I was arrested in Union County, what should I do before I say anything to the police?

If you have been arrested or believe you are under investigation in Union County, the single most important step is to stop talking and clearly assert your rights. You are not required to answer questions, explain your side, or sign written statements without a lawyer. Anything you say can be taken out of context and used against you later. Mr. Gualano generally advises clients to politely state that they are invoking their right to remain silent and their right to counsel, and then to say nothing further about the incident. As a criminal defense attorney, he can communicate with law enforcement on your behalf, determine whether any discussion with investigators is actually in your interest, and start protecting your rights from the very beginning of the case.

What should I expect at my first court appearance in Union County after an arrest?

Your first appearance, whether in Union County Superior Court in Elizabeth or in a local municipal court, sets the tone for your case. At this hearing, the judge will formally advise you of the charges, explain your rights, and consider whether you will be detained or released while your case is pending under New Jersey’s risk-based pretrial system. The prosecutor may ask the court to hold you, impose monitoring, or set strict conditions of release, while your attorney can argue for your release on the least restrictive conditions reasonably necessary. A criminal lawyer like Mr. Gualano will be prepared to address the allegations, highlight your ties to the community, your employment, and your family responsibilities, and push back on any overstatements by the State. The outcome of this hearing can shape your ability to work, support your family, and participate fully in your own defense.

If I am charged with a first- or second-degree crime in Union County, does that mean I am definitely going to prison?

First- and second-degree crimes in New Jersey do carry a presumption of incarceration, which means that if you are convicted, a state prison sentence is generally expected. However, a charge is not the same as a conviction, and a presumption is not an automatic outcome. The final result depends on the specific statute, whether mandatory minimum terms apply (for example, in certain firearms or sex offense cases), the strength of the State’s evidence, your prior record, and the quality of the mitigation and legal arguments presented on your behalf. In some matters, particularly third- and fourth-degree cases, and occasionally even more serious cases with exceptional circumstances, probation, reduced custodial terms, or other alternatives may be realistic goals. A criminal defense attorney such as Mr. Gualano will examine the law and the facts, advise you honestly about risk, and work either to defeat the charges outright or to negotiate and argue for the most favorable sentencing outcome the law allows.

Can my Union County criminal case be resolved without going to trial?

Yes. Many criminal cases in Union County are resolved without a trial through diversionary programs, negotiated pleas, or dismissals. For certain first-time offenders charged with eligible indictable offenses, programs like Pretrial Intervention (PTI) may be available; successful completion can sometimes lead to a dismissal of the charge. In municipal court, there may be conditional dismissal or conditional discharge options in specific types of cases. In other situations, a negotiated plea may result in a reduced degree of offense, a more favorable sentencing range, or modifications that limit collateral consequences for employment, immigration, or professional licensing. As a criminal lawyer, Mr. Gualano will review discovery, identify legal and factual defenses, and then discuss with you whether the risks of trial outweigh the benefits of a negotiated resolution. The decision to accept or reject a plea is always yours, but it should be made with a clear understanding of the likely consequences on both paths.

Why should I hire a Union County criminal lawyer like Anthony R. Gualano instead of a general practitioner or a high-volume firm?

Serious criminal charges in Union County demand focused preparation, deep familiarity with New Jersey criminal law, and an understanding of how local judges and prosecutors handle real cases, not just textbook knowledge. Mr. Gualano is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney and has more than 35 years of experience trying and resolving high-stakes matters, including homicide, weapons offenses, sex crimes, official misconduct, and complex financial cases. He is known for thorough preparation, strategic thinking, and a professional, likeable courtroom presence that helps him work effectively with prosecutors and judges. Unlike high-volume practices where files may be passed down the line, he personally reviews discovery, drafts motions, prepares sentencing submissions, and maintains direct communication with his clients. Many people choose him because they want a criminal lawyer who treats their case as an outcome-critical problem, builds a tailored defense strategy, and keeps both the immediate charges and long-term consequences in view at every step.

Union County Criminal Lawyer | Criminal Defense Attorney in Union County, NJ

Anthony R. Gualano Law/

Union County Criminal Lawyer

Experienced, Strategic Criminal Defense Attorney in Union County, NJ, Protecting Your Freedom, Career, and Reputation

An arrest in Union County can turn your life upside down in an instant. A criminal charge in Elizabeth, Linden, Rahway, Plainfield, Union, Cranford, Scotch Plains, or any other Union County community threatens more than your freedom, it can jeopardize your career, your professional license, your immigration status, and your reputation. When that happens, you need a Union County criminal lawyer who treats your case as a serious, high-stakes problem, not a routine file to move along.

