Every felony charge in Monmouth County ends up in the same building: the Monmouth County Courthouse in Freehold. If you or a family member has been charged with an indictable crime anywhere from Middletown to Manalapan, that is where the case will be decided. The judges, prosecutors and procedures there will shape every step that follows.
In New Jersey, “felonies” are called indictable crimes and are graded first through fourth degree. Lesser charges, such as disorderly persons offenses, usually stay in the local municipal court. Indictable charges go to the Criminal Division of the Superior Court. That is the system this page explains.
The attorneys at Keith Oliver Criminal Law appear in the Freehold courthouse regularly, and our Middletown office is a short drive away. Below is how a criminal case moves through Monmouth County Superior Court, what happens at each stage, and what you can do now to protect yourself.
Monmouth County Superior Court at a Glance
| Courthouse | Monmouth County Courthouse, 71 Monument Street, Freehold, NJ 07728 |
| Prosecutor | Monmouth County Prosecutor’s Office, 132 Jerseyville Avenue, Freehold, NJ 07728 |
| County jail | Monmouth County Correctional Institution, 1 Waterworks Road, Freehold, NJ 07728 |
| Cases heard | Indictable (first- through fourth-degree) crimes committed anywhere in Monmouth County |
| Our nearest office | 180 Kings Highway, Middletown, NJ 07748 · (732) 858-6959 |
The courthouse handles criminal, civil and family matters, so the building is busy most weekdays. Plan to arrive at least 30 minutes early. You will go through airport-style security screening at the entrance, and courtroom assignments are posted inside. Dress as you would for a job interview, and bring the paperwork you received from the court or the police.
If you are unsure which courtroom you are in, or whether you need to appear at all, call us before your court date rather than after. Missing a Superior Court date can lead to a bench warrant.
How a Criminal Case Moves Through Monmouth County Superior Court
Not every case goes through every step. Many end at the pre-indictment stage through a downgrade, PTI or an early plea, and a grand jury can decline to indict. The sections below explain each stage, and our overview of the steps in a New Jersey criminal case covers the process statewide.
Your First Appearance and the Detention Hearing
New Jersey no longer uses cash bail for most cases. Since 2017, the Criminal Justice Reform Act has required judges to decide quickly whether a person charged on a complaint-warrant is released, and on what conditions.
First appearance (Central Judicial Processing)
If you are arrested on a complaint-warrant and held at the Monmouth County jail, your first court appearance is in Central Judicial Processing (CJP) court. It generally happens within 48 hours, often by video from the jail. At CJP, the judge:
- Tells you the charges and your rights.
- Confirms whether you have a lawyer or need a public defender.
- Reviews a Public Safety Assessment, a score based on your record and the charge.
- Decides whether to release you, and on what level of pretrial monitoring, unless the prosecutor files a motion to detain you.
Most people are released at this stage. Release can be on your own recognizance or on Pretrial Monitoring Levels 1 through 3+, which range from phone check-ins to electronic monitoring and home detention.
Detention hearing
If the prosecutor files a motion for pretrial detention, you stay in jail until a detention hearing. That hearing is normally held within three working days of your first appearance. Your lawyer can ask for up to five working days to prepare.
At the hearing, the State must show probable cause for the charge. It must then show by clear and convincing evidence that no combination of release conditions can reasonably assure that you will appear in court, protect the community, and keep you from obstructing the case. Your lawyer can challenge the evidence, cross-examine the State’s witnesses, and present a release plan, such as a stable address, a job, family support and treatment.
This hearing matters more than almost anything else early in a case. A person who is released can work, support a family, and help prepare a defense. Hiring a lawyer before the hearing, rather than after it, gives you the best chance to come home.
Pretrial Intervention (PTI) in Monmouth County
For many first-time offenders, the best outcome is never being convicted at all. Pretrial Intervention is a diversion program run through the Superior Court. If you are admitted and complete it, the charges are dismissed. Statewide, courts admitted 6,531 people to PTI in the court year ending June 2025.
PTI generally works like this:
- Apply early. The application must be filed no later than 28 days after the indictment. In many cases, the best time is before indictment, when the prosecutor is still evaluating the charges.
