New Jersey Criminal Defense Lawyer
A summons arrives in the mail, or a police officer hands you a complaint at the roadside, and suddenly a single date on a court notice controls your week. Sanvenero & Cittadino, LLC is a law firm that defends clients in Superior Court and municipal courts throughout Monmouth, Ocean, and Middlesex Counties and across New Jersey, handling indictable charges, disorderly persons offenses, DWI, traffic tickets, and firearm permit appeals.
Finding a New Jersey criminal defense lawyer starts with knowing which court your case will actually land in. New Jersey sorts offenses by grade rather than the felony and misdemeanor labels used elsewhere. Indictable crimes (first through fourth degree) belong to the Superior Court, Law Division, Criminal Part. Disorderly persons and petty disorderly persons offenses, along with most traffic and DWI cases, are heard in a municipal court. The distinction shapes everything that follows, including whether a grand jury is involved, whether you have a right to a jury, and what a conviction does to your record.
There is also a middle zone people overlook. A complaint can begin in a local municipal court as a serious indictable charge and then get forwarded to the county prosecutor. Rumson’s municipal court, for example, handles disorderly and petty disorderly matters but sends indictable complaints to the Monmouth County Prosecutor’s Office. Early decisions about who speaks to whom, and when, can determine which track your case takes.
What Separates a Municipal Court Case From a Superior Court Case
Many clients assume a “small” charge deserves a small response. That is a costly assumption. A disorderly persons offense is not a felony-level crime, but a conviction still creates a criminal record, and some municipal matters carry jail exposure. A first-offense DWI, for instance, carries up to 30 days in jail along with fines, a license suspension, and mandatory time at the Intoxicated Driver Resource Center.
Superior Court cases move differently. They involve the county prosecutor, pretrial conferences, discovery exchanges, plea negotiations, and, where warranted, grand jury presentation and trial. Monmouth County cases are heard at the Monmouth County Courthouse in Freehold. In Ocean County, the Criminal Division operates in Toms River, and in Middlesex County, the Law Division sits at the Middlesex County Courthouse in New Brunswick. A criminal defense attorney in New Jersey who regularly appears in these courts understands the pace of each and the local expectations on motions and negotiation.
Municipal courts are scattered across the region and each has its own rhythm. Red Bank and Shrewsbury Township share a court, Shrewsbury Borough has its own, Middletown Township has another, and Rumson also handles Fair Haven matters under a shared services arrangement. Knowing which municipal court has jurisdiction over a charge is the first practical step, because the court that issued your summons is where your first appearance will happen.
Why Choose Sanvenero & Cittadino, LLC for Criminal Defense
Sanvenero & Cittadino, LLC represents individuals, families, and business owners across Monmouth County, including Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, Asbury Park, and Shrewsbury, as well as clients in Ocean County, Middlesex County, and throughout New Jersey. The firm’s practice is centered on divorce and family law, and its criminal defense work draws on that same courtroom grounding. Clients are communicated with clearly, calls are returned, and each step is explained in plain terms.
Richard Sanvenero, Managing Partner, is a New Jersey Supreme Court Certified Matrimonial Attorney who previously served as a law clerk in the Family Part of the Superior Court of New Jersey. That background matters in criminal cases that overlap with family court, such as domestic violence charges, where a criminal complaint, a restraining order hearing, and custody questions can unfold at the same time. Joshua Cittadino, Founding Partner, brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions, which is useful when a charge touches a client’s livelihood or business. Mike Canarick, Of Counsel, is a tax and estate planning attorney who adds depth when financial or planning consequences follow a case.
The firm’s attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers. The firm has also recovered $400,000 for personal injury clients in just three months, reflecting a results-driven approach across its practice. Because criminal charges rarely stay in one lane, the firm works as a coordinated team across family, business, real estate, estate planning, and litigation. A client facing a DWI who also holds a commercial license, or a business owner charged with a disorderly persons offense, does not need to explain their situation to several disconnected firms.
Charges We Defend in New Jersey Courts
- Driving While Intoxicated: Charged under N.J.S.A. 39:4-50 when a driver operates under the influence of alcohol, narcotics, or other drugs, or with a blood alcohol concentration of 0.08% or higher. A first offense in the 0.08% to under 0.10% range carries a fine of $250 to $400 and up to 30 days in jail, while a reading of 0.10% or more brings a fine of $300 to $500 and a 7 month to 1 year license suspension.