Anthony R. Gualano has spent more than 35 years defending people charged with crimes in New Jersey and Pennsylvania. He is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a designation held by only a small percentage of lawyers statewide. Over decades, he has tried countless jury and bench trials involving homicide, gun and weapons offenses, sex crimes, official misconduct, white-collar charges, and complex Megan’s Law matters, along with select municipal and motor-vehicle cases when the consequences are truly significant.

From his Jersey City office, he represents clients throughout North and Central Jersey, including Union County, with a focus on individuals who have a great deal to lose and are ready to invest in a thorough, strategic defense. Contact him with his online form to schedule your initial consultation today.

Focus on Serious Criminal Charges in Union County

Most indictable (felony-level) cases in the county are heard at the Union County Superior Court – Criminal Division, located at the historic courthouse at 2 Broad Street in Elizabeth, with many criminal courtrooms in the nearby annex. Disorderly persons matters and traffic offenses are handled in the municipal courts of the various towns and cities across the county.

As a criminal defense attorney in Union County, NJ, Mr. Gualano concentrates his practice on serious cases where the stakes are highest, including:

Homicide, Manslaughter, and Violent Crimes

First-degree crimes such as murder, attempted murder, and aggravated manslaughter carry some of the harshest penalties in New Jersey, often 10 to 20 years in state prison, with certain offenses subject to even longer enhanced terms in specific statutes. Violent offenses such as aggravated assault and robbery also carry lengthy exposure and a presumption of incarceration if there is a conviction.

In these matters, Mr. Gualano:

Examines the initial police response, 911 calls, and crime-scene procedures
Reviews witness statements for inconsistencies, bias, and reliability
Analyzes forensic evidence, such as ballistics, DNA, and digital data
Evaluates whether self-defense, misidentification, or other defenses may apply

His goal is to test every part of the State’s theory, identify weaknesses, and position the case for the strongest possible defense, whether that means seeking dismissal, negotiating a reduced charge, or taking the case to trial.

Gun and Weapons Possession Charges

New Jersey’s gun laws are among the strictest in the country. Unlawful possession of a handgun or certain other firearms can carry mandatory minimum prison terms and limited opportunities for early release under the state’s sentencing framework for weapons offenses.

When defending gun and weapons cases, Mr. Gualano focuses on:

Whether the stop of the vehicle or person was lawful
The legality and scope of any search and seizure
Whether the State can prove actual or constructive possession
Whether any statutory defenses, permits, or exemptions may apply
Sentencing strategies if mandatory minimum terms are implicated

Sex Crimes and Megan’s Law

Allegations of sexual assault, criminal sexual contact, endangering the welfare of a child, or possession of child sexual abuse material can lead to decades in prison, mandatory Megan’s Law registration, and Parole Supervision for Life in qualifying cases.

In these exceptionally sensitive matters, Mr. Gualano:

Carefully reviews digital and forensic evidence, medical records, and expert reports
Analyzes the consistency and credibility of statements from alleged victims and witnesses
Advises on Megan’s Law consequences, including tiering and community notification
Handles alleged Megan’s Law violations and, where the law allows, petitions for tier reductions or removal from registration

Because these cases can affect every aspect of a client’s life, they are prepared with particular discretion and attention to detail.

Official Misconduct and Public-Sector Cases

Public officials, corrections officers, and other government employees accused of official misconduct, theft, or public corruption face more than prison and fines, they risk the loss of their career, pension, and public trust. These cases often involve internal investigations, voluminous records, and intense scrutiny from prosecutors and the public.

With decades of criminal and civil litigation experience, Mr. Gualano understands how to navigate these matters, balancing the need to protect clients’ legal rights with the reality that their professional and reputational futures are often on the line.

White-Collar and Financial Crimes

Drawing on more than 35 years of civil litigation and 14 years as a review and closing attorney for commercial lenders and title insurance companies, Mr. Gualano brings added depth to white-collar defense. He represents clients accused of:

Embezzlement and theft by deception
Corporate, insurance, or public-sector fraud
Forgery and document-related offenses
Misuse or diversion of client or public funds

These cases frequently turn on complex financial records, questions of intent, and the credibility of cooperating witnesses. A careful, numbers-driven review is essential to mounting an effective defense.

High-Stakes Municipal and Disorderly Persons Matters

Although his core focus is serious indictable crimes, Mr. Gualano accepts select municipal and disorderly persons cases when the consequences justify serious investment, such as DWI/DUI, simple assault, or domestic-violence-related charges for licensed professionals, students, and others whose careers, immigration status, or reputations are at risk.

