Freehold Borough is small, about 1.9 square miles with roughly 12,500 residents, but it is the center of criminal justice in Monmouth County. The Monmouth County Courthouse, the Monmouth County Prosecutor’s Office and the county jail are all in or around Freehold. If you have been arrested or received a summons in the borough, your case may be heard in two very different places: the Freehold Borough Municipal Court on Jackson Street, or the Superior Court a few blocks away at the county courthouse.
The criminal defense attorneys at Keith Oliver Criminal Law handle cases in Freehold every week. We defend people charged with DWI, drug offenses, shoplifting, assault, domestic violence and serious indictable crimes, and we can explain which court your case belongs in, what you are facing and how to protect your record. Call (732) 858-6959 for a free consultation, 24/7.
Freehold Borough or Freehold Township? Why It Matters
One of the most common sources of confusion is that there are two Freeholds. Freehold Borough is completely surrounded by Freehold Township, and each has its own police department and its own municipal court. Where you were stopped or arrested decides where your case goes:
- Freehold Borough covers downtown Freehold, including Main Street (County Route 537), the area around the county courthouse and the surrounding residential neighborhoods. Charges written by Freehold Borough police go to the Freehold Borough Municipal Court.
- Freehold Township includes most of the Route 9 corridor and the Freehold Raceway Mall area. A shoplifting charge at the mall, for example, is usually a Freehold Township case. If that applies to you, see our Freehold Township criminal defense page and our page on Freehold shoplifting charges.
Check the top of your summons or complaint. It lists the court and the municipality. If you are unsure, we can tell you in a quick phone call.
Freehold Borough Municipal Court: What to Know
| Address | 38 Jackson Street, Freehold, NJ 07728 |
|---|---|
| Court phone | (732) 462-2444 |
| Court sessions | Tuesdays, 1:00 p.m. and 4:00 p.m. (sessions have been held virtually; check your notice) |
| Office hours | Monday to Friday, 8:30 a.m. to 4:00 p.m. |
| Paying a ticket | Online at NJMCdirect.com, or at the court by cash, check or money order |
A few practical points about this court:
- Virtual court. The borough has been holding its sessions remotely. The court asks you to send your email address at least three days before your court date so it can send you a link. Missing that step can lead to a missed appearance and, in some cases, a bench warrant.
- Pleading not guilty. The court asks defendants who want to plead not guilty to contact the court office at least seven days before the date on the ticket or summons.
- Public defender. If you cannot afford a lawyer, you can apply for the municipal public defender by submitting a financial questionnaire. Keep in mind that the public defender handles a heavy caseload, and you will not choose who represents you.
- Do not just pay a criminal complaint. Paying a traffic ticket online is fine for many minor violations. But a disorderly persons complaint, a DWI or a charge that carries points or license loss should be reviewed by a lawyer first. Paying it is a guilty plea.
Court procedures change, so always confirm your date and appearance method on the notice you received or by calling the court.
What Happens After an Arrest in Freehold Borough
Every case is different, but most follow the same path:
- Arrest or summons. For many lower-level charges, police issue a complaint-summons and release you with a court date. For more serious charges, police may file a complaint-warrant and hold you.
- Jail and the risk assessment. If you are held, you will be taken to the Monmouth County Correctional Institution at 1 Waterworks Road in Freehold. Under New Jersey’s Criminal Justice Reform Act there is no cash bail. A pretrial risk assessment is prepared, and most people are released with conditions.
- First appearance. A judge reviews the charges and release conditions, generally within 48 hours. If the prosecutor files a motion for pretrial detention, a detention hearing is held, usually within a few days. Having a lawyer at that hearing can make the difference between going home and staying in jail.
- Municipal court or Superior Court. Disorderly persons offenses, petty disorderly persons offenses, DWI and traffic matters stay in the Freehold Borough Municipal Court. Indictable crimes (first through fourth degree) are sent to the Monmouth County Prosecutor’s Office and the Superior Court.
If you have an open warrant, read our guide to Monmouth County warrants and how to clear them, and call us before you walk into a police station.
Charges Heard in Freehold Borough Municipal Court
The municipal court handles what New Jersey calls disorderly persons and petty disorderly persons offenses, plus motor vehicle cases. These are not “minor” when you are the one charged. A conviction is a criminal record that shows up on background checks. Common Freehold Borough charges include:
- DWI and refusal to submit to a breath test
- Simple assault and harassment
- Shoplifting and theft under $200
- Drug possession and drug paraphernalia
- Disorderly conduct, trespassing and criminal mischief
- Driving while suspended, reckless driving and other serious traffic offenses
A note on marijuana: since 2021, adults 21 and older in New Jersey can legally possess up to six ounces of cannabis. Older charges such as “possession of under 50 grams” no longer apply to adults the way they once did, but driving under the influence of marijuana, possessing larger amounts and distribution are still prosecuted. Underage possession is handled through a separate warning system.