- Breath Test Refusal: A first refusal brings a 7 to 12 month license suspension with 6 to 12 months of ignition interlock, a second refusal means two years, and a third means ten years. Refusal cases turn on whether the officer followed required procedures.
- Driving While Suspended: Under N.J.S.A. 39:3-40, driving on a suspension tied to a DWI or refusal carries a fine of $500 to $1,000 and up to 10 days in jail.
- Cannabis Offenses: Adults 21 and older may lawfully possess up to six ounces, but possession over that amount is a fourth-degree crime punishable by up to 18 months in prison and a fine of up to $25,000. Driving under the influence of cannabis is treated like alcohol DWI.
- Domestic Violence Related Charges: Criminal complaints arising under the Prevention of Domestic Violence Act often run alongside a temporary restraining order, with a final hearing scheduled within 10 days, and the outcome can affect custody and firearm rights.
- Disorderly Persons and Petty Disorderly Offenses: Lower-grade offenses heard in municipal court, including many theft, drug paraphernalia, and fighting-type charges, that still create a record unless handled correctly.
- Indictable Offenses: First through fourth degree crimes prosecuted by the county prosecutor in Superior Court, including serious theft, drug distribution, and violent offenses.
- Traffic Tickets: Speeding and moving violations that add points and surcharges and can lead to a suspension when violations accumulate.
- Firearm Permit Appeals: Denials of a Firearms Purchaser Identification Card or a permit to purchase a handgun can be appealed, and the firm handles firearm issues arising from domestic violence matters.
What to Do Right After a Charge or Arrest in New Jersey
Say little and sign nothing beyond what is required. You can identify yourself, but anything else you tell an officer can be used to build the case. Ask whether you are free to leave, and if you are in custody, ask for a lawyer and stop talking. Do not try to explain your side at the scene or at the station, even if it feels like it would clear things up.
Once you have a complaint or summons in hand, read the court name and the date. Missing a municipal court appearance can lead to a bench warrant, and ignoring a traffic or DWI ticket can add penalties on top of the original charge. Write down what happened while it is fresh: where you were, who was present, what the officer said, and whether any testing was done. Photographs of the location, names of witnesses, and receipts or timestamps can all matter later.
If you were arrested on a more serious charge, expect a first court event shortly after, and a detention or release decision may be made early. Your case may sit in a municipal court briefly before being sent to the county prosecutor. In Monmouth County, indictable matters proceed to the Monmouth County Courthouse in Freehold. Ocean County matters go through Toms River, and Middlesex County matters through New Brunswick.
Do not post about the incident on social media, contact the alleged victim or witnesses, or consent to searches of your phone or vehicle without advice. In cases involving a restraining order, violating its terms is itself a new offense, so follow every condition exactly. Call a lawyer before your first court date, not after, because the earliest decisions often shape the entire case.
Expungement and Clearing a Record After a Case Ends
A case ending is not always the end of its consequences. A record can affect employment, housing, professional licensing, and background checks long after a sentence is complete. New Jersey provides several routes to clear it, and eligibility depends on the offense and how much time has passed.
For an indictable conviction, the general waiting period is 5 years, or at least 4 years under a compelling-circumstances path. For disorderly persons offenses, it is generally 5 years, or at least 3 years where compelling circumstances apply. Municipal ordinance violations can be expunged after 2 years. Completing a diversion program such as conditional discharge or conditional dismissal opens expungement after 6 months, and Recovery Court allows it immediately.
The Clean Slate process requires at least ten years since the last conviction and since completing all fines, fees, and probation or parole, and it carries no numerical cap on offenses. Serious offenses such as murder, kidnapping, sexual assault, robbery, and arson are barred, and their presence blocks Clean Slate relief. Anyone with pending charges is ineligible. Marijuana and hashish offenses are separately expungeable. A criminal defense lawyer in New Jersey can map which path fits your record and handle the petition.
Common Questions About New Jersey Criminal Defense
What is the difference between an indictable offense and a disorderly persons offense?