Even a “minor” disorderly persons conviction can carry up to six months in county jail and a fine of up to $1,000, while petty disorderly persons offenses can result in up to 30 days in jail and a fine up to $500. More importantly, both create a criminal record that can surface on background checks.

How New Jersey Classifies Crimes and Penalties

To understand what is at stake in Union County, it helps to know how New Jersey categorizes offenses.

Indictable Crimes (Felony-Level Offenses)

New Jersey uses the term indictable crimes for what many states call felonies. These cases are prosecuted in the Superior Court and graded by degree:

First-degree crimes: typically 10 to 20 years in prison, with fines up to $200,000, and some offenses carrying even longer ranges in specific statutes.
Second-degree crimes: generally 5 to 10 years in prison and fines up to $150,000.
Third-degree crimes: usually 3 to 5 years in prison and fines up to $15,000.
Fourth-degree crimes: up to 18 months in prison and fines up to $10,000.

For most first- and second-degree crimes, there is a presumption of incarceration, meaning a state prison sentence is expected if there is a conviction, while third- and fourth-degree crimes usually carry a presumption of non-incarceration for people with clean records.

Disorderly Persons and Petty Disorderly Persons Offenses

Offenses roughly comparable to misdemeanors are classified as disorderly persons (DP) and petty disorderly persons (PDP) offenses and are typically handled in municipal court. While they carry shorter possible jail terms, they are still criminal matters under New Jersey’s Code and can leave a lasting record.

The Criminal Process in Union County

The criminal process in Union County follows statewide rules, but local experience matters. A Union County criminal lawyer who regularly appears in Elizabeth and other county courts understands not only the law but how the system actually works day to day.

1. Investigation and Arrest

Investigations may involve informants, surveillance, digital forensics, search warrants, or interviews. When officers believe they have probable cause, they may arrest at the scene or through a warrant.

At this stage, it is rarely wise to “explain” your side to police. Mr. Gualano generally advises clients to invoke their right to remain silent and request counsel, allowing him to communicate with law enforcement and protect them from making statements that may later be used against them.

2. Complaint, First Appearance, and Detention

After an arrest, the State may issue a complaint-warrant (which can trigger a detention hearing) or a complaint-summons (often allowing release). New Jersey uses a risk-based pretrial system rather than traditional cash bail in many cases. At the first appearance, the court:

Advises you of the charges and your rights
Reviews a risk assessment prepared by Pretrial Services
Decides whether you will be detained or released with conditions while the case is pending

As a criminal defense attorney in Union County, NJ, Mr. Gualano advocates for release on the least restrictive conditions that are reasonably appropriate, emphasizing your ties to the community, employment, and other stabilizing factors.

3. Grand Jury and Indictment

For indictable offenses, the Union County Prosecutor’s Office typically presents evidence to a grand jury, a panel of citizens who decide whether there is sufficient evidence to return an indictment. If the grand jury votes to indict, the case proceeds in the Superior Court’s Criminal Division.

During this period, Mr. Gualano reviews preliminary discovery, begins legal research, and identifies early issues for potential motions.

4. Discovery, Motions, and Pretrial Conferences

Once indicted, the State must provide discovery, which may include:

Police and investigative reports
Body-worn camera and surveillance videos
Lab results, medical records, and forensic reports
Witness statements, audio or video recordings, and prior sworn testimony
Digital evidence and expert analyses

Mr. Gualano studies this material, looking for constitutional violations, evidentiary weaknesses, and inconsistencies. He may file motions to suppress evidence obtained in unlawful searches, to exclude statements taken in violation of rights, or to address defects in the indictment or charging documents. Pretrial conferences provide opportunities to resolve discovery disputes, set motion schedules, and explore whether a negotiated resolution is realistic.

5. Negotiation, Diversion, and Alternative Outcomes

Not every case should go to trial. A significant part of Mr. Gualano’s work as a Union County criminal lawyer involves:

Evaluating whether the facts and law support a viable defense at trial
Identifying eligibility for diversionary programs, such as Pretrial Intervention (PTI) for certain first-time offenders
Engaging in serious, fact-based plea discussions with the Prosecutor’s Office
Seeking charge reductions, downgraded offenses, or sentencing caps that make sense given the evidence and the client’s history

Because he is known as a prepared, reasonable advocate, not a theatrical “shark” trying to impress the gallery, prosecutors and judges understand that when he raises an issue, it is grounded in the record and the law. That credibility can be an asset in negotiation.

