What happens at a criminal arraignment in Cape May County
You were arrested and given a date to appear in court. If that court is in Cape May County, the first hearing you attend is the arraignment. This is a formal proceeding where the judge tells you exactly what criminal charges have been filed and asks how you plead. Depending on the offense level, your arraignment will be held in either the Cape May County Municipal Court for disorderly persons matters or the Superior Court of New Jersey, Cape May Vicinage for indictable crimes. New Jersey abolished cash bail, so the judge will use a Public Safety Assessment to decide pretrial release conditions. Mr. Sris and the firm’s Of Counsel attorneys appear in these courtrooms regularly and can stand with you at this critical stage. To discuss your case, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the arraignment process in Cape May County
Cape May County handles criminal charges in two main courts. Disorderly persons offenses—roughly equivalent to misdemeanors in other states—are heard in the Cape May County Municipal Court, located at 9 North Main Street in Cape May Court House. More serious indictable crimes, the New Jersey equivalent of felonies, go to the Superior Court of New Jersey, Cape May Vicinage at the same address. The arraignment in either court serves the same purpose: the judge reads the charges, confirms you understand them, and asks you to enter a plea of guilty, not guilty, or no contest.
Because New Jersey ended cash bail in 2017, the court no longer sets a money bail amount. Instead, a computerized Public Safety Assessment, or PSA, scores your risk of flight and danger to the community. That score is presented at the arraignment, and the judge decides whether you will be released on your own recognizance, released with conditions, or detained pending trial. Having an attorney present at this hearing is important because the outcome of the PSA determination can affect your life while the case is pending. Mr. Sris and the firm’s Of Counsel attorneys know the local prosecutors and judges and can advocate for a fair release ruling.
Frequently asked questions
What is the purpose of a criminal arraignment in Cape May County?
An arraignment is the court hearing where you are formally advised of the criminal charges against you and you are asked to enter a plea. The judge will also confirm whether you have an attorney or need a public defender and, for certain offenses, will address pretrial release conditions using New Jersey’s Public Safety Assessment system. The arraignment is not the trial; it is the starting point of the court process. Having an experienced defense attorney at this hearing helps ensure your rights are protected from the very first appearance.
Do I need a lawyer for a criminal arraignment in Cape May County?
You have a right to be represented by a lawyer at your arraignment, and you should exercise that right. Even though the arraignment may seem like a quick procedural step, what happens there can affect your release status and the direction of your case. If you cannot afford a lawyer, you may apply for a public defender, but eligibility standards apply. Mr. Sris and the firm’s Of Counsel attorneys represent clients at arraignments throughout Cape May County and can help you from the very first hearing. Call (888) 437-7747 to discuss your matter.
Does New Jersey have cash bail, and how does that affect my arraignment?
No, New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act. At your arraignment in Cape May County, the judge will not set a money bail amount. Instead, a Public Safety Assessment—a computerized risk score—is used to decide pretrial release. Factors include your criminal history, the nature of the current charge, and your ties to the community. The judge may release you on your own recognizance, set non-monetary conditions, or order detention. Mr. Sris and the firm’s Of Counsel attorneys are familiar with the PSA system and argue for release when appropriate.
What is Pre-Trial Intervention, and can it apply at my arraignment?
Pre-Trial Intervention, or PTI, is a diversion program for certain first-time indictable offenders that can result in dismissal of charges after a period of supervision. PTI is not decided at the arraignment itself, but your attorney can begin evaluating your eligibility early. The program is administered through the Superior Court of New Jersey, Cape May Vicinage. For disorderly persons drug offenses, a similar diversion called conditional discharge may be available. An attorney at Law Offices Of SRIS, P.C. can explain whether these programs might apply to your situation.
What happens if I plead not guilty at the arraignment?
If you plead not guilty, the court will set future dates for pretrial conferences, motion hearings, or trial. In Municipal Court, the case may be scheduled for trial relatively soon. In Superior Court, the process is more involved and may include a grand jury presentation, indictment, and case management conferences. Your attorney can use the time after the arraignment to review evidence, file motions, and explore plea negotiations with the prosecutor.
What happens if I miss my arraignment date in Cape May County?
Missing an arraignment can result in a bench warrant for your arrest. The court takes failure to appear seriously, and you could be detained when you are brought back. If you have missed your court date, contact an attorney immediately. An experienced defense lawyer may be able to have the warrant lifted and get you back on the court’s calendar. Do not ignore a missed appearance; the situation will not improve on its own.
What is a disorderly persons offense, and where is the arraignment held?
A disorderly persons offense is New Jersey’s equivalent of a misdemeanor, punishable by up to six months in jail and a fine. Arraignments for these charges are held in the Cape May County Municipal Court at 9 North Main Street, Cape May Court House. Petty disorderly persons offenses, the lowest level, carry a maximum sentence of thirty days and a fine. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in Municipal Court for arraignments and beyond.
Can I get my criminal record expunged after an arraignment?
New Jersey law allows expungement of certain criminal records after a waiting period, but expungement does not happen at the arraignment stage. For indictable crimes, the waiting period is generally five years; for disorderly persons offenses, it is two years. Completion of a PTI program results in automatic dismissal and can make expungement available sooner. An attorney at Law Offices Of SRIS, P.C. can advise you on whether expungement may be an option down the road and help you preserve that possibility from the start of your case.
Will I be asked to enter a plea at the arraignment?
Yes, you will be asked to enter a plea of guilty, not guilty, or no contest. For most defendants, it is wise to plead not guilty at the arraignment. Pleading not guilty preserves all defenses and gives your attorney time to investigate the case. An attorney can explain the consequences of each plea option and help you make an informed decision at the arraignment.
How do I talk to a criminal defense lawyer about my arraignment in Cape May County?
Call Law Offices Of SRIS, P.C. at (888) 437-7747 to speak about your arraignment and the charges you are facing. Mr. Sris and the firm’s Of Counsel attorneys represent clients throughout Cape May County and are available to discuss your situation. The firm’s New Jersey location serves Cape May County courts, and consultations can be arranged promptly. Reach us at (888) 437-7747.
About Mr. Sris and the firm’s Of Counsel attorneys
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. and a former prosecutor. He founded the firm in 1997 and is admitted to practice in New Jersey, Virginia, Maryland, the District of Columbia, and New York. The firm’s Of Counsel attorneys bring extensive combined legal experience to criminal defense matters. Mr. Sris and the firm’s Of Counsel attorneys represent individuals at arraignments and throughout criminal proceedings in Cape May County. Results may vary. For a consultation, call (888) 437-7747.
Experienced criminal defense representation is also available in other New Jersey counties:
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