- Review by the PTI office and the prosecutor. They weigh the 17 factors in N.J.S.A. 2C:43-12(e), including the nature of the offense, your age and history, the victim’s views, and whether supervision and treatment are more useful than prosecution.
- Supervision. If admitted, you are supervised for a set term, usually one to three years, with conditions such as counseling, community service or restitution.
- Dismissal. When you complete the program, the charges are dismissed. PTI can generally be used only once.
Some charges carry a presumption against admission, including most first- and second-degree crimes. A presumption is not a ban. A well-prepared application that documents “compelling reasons” (treatment you have already started, steady employment, family responsibilities, and why this incident is out of character) can still persuade the prosecutor. We prepare PTI applications the way we would prepare for trial, with records, letters and evaluations that answer the factors one by one.
If PTI is denied, the denial can be appealed to the Superior Court judge, although the standard of review is demanding.
Before Indictment: Negotiation and the Grand Jury
After the first appearance, the Monmouth County Prosecutor’s Office reviews the charges. This pre-indictment stage is often the best time to resolve a case. The prosecutor can downgrade a charge and send it back to municipal court, make an early plea offer, or agree to PTI. A defense lawyer who engages here, with mitigation, evidence problems or a treatment plan, can change the outcome before the case gains momentum.
If the case is not resolved, the prosecutor presents it to a Monmouth County grand jury. The grand jury is made up of 23 citizens, and at least 12 must agree to return an indictment (a “true bill”). Only the prosecutor presents evidence, and the defense is not in the room. If the grand jury finds the evidence insufficient, it returns a “no bill” and the charge is dismissed.
For a defendant held in jail, the speedy-trial rules generally require an indictment within 90 days of detention, not counting excludable time such as defense requests for delay.
After Indictment: Arraignment, Discovery and the Plea Cutoff
Once indicted, your case is assigned to a Superior Court judge in Freehold.
- Arraignment. You enter a plea of not guilty, the judge confirms you have the State’s evidence (discovery), and the case is scheduled. Arraignment is required within 50 days of indictment.
- Discovery and motions. Your lawyer reviews police reports, body-camera footage, lab results and witness statements. This is when motions to suppress evidence from an illegal search, or statements taken in violation of Miranda, are filed and argued.
- Status conferences. The judge monitors progress, and plea negotiations continue.
- Pretrial conference and plea cutoff. At the pretrial conference, the State’s final plea offer is placed on the record and a trial date is set. After this “plea cutoff,” the court generally will not accept a negotiated plea, so you must decide whether to accept the offer or go to trial.
Because the plea cutoff locks in your choices, the work done in the months before it (investigation, motions and negotiation) usually decides the case.
Trial and Sentencing in Freehold
If your case goes to trial, a jury of Monmouth County residents decides whether the State has proven every element of the charge beyond a reasonable doubt. You have the right to testify or to remain silent, to confront the State’s witnesses, and to present your own evidence. Our attorneys have tried cases to verdict, including jury acquittals on aggravated assault charges.
If there is a conviction or a guilty plea, the judge orders a presentence report and sets a sentencing date. The judge weighs statutory aggravating and mitigating factors under N.J.S.A. 2C:44-1 and imposes a sentence within the range for the degree of the offense:
| Degree | Prison range | Maximum fine |
|---|---|---|
| First degree | 10 to 20 years | $200,000 |
| Second degree | 5 to 10 years | $150,000 |
| Third degree | 3 to 5 years | $15,000 |
| Fourth degree | Up to 18 months | $10,000 |
First- and second-degree crimes carry a presumption of imprisonment. A first-time offender convicted of a third- or fourth-degree crime has a presumption of non-imprisonment, which often means probation. Some offenses, such as many gun charges under the Graves Act, carry mandatory minimum terms, although an experienced lawyer can sometimes avoid them (see how one client avoided a mandatory jail term on a gun charge). Others, including sex offenses, carry registration and supervision requirements.
Sentencing is not a formality. A thorough sentencing memorandum, with medical records, treatment history, letters of support and evaluations, can make the difference between jail and probation, or between a longer and a shorter term.
