Hudson County Criminal Court hears all criminal cases in Hudson County. Below you will find specific information about criminal cases and how they are handled in Hudson County.
Who is the prosecutor for Hudson County?
Depending upon the case, the prosecutor for Hudson County criminal cases will either be a representative of Hudson County or a representative from New Jersey. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
What happens in Hudson County at an arraignment?
In Hudson County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
In a jury trial in Hudson County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
Where will Hudson County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Hudson County. See here for the location of the criminal courts in Hudson County.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Who can help me in Hudson County?
For general information about your case the Hudson County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
Hudson County Required Court Appearances
In Hudson County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Can I request a Plea Agreement?
In Hudson County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Hudson County Criminal Court Locations
Hudson County Superior Court
Address: 595 Newark Avenue, Jersey City, NJ 07306
Phone: 201-795-6000 Fax: 201-795-6603
Hudson County Superior Court – Civil Division
Address: 583 Newark Avenue, Jersey City, NJ 07306
Phone: 201-795-5162 Fax: 201-217-5249
Hudson County Superior Court – Criminal Division
Address: 595 Newark Avenue, Room 101, Jersey City, NJ 07306
Phone: 201-795-6828 Fax: 201-217-5210
Hudson County Superior Court – Family Division
Address: 595 Newark Avenue, Room 201, Jersey City, NJ 07306
Phone: 201-795-6793 Fax: 201-795-6780
Hudson County Surrogate’s Court
Address: 583 Newark Avenue, First Floor, Jersey City, NJ 07306
Phone: 201-795-6378 Fax: 201-795-5488
Bayonne Municipal Court
Address: 630 Avenue C, Bayonne, NJ 07002
East Newark Municipal Court
Address: 34 Sherman Avenue, East Newark, NJ 07029
Phone: 973-481-2902 Ext. 229
Guttenberg Municipal Court
Address: 6808 Park Avenue, Guttenberg, NJ 07093
Phone: 201-868-3360 Ext. 104 Fax: 201-868-9332
Harrison Municipal Court
Address: 318 Harrison Avenue, Harrison, NJ 07029
Phone: 973-268-2453 Fax: 973-482-9567
Hoboken Municipal Court
Address: 100 Newark Street, Hoboken, NJ 07030
Phone: 201-420-2120 Fax: 201-420-2138
Jersey City Municipal Court
Address: 365 Summit Avenue, Jersey City, NJ 07306
Phone: 201-209-6700 Fax: 201-459-0951
Kearny Municipal Court
Address: 404 Kearny Avenue, Kearny, NJ 07032
Phone: 201-955-7410 Fax: 201-997-1980
North Bergen Municipal Court
Address: 4225 Bergen Turnpike, North Bergen, NJ 07047
Phone: 201-392-2126 Fax: 201-330-7299
Secaucus Municipal Court
Address: 1203 Paterson Plank Road, Secaucus, NJ 07006
Phone: 201-330-2065 Fax: 201-319-9024
Union City Municipal Court
Address: 3715 Palisade Avenue, Union City, NJ 07087
Phone: 201-392-3691 Fax: 201-348-1687
Weehawken Municipal Court
Address: 400 Park Avenue, 2nd Floor, Weehawken, NJ 07086?
Phone: 201-319-6030 Fax: 201-806-6850
West New York Municipal Court
Address: 428 60th Street, West New York, NJ 07093
Phone: 201-295-5185 Fax: 201-866-6074