Indictable offenses are the more serious crimes, graded first through fourth degree, and they are prosecuted in Superior Court. Disorderly persons and petty disorderly persons offenses are lower-level and are generally heard in municipal court. The grade drives the penalties, the court, and the long-term effect on your record.
Do I need a lawyer for a first DWI?
A first DWI carries fines, up to 30 days in jail, license suspension, ignition interlock, and mandatory time at the Intoxicated Driver Resource Center. Because the penalties scale with your blood alcohol reading and prior history, and because the testing process can be challenged, representation is worth serious consideration even on a first offense.
What happens if I refuse a breath test?
A first refusal brings a license suspension of 7 to 12 months and 6 to 12 months of ignition interlock. A second refusal means a two-year suspension, and a third means ten years. A refusal charge is separate from the DWI itself, and it has its own requirements the State must satisfy.
Can a DWI affect my commercial driver’s license?
Yes. A blood alcohol concentration of 0.04% or more while operating a commercial vehicle is enough for a DWI. Drivers who depend on a commercial license for work face consequences well beyond the standard penalties.
Is possessing marijuana still a crime in New Jersey?
Adults 21 and older may possess up to six ounces of marijuana or up to 17 grams of hashish without criminal or civil penalty. Possession above six ounces is a fourth-degree crime. Home cultivation is not permitted, and driving while impaired by cannabis is penalized like alcohol DWI.
How long does a criminal case take in Monmouth County?
There is no fixed timeline. A municipal court matter can resolve in a handful of appearances, while an indictable case in Superior Court involves discovery, pretrial conferences, and possible grand jury and trial stages. Complex evidence, motions, and plea negotiations all affect the pace.
What does a final restraining order hearing mean for my criminal case?
A final restraining order hearing is held within 10 days of a temporary order being issued, and it is a separate civil proceeding from any criminal complaint. Testimony given there can matter in the criminal case, so the two should be coordinated. A final order is permanent unless the court changes it, though a defendant can move to vacate it.
Can a criminal charge affect a professional license or immigration status?
It can. Licensing boards and immigration authorities look at convictions, and in some cases at the nature of the underlying conduct. Resolving a charge in a way that avoids the most damaging classification can matter as much as the sentence itself.
If my charge is dismissed, can I still get it expunged?
Dismissed charges are generally eligible for relief, and completion of a diversion program such as conditional discharge or conditional dismissal opens expungement after 6 months. Pending charges, however, make you ineligible until the case is resolved.
Can I appeal a firearm permit denial?
Yes. Denials of a Firearms Purchaser Identification Card or a permit to purchase a handgun can be challenged through an appeal. These cases often turn on the reason for denial and the documentation you can present.
What if I was charged with a crime while also going through a divorce?
The two proceedings can affect each other, particularly where domestic violence is alleged and custody or parenting time is at issue. Because the firm’s core practice is family law, the criminal and family sides can be coordinated rather than handled in isolation.
Is it worth hiring a lawyer for a traffic ticket?
For a simple ticket, many people do not. But speeding and moving violations add points and surcharges, and repeated violations can lead to suspension. If a ticket threatens your license or your job, a lawyer may be able to negotiate a better outcome.
Serving Criminal Defense Clients Across Monmouth, Ocean, and Middlesex Counties
From Red Bank and Shrewsbury through Rumson, Middletown, Holmdel, and Colts Neck, the firm represents clients charged in Monmouth County courts. We also serve people in Tinton Falls, Freehold, Long Branch, and Asbury Park, and we appear in the municipal courts that hear local traffic, DWI, and disorderly persons matters across the county.
The firm’s reach extends into Ocean County, including Toms River, and into Middlesex County, where cases are heard in New Brunswick. Clients also come to us from elsewhere in New Jersey when a charge or permit denial requires representation, and the firm’s attorneys are admitted in New York, Florida, and the District of Columbia as well.
Speak With a New Jersey Criminal Defense Attorney Today
If you have been charged, summoned, or arrested, the decisions you make in the first days can shape the entire case. Sanvenero & Cittadino, LLC provides clear, responsive guidance and will explain your options in plain terms. Call to schedule a consultation with a New Jersey criminal defense attorney and get a straight assessment of where your case stands.