Monmouth County by the Numbers
Source: NJ Courts, Criminal Justice Reform Statistics, Jan. 1 to June 30, 2024 (preliminary).
A detention motion is not the end of the story. In the first half of 2024, Monmouth County prosecutors filed 348 motions to detain, and judges ordered detention in 129 of them. The rest ended with the defendant released, either because the judge denied the motion or because the prosecutor withdrew it.
The same period shows how release works for everyone else. Of the 1,083 people charged on warrants and held in Monmouth County, about two-thirds were released without any detention motion at all, most on some level of pretrial monitoring. The county’s pretrial jail population fell from 371 on June 30, 2023 to 300 a year later.
These are county-wide figures, not a prediction for any one case. Your release depends on your charge, your record and how well your side is presented at the hearing.
Frequently Asked Questions
Where is the Monmouth County criminal court? Indictable criminal cases are heard at the Monmouth County Courthouse, 71 Monument Street, Freehold, NJ 07728. Disorderly persons offenses and traffic matters are usually heard in the municipal court of the town where the offense happened, such as Freehold Township or Freehold Borough.
My case was “downgraded.” What does that mean? The prosecutor has decided to treat the charge as a disorderly persons offense instead of an indictable crime and send it back to municipal court. Penalties are lower, and there is no grand jury or Superior Court trial.
Will I have to go to jail before trial? Most people charged in Monmouth County are released after their first appearance, often with monitoring conditions. Only if the prosecutor files a motion to detain, and the judge grants it after a hearing, will you be held until trial.
How long does a Superior Court case take? It varies widely. A case resolved by PTI or an early plea may take a few months. A case that goes through indictment, motions and trial can take a year or more.
Do I have to talk to the police or the prosecutor’s detectives? No. You have the right to remain silent and the right to a lawyer. Politely decline to answer questions until you have spoken with an attorney.
Can my record be cleared later? Often, yes. A dismissal, including after PTI, can usually be expunged. Many convictions can be expunged after a waiting period under N.J.S.A. 2C:52.
What is the difference between an indictable crime and a disorderly persons offense? An indictable crime is a felony-level charge graded first through fourth degree and handled in Superior Court. A disorderly persons offense is a lesser charge heard in municipal court, punishable by up to six months in jail and a $1,000 fine. A petty disorderly persons offense carries up to 30 days and a $500 fine.
Can I get a public defender in Monmouth County? If you are charged with an indictable crime and cannot afford a lawyer, you can apply to the Office of the Public Defender. Eligibility depends on your income and assets. Many people choose a private attorney so they can control who handles their case and get earlier, more individual attention.
What happens if I miss my court date? The judge can issue a bench warrant for your arrest, and missing court can be used as a reason to tighten your release conditions. If you have missed a date or think you might, call a lawyer right away. It is often possible to resolve the warrant before you are picked up.
Can my charges be dismissed before trial? Yes, in several ways. A grand jury can refuse to indict, a judge can dismiss a flawed indictment, key evidence can be suppressed after an illegal search, and completing PTI ends in dismissal. The prosecutor can also downgrade or drop charges during negotiations.
Should I accept the first plea offer? Not without a full review of the evidence. Early offers are sometimes the best ones, especially before indictment, but they are often made before the defense has seen discovery. After the plea cutoff, offers rarely improve, so the decision should be made carefully and with a lawyer.
Will a criminal conviction affect my job, license or immigration status? It can. A conviction may affect professional licenses, gun rights, housing and employment. For anyone who is not a U.S. citizen, some convictions can lead to deportation or bar future immigration benefits, so the immigration consequences of any plea must be reviewed before it is entered.
Talk to a Monmouth County Criminal Defense Lawyer
The earliest stages of a Superior Court case, the detention hearing, the pre-indictment review and the PTI application, are where the most can be gained. Waiting until arraignment can mean those chances have passed.
Keith Oliver Criminal Law defends people charged with indictable crimes throughout Monmouth County, from our office at 180 Kings Highway in Middletown. Call (732) 858-6959 for a free, confidential case review, available 24/7.
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