New Jersey
Criminal Lawyer

Criminal charges in New Jersey can carry serious consequences, including incarceration, probation, financial penalties and a lasting record. The severity of the allegations, the available evidence and the court handling the case can all affect your legal options.

Attorney Gina M. Wicik represents individuals facing criminal allegations in New Jersey and develops defense strategies based on the specific circumstances of each case.

Drug Crime Defense

Drug charges in New Jersey can range from disorderly persons offenses to serious indictable crimes, depending on the substance involved, the quantity, the alleged conduct and other circumstances.

Common allegations include:

• Possession of a controlled dangerous substance.
• Possession with intent to distribute.
• Drug distribution or manufacturing.
• Prescription medication offenses.
• Drug paraphernalia charges.
• Drug-related offenses involving school zones or public property.

A drug charge does not automatically mean the prosecution can prove its case. Gina examines whether police had a lawful basis for a stop, search or arrest and whether the evidence supports the allegation.

Depending on the facts, potential issues may include unlawful searches, questions about possession, unreliable witness statements, laboratory testing concerns or insufficient evidence of an intent to distribute.

Assault & Violent Crimes

Assault allegations in New Jersey may arise from disagreements, domestic disputes, bar fights, workplace incidents or other confrontations. The seriousness of the charge depends on factors such as the alleged injury, the identity of the person involved, whether a weapon was used and the circumstances surrounding the incident.

Cases may include:

• Simple assault.
• Aggravated assault.
• Assault involving a weapon.
• Assault allegations involving police officers or other protected individuals.
• Terroristic threats.
• Robbery and other violent criminal allegations.

Simple assault is generally handled as a disorderly persons offense, while aggravated assault and other serious allegations may be prosecuted as indictable crimes in Superior Court.

Gina reviews witness statements, surveillance footage, medical records, police reports and other evidence to evaluate potential defenses, including self-defense, mistaken identity, lack of intent and conflicting accounts of what occurred.

Domestic Violence and Restraining Order Defense

Domestic violence allegations in New Jersey can lead to criminal charges, temporary restraining orders, removal from your home, restrictions on communication and limitations involving firearms.

An accusation may involve:

• Assault.
• Harassment.
• Stalking.
• Criminal mischief.
• Terroristic threats.
• Burglary.
• Sexual assault.
• Alleged violations of an existing restraining order.

Criminal proceedings and restraining order proceedings may be related, but they are separate matters with different procedures and consequences.

Gina examines the allegations, available communications, prior interactions, witness statements and other relevant evidence. She helps clients understand the legal restrictions they must follow and prepares a defense based on the circumstances of the case.

If a temporary restraining order has been issued, it is important to comply with every condition and obtain legal advice before contacting the other person or returning to a restricted location.

Theft, Shoplifting and Property Crimes

Theft-related charges can affect your employment, professional reputation and future background checks. Depending on the value of the property and the circumstances, an allegation may be handled in municipal court or prosecuted as an indictable crime.

Common charges include:

• Shoplifting.
• Theft by unlawful taking.
• Theft by deception.
• Burglary.
• Robbery.
• Receiving stolen property.
• Identity theft.
• Credit card fraud.
• Criminal mischief.

A theft accusation does not establish that a person intended to steal. Depending on the circumstances, a defense may involve mistaken identity, ownership disputes, lack of intent, insufficient evidence or inaccurate witness identification.

Gina reviews security footage, transaction records, receipts, police reports and witness statements to evaluate the strength of the allegations and identify available defense options.

Weapons Charges in New Jersey

New Jersey weapons laws can result in serious criminal charges, including allegations involving firearms, ammunition, knives or other prohibited weapons.

Potential charges may include:

• Unlawful possession of a weapon.
• Possession of a weapon for an unlawful purpose.
• Possession of a firearm without the required authorization.
• Unlawful possession of certain ammunition or firearm accessories.
• Possession by a person prohibited from having a firearm.
• Weapons allegations connected to another criminal charge.

Weapons cases frequently involve questions about how the item was discovered, whether law enforcement conducted a lawful search and whether the prosecution can establish possession or knowledge.

Gina examines the circumstances of the arrest, vehicle stops, search warrants, police reports and other available evidence to identify potential constitutional or factual defenses.

Because some weapons allegations carry significant sentencing consequences, obtaining legal advice early is particularly important.

Disorderly Persons and Petty Disorderly Persons Offenses

New Jersey does not generally use the terms “misdemeanor” and “felony” in the same way as many other states. Lesser criminal offenses are commonly classified as disorderly persons offenses or petty disorderly persons offenses.

These matters are ordinarily handled in municipal court and may include:

• Simple assault.
• Certain shoplifting allegations.
• Harassment.
• Disorderly conduct.
• Defiant trespass.
• Certain drug-related offenses.
• Criminal mischief.
• Resisting arrest in qualifying circumstances.

Although these charges are generally less serious than indictable crimes, they should not be ignored. A conviction can still carry consequences such as fines, probation, possible incarceration and a record that may affect future opportunities.

Gina reviews the allegations, explains the potential consequences and evaluates whether the case may be contested, resolved through negotiation or addressed through an available diversionary program.

Juvenile Delinquency Matters

When a minor is accused of conduct that would constitute an offense if committed by an adult, the case may proceed through New Jersey’s juvenile justice system.

Juvenile allegations can involve:

• Assault.
• Theft or shoplifting.
• Drug possession.
• Vandalism.
• School-related incidents.
• Weapons allegations.
• Online threats or harassment.

