-3 carries 30 years to life without parole (New Jersey abolished the death penalty in 2007 — the first state to legislatively abolish in modern era). New Jersey’s historic Bail Reform took effect January 1, 2017 under P.L. 2014, c. 31 — eliminating cash bail almost entirely and replacing it with risk-based pretrial release decisions through the Public Safety Assessment (PSA). New Jersey legalized recreational marijuana in 2021 (CREAMMA, N.J.S.A. 24:6I-31 et seq., after voters approved 2020 amendment) — adults 21+ can possess up to 6 oz cannabis flower; medical cannabis since 2010. CREAMMA also provided for automatic expungement of many prior marijuana convictions. New Jersey’s Pretrial Intervention Program (PTI) under N.J.S.A. 2C:43-12 et seq. is uniquely valuable — first-time offenders can have charges dismissed upon successful completion of supervised intervention. New Jersey’s expungement framework under N.J.S.A. 2C:52-1 et seq. — substantially expanded by Clean Slate Act (2019) and subsequent amendments — allows automatic relief for most records after 10 years. New Jersey County Prosecutors plea-bargain extensively.