6. Trial

When a fair resolution cannot be reached, or when a client insists on fighting to clear their name, trial becomes necessary. As a Supreme Court-certified Criminal Trial Attorney with decades of courtroom experience, Mr. Gualano:

Develops a clear, coherent defense theory tailored to the facts
Cross-examines police, experts, and civilian witnesses
Challenges the reliability and interpretation of forensic and digital evidence
Presents defense witnesses and exhibits where appropriate
Argues firmly, but respectfully, to judges and juries

The State bears the burden of proving each element of the charge beyond a reasonable doubt. Mr. Gualano’s role is to make sure that burden is rigorously tested and that the defense case is fully heard.

7. Sentencing and Post-Conviction Relief

If a case results in a plea or conviction, the focus shifts to sentencing. New Jersey’s sentencing scheme provides ranges for each degree of offense and calls on judges to balance aggravating and mitigating factors.

At this stage, Mr. Gualano:

Prepares detailed sentencing memoranda and supporting documentation
Presents evidence of rehabilitation, family responsibilities, employment, and other mitigation
Argues for probation, reduced terms, or alternatives where the law permits
Seeks to limit the impact of collateral consequences, such as Megan’s Law, where statutory room exists for argument

After sentencing, he may advise on appeals, post-conviction relief applications, or, when eligible, expungement of certain convictions or arrests under New Jersey law.

Who Turns to Anthony R. Gualano in Union County?

While he represents clients from many walks of life, a significant part of Mr. Gualano’s Union County practice involves:

Licensed professionals (healthcare providers, lawyers, teachers, corrections officers, law enforcement, and others)
Business owners and managers
Graduate and college students with futures on the line
Parents and caregivers (whose ability to provide for their families depends on the outcome)

These clients often have more at stake than a potential jail term. They are worried about professional licensing actions, immigration consequences, background checks, and reputational harm. They seek out a Union County criminal lawyer who is strategic, prepared, and steady, someone who understands that their criminal case is only part of a larger picture.

Why Choose a Criminal Defense Attorney in Union County, NJ, Like Anthony R. Gualano?

When your future is on the line, the choice of counsel matters. Clients retain Mr. Gualano because he offers:

Supreme Court of New Jersey Criminal Trial Certification
More than 35 years of criminal defense experience in serious indictable and high-stakes municipal matters
Deep parallel experience in civil and family litigation, invaluable when criminal allegations intersect with divorce, custody, business disputes, or complex financial issues
Broad admissions in New Jersey and Pennsylvania state and federal courts, including the United States Supreme Court
A reputation as a strategic, thoroughly prepared, and likeable advocate, respected by judges, colleagues, and clients
Direct access and personal communication; clients work with Mr. Gualano, not a rotating cast of junior lawyers

He approaches every matter as a comprehensive defense project, from investigation and motion practice through negotiation, trial preparation, and sentencing advocacy, with a clear focus on protecting not only your immediate liberty but also your long-term future.

Speak with a Union County Criminal Lawyer Today

If you are under investigation or have been charged with a crime in Elizabeth, Linden, Rahway, Union, Plainfield, Cranford, Scotch Plains, Clark, Roselle, or anywhere else in the county, you do not have to face the system alone. The State is already working on its case. You deserve someone working on yours.

To discuss your situation with an experienced criminal defense attorney, contact Anthony R. Gualano Law using his online form. Mr. Gualano will speak with you directly, review the allegations, explain your options, and begin crafting the strategic, carefully prepared defense you need to protect your rights, your record, and your future.

Frequently Asked Questions About Union County Criminal Defense

If you have been arrested or believe you are under investigation in Union County, the single most important step is to stop talking and clearly assert your rights. You are not required to answer questions, explain your side, or sign written statements without a lawyer. Anything you say can be taken out of context and used against you later. Mr. Gualano generally advises clients to politely state that they are invoking their right to remain silent and their right to counsel, and then to say nothing further about the incident. As a criminal defense attorney, he can communicate with law enforcement on your behalf, determine whether any discussion with investigators is actually in your interest, and start protecting your rights from the very beginning of the case.
Your first appearance, whether in Union County Superior Court in Elizabeth or in a local municipal court, sets the tone for your case. At this hearing, the judge will formally advise you of the charges, explain your rights, and consider whether you will be detained or released while your case is pending under New Jersey’s risk-based pretrial system. The prosecutor may ask the court to hold you, impose monitoring, or set strict conditions of release, while your attorney can argue for your release on the least restrictive conditions reasonably necessary. A criminal lawyer like Mr. Gualano will be prepared to address the allegations, highlight your ties to the community, your employment, and your family responsibilities, and push back on any overstatements by the State. The outcome of this hearing can shape your ability to work, support your family, and participate fully in your own defense