These cases can have consequences involving education, employment, probation and future opportunities. Parents and guardians should take allegations seriously and obtain legal guidance before allowing a minor to answer police questions.

Gina helps families understand the process, evaluate the evidence and consider available defense or resolution options based on the circumstances of the case.

Probation Violations

A probation violation can occur when a person is accused of failing to comply with conditions imposed by the court.

Allegations may include:

• Missing required appointments.
• Failing a drug or alcohol screening.
• Being arrested on a new charge.
• Failing to complete treatment or community service.
• Leaving an approved location without authorization.
• Failing to comply with other court-ordered conditions.

A violation does not necessarily mean the court will impose the maximum available consequence. The circumstances, the underlying case and the nature of the alleged violation all matter.

Gina reviews the basis for the allegation, communicates with the appropriate parties and advocates for an outcome that considers the client’s individual situation.

New Jersey DWI and DUI Defense

A New Jersey DWI charge is generally prosecuted as a motor vehicle offense, but the consequences can still be severe.

Depending on the circumstances, a DWI conviction may result in:

• Fines and court costs.
• Insurance surcharges.
• Driver’s license consequences.
• Ignition interlock requirements.
• Mandatory participation in the Intoxicated Driver Resource Center.
• Increased insurance premiums.
• Possible incarceration.

Gina examines whether police had a lawful reason to stop the vehicle and whether the investigation complied with applicable procedures.

Potential defense issues may involve:

• The reason for the traffic stop.
• Police observations.
• Field sobriety testing.
• Alcotest procedures.
• Required observation periods.
• Equipment records.
• Video footage.
• The handling of alleged drug-impaired-driving evidence.

A DWI charge should not be confused with a traditional criminal conviction, although related conduct can sometimes lead to separate criminal charges.

Fraud and Financial Offenses

Fraud and financial allegations may involve complex records, electronic communications, business transactions and questions about intent.

These matters may include:

• Identity theft.
• Credit card fraud.
• Theft by deception.
• Forgery.
• Insurance fraud.
• Financial misrepresentation.
• Other alleged white-collar offenses.

The prosecution must establish the elements of the offense based on evidence. Depending on the case, a defense may involve disputed intent, incomplete records, mistaken identity, authorization issues or a misunderstanding of the underlying transaction.

Gina reviews the available documentation and the factual allegations to develop a defense tailored to the circumstances.

What To Do After an Arrest in New Jersey

The decisions you make after an arrest or criminal accusation can affect the direction of your case. Protecting yourself begins with understanding your rights and avoiding unnecessary statements.

1. Remain Calm

Do not physically resist or argue with law enforcement. Even if you believe the arrest is unjustified, resisting can create additional legal problems.

2. Exercise Your Right To Remain Silent

Do not attempt to explain the situation, defend yourself or answer questions about the allegations before speaking with an attorney.

You may clearly state:

“I am exercising my right to remain silent, and I want to speak with an attorney.”

3. Ask for a Lawyer

Request legal counsel before participating in an interview or answering questions about the incident.

The fact that you ask for an attorney does not mean you are admitting guilt. It means you are protecting your legal rights.

4. Do Not Consent to a Search

If an officer asks for permission to search your vehicle, home, phone or belongings, you may state that you do not consent.

Do not physically interfere if law enforcement proceeds. Whether a search was lawful can be evaluated later by your attorney.

5. Do Not Discuss the Case

Avoid talking about the allegations with friends, coworkers, witnesses or other people involved in the incident.

Do not post about the situation on social media or send messages attempting to explain what happened. Written communications and recorded conversations may become evidence.

6. Preserve Relevant Evidence

Save potentially useful information, including:

• Text messages.
• Emails.
• Photographs.
• Video recordings.
• Receipts.
• Location information.
• Names and contact details of witnesses.

Do not alter, delete or destroy evidence.

7. Review Your Court Documents

Read any complaint, summons, release paperwork or court notice carefully. Missing a court appearance or violating release conditions can create additional consequences.

8. Contact a New Jersey Criminal Defense Attorney

Early legal representation can help you understand the allegations, prepare for court and identify issues that may affect your defense.

Call 516-253-4278 for a free confidential consultation.

Understanding New Jersey Criminal Courts

The court that handles a case generally depends on the type and seriousness of the allegation.

New Jersey Municipal Court

Municipal courts commonly handle:

• Disorderly persons offenses.
• Petty disorderly persons offenses.
• DWI charges.
• Traffic violations.
• Municipal ordinance violations.

Common municipal court matters include simple assault, harassment, shoplifting, disorderly conduct and certain drug-related allegations.

Although municipal court cases are generally less serious than indictable crimes, the consequences can still include fines, probation, incarceration and a lasting record.

New Jersey Superior Court

Indictable criminal charges are generally handled in the Criminal Division of the Superior Court in the county where the alleged offense occurred.

Superior Court matters may involve:

• Aggravated assault.
• Serious drug charges.
• Burglary.
• Robbery.
• Weapons offenses.
• Significant theft or fraud allegations.
• Certain domestic violence-related criminal charges.
• Other first-, second-, third- or fourth-degree crimes.

These cases may involve additional proceedings, including pretrial detention hearings, grand jury review, arraignment, formal discovery, motions, plea discussions and trial.

Schedule A Free Consultation Today

If you or a loved one has been arrested in New Jersey, do not wait to protect your rights.

The sooner you contact The Law Office of Gina M. Wicik, the sooner we can begin building your defense strategy.

Call Today For Immediate Criminal Defense Representation In New Jersey.