What happens at a criminal arraignment in Burlington County
A criminal arraignment in Burlington County is the first formal court appearance after an arrest or the issuance of a criminal complaint. At this hearing, the defendant is advised of the specific charges, informed of certain constitutional rights, and asked to enter a plea. In Burlington County, the location and tone of the arraignment depend on the classification of the offense. Disorderly persons offenses — the New Jersey equivalent of a misdemeanor — are arraigned in the Burlington County Municipal Court. Indictable crimes, which correspond to felony-level charges, are handled in the Superior Court of New Jersey, Law Division — Criminal Part, sitting at the Burlington Vicinage, 49 Rancocas Road, Mount Holly, New Jersey 08060.
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New Jersey’s criminal procedure differs from many other states in one critical respect: the state abolished cash bail in January 2017 under the Criminal Justice Reform Act. Instead of a monetary bond, pretrial release is determined by a computerized Public Safety Assessment (PSA) that measures the risk of flight and the danger to the community. This assessment is typically presented to the judge at the arraignment or at a detention hearing scheduled shortly afterward. Because what happens at an arraignment can shape the entire trajectory of a case — from whether a person remains detained pending trial to the preservation of defenses — having counsel present at the earliest stage is essential. To discuss your situation with an experienced criminal defense lawyer, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Understanding the Arraignment Process in Burlington County Courts
The arraignment serves several purposes. First, the judge confirms the defendant’s identity and ensures that the person understands the charges. In Municipal Court, the complaint is read aloud or summarized; in Superior Court, the defendant is told the nature of the indictment. Second, the defendant is advised of the right to counsel, the right to remain silent, and, for indictable offenses, the right to a grand jury presentment. Third, the defendant enters a plea. A plea of not guilty triggers further proceedings, including discovery and pretrial motions. A guilty plea may result in immediate sentencing for certain disorderly persons offenses or, in Superior Court, a separate sentencing date. A no-contest plea — while permitted in some circumstances — carries consequences similar to a guilty plea and is best discussed with counsel before the hearing.
In Burlington County, the Municipal Court handles arraignments for disorderly persons offenses and petty disorderly persons offenses. These are less serious charges, but a conviction can still carry up to six months in jail and a fine of up to $1,000, along with a lasting criminal record. Indictable crimes are arraigned in the Superior Court, where penalties range from 18 months for a fourth-degree crime to 10–20 years for a first-degree crime, depending on the degree and the presence of mandatory sentencing provisions. Regardless of the court, the arraignment is the moment when a defendant’s procedural rights must be asserted or they may be waived.
New Jersey Bail Reform and Arraignment: No Cash Bail
Because New Jersey has eliminated cash bail, the arraignment in Burlington County is not a proceeding where a bail amount is set. Instead, the court relies upon the Public Safety Assessment and a recommendation from Pretrial Services. Under N.J.S.A. Title 2C, a judge may order detention without release only if the State can prove by clear and convincing evidence that no combination of conditions would reasonably assure the defendant’s appearance in court or the safety of the community. Otherwise, the defendant is released on recognizance or subject to conditions such as telephone check-ins, drug testing, or electronic monitoring. The absence of cash bail means a person’s pretrial freedom is determined by risk, not financial means, but it also makes the decision highly fact‑specific. Arguing for the least restrictive conditions at or shortly after arraignment can be consequential.
For first-time indictable offenders, the court may also discuss eligibility for Pre‑Trial Intervention at a conference following arraignment. PTI is a diversion program that, if completed successfully, results in the dismissal of all charges. Similarly, in Municipal Court, a conditional discharge may be available for certain drug possession offenses. These possibilities are often addressed in the weeks after arraignment, but the groundwork is frequently laid at the initial appearance.
The Role of a Criminal Defense Attorney at Arraignment
While a defendant is not legally required to hire an attorney for an arraignment, appearing without counsel can carry significant risks. An experienced attorney can challenge the prosecutor’s request for detention, present information about community ties and employment to support release on recognizance, and ensure that the charges are correctly stated — an error in the complaint or indictment may affect the entire case. The arraignment is also the first opportunity to start building a defense strategy, including preserving evidence and identifying witnesses.
If you are facing a criminal charge in Burlington County, the arraignment is not simply a formality. It is the point at which procedural decisions begin to shape the outcome. Contacting a lawyer before the hearing can make a difference both in how the court views the case and in the strategic options that remain available afterward.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, Owner and Founder. Mr. Sris is a former prosecutor who now devotes his practice to criminal defense, family law, and immigration matters across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Together with his Of Counsel, Mr. Sris brings over 120 years of combined legal experience. Results may vary. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. Results may vary. The firm’s New Jersey location is at 44 Apple Street, 1st Floor, Tinton Falls, NJ 07724, and the team regularly represents individuals in Burlington County courts.
Frequently Asked Questions About Criminal Arraignment in Burlington County
Does New Jersey have cash bail?
No, New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act. Pretrial release in Burlington County is determined by a Public Safety Assessment (PSA) — a computerized risk score — rather than a monetary bond. There are no bail bondsmen in New Jersey. The judge decides release conditions at the arraignment or at a detention hearing soon after, based on the PSA and arguments from counsel. For experienced representation at this stage, call (888) 437-7747.
What is a disorderly persons offense in Burlington County?
A disorderly persons offense is New Jersey’s equivalent of a misdemeanor and is punishable by up to six months in jail and a $1,000 fine. Arraignments for these offenses take place in the Burlington County Municipal Court. A petty disorderly persons offense carries a maximum of 30 days in jail and a fine. Indictable crimes — the equivalent of felonies — are heard in the Burlington County Superior Court, where penalties are higher. An attorney can explain the distinction at the arraignment.
What is Pre‑Trial Intervention (PTI) in Burlington County?
PTI is a diversionary program for first‑time indictable (felony) offenders that, if successfully completed, results in the complete dismissal of all charges. The program involves one to three years of supervision. Applications are processed through the Superior Court of New Jersey, Burlington Vicinage, and eligibility is often discussed shortly after arraignment. Conditional discharge, a similar program in Municipal Court, is available for certain first‑time drug possession cases.
Do I need a lawyer at the arraignment?
Yes, having a lawyer at the arraignment is strongly advisable. An attorney can argue against detention, ensure that the charges are accurately recorded, protect your right to remain silent, and begin developing a defense strategy. Waiving counsel at this early stage may leave you without an advocate when critical release and procedural decisions are made. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your case before the hearing.
What happens after an arraignment in Burlington County?
After a not‑guilty plea in Burlington County, the case moves into the pretrial phase, which includes discovery, motion practice, and possible plea negotiations. In Municipal Court, the matter is typically set for trial within 30 to 60 days. In Superior Court, the timeline may be longer, with an indictment due within 90 days if the defendant is detained. PTI applications, evidentiary motions, and discussions with the prosecutor all follow the initial appearance.
Can I get my New Jersey criminal record expunged?
Yes, New Jersey permits expungement after certain waiting periods: five years for indictable crimes, two years for disorderly persons offenses. The Clean Slate law expanded eligibility for expungement, and successful completion of PTI results in automatic dismissal of the charge — avoiding a conviction altogether. Expungement petitions are filed in the Burlington County Superior Court, and an attorney can advise whether your record qualifies.
Outbound Authority
Burlington Vicinage, NJ Courts ·
New Jersey Statutes Annotated (Title 2C) ·
NJ Courts Self-Help: Criminal
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