When Your Case Goes to the Monmouth County Courthouse
Indictable charges, such as aggravated assault, burglary, robbery, weapons offenses, drug distribution and sex crimes, are prosecuted by the Monmouth County Prosecutor’s Office and heard in the Criminal Division of the Superior Court at the Monmouth County Courthouse, 71 Monument Street in Freehold. These cases may go to a grand jury for indictment, and they carry the possibility of state prison.
Being local matters here. Our attorneys appear in the Freehold courthouse regularly and know the procedures, the pretrial programs and the way cases are negotiated in Monmouth County. For a walk-through of the building and the process, see our Monmouth County Courthouse guide, and our page on Monmouth County Superior Court defense.
New Jersey Penalties by Offense Grade
The grade of the offense controls the possible penalty. The chart below shows the ordinary maximum terms and fines under New Jersey law. Judges consider many factors, and many people, especially first offenders, receive far less than the maximum. Some offenses, such as DWI, shoplifting and Graves Act gun charges, have their own mandatory penalties.
| Offense grade | Where it is heard | Jail or prison | Maximum fine |
|---|---|---|---|
| Petty disorderly persons | Municipal court | Up to 30 days | $500 |
| Disorderly persons | Municipal court | Up to 6 months | $1,000 |
| Fourth degree crime | Superior Court | Up to 18 months | $10,000 |
| Third degree crime | Superior Court | 3 to 5 years | $15,000 |
| Second degree crime | Superior Court | 5 to 10 years | $150,000 |
| First degree crime | Superior Court | 10 to 20 years | $200,000 |
Source: N.J.S.A. 2C:43-3, 2C:43-6 and 2C:43-8. Murder and certain other offenses carry higher sentences, and extended terms can apply to repeat offenders. Learn more about indictable offenses in New Jersey.
Diversion Programs That Can Keep Your Record Clean
For many first-time offenders, the goal is not just a lighter sentence but no conviction at all. New Jersey offers several diversionary programs:
- Conditional discharge for certain drug offenses in municipal court. Complete a period of supervision and the charge is dismissed.
- Conditional dismissal for many other disorderly persons offenses in municipal court, such as shoplifting or simple assault, for people who have not used a diversion program before.
- Pretrial Intervention (PTI) for indictable charges in Superior Court. Successful completion results in dismissal of the charges.
Each program has eligibility rules and can generally be used only once. We will tell you whether you qualify and how to make the strongest application. If you have an old conviction, ask us about expungement.
Domestic Violence and Restraining Orders in Freehold
Domestic violence complaints and restraining orders are common in Freehold because the Family Part of the Superior Court sits at the county courthouse. A final restraining order is permanent, can affect your housing, job and right to own firearms, and is entered after a hearing that often happens within days. We have defended many of these hearings, including a restraining order dismissed after trial in Freehold. Read more about Freehold domestic violence laws.
Frequently Asked Questions
Do I need a lawyer for a municipal court charge in Freehold Borough?
You are not required to have one, but a disorderly persons conviction is a criminal record and can carry jail, fines, and in some cases license suspension or immigration consequences. A lawyer can often get charges downgraded, dismissed or resolved through a diversion program.
Will my case be in Freehold Borough or Freehold Township court?
It depends on where the incident happened and which police department wrote the charge. Your summons lists the court. Downtown Freehold and the area around the county courthouse are in the borough. The Route 9 corridor and the Freehold Raceway Mall area are in the township.
Can I attend Freehold Borough Municipal Court virtually?
The court has been holding sessions remotely and asks defendants to provide an email address at least three days before the court date. Always follow the instructions on your notice, or call the court at (732) 462-2444 to confirm.
What happens if I miss my court date?
The judge may issue a bench warrant and, for traffic matters, your license may be suspended. Call a lawyer right away. In many cases we can have the warrant vacated and the case rescheduled without you being taken into custody.
How much does a criminal defense lawyer cost in Freehold?
It depends on the charge and whether the case is in municipal court or Superior Court. Your first consultation with our firm is free, and we will give you a clear quote before you decide.
Talk to a Freehold Criminal Defense Attorney Today
Keith Oliver Criminal Law is part of Proetta & Oliver, LLC, and our attorneys focus only on criminal defense. Keith G. Oliver, William A. Proetta and Brett Rosen represent clients throughout Monmouth County, from the Freehold Borough Municipal Court to the Superior Court at the county courthouse. See some of our case results, then call (732) 858-6959 or contact us online for a free, confidential case review. We are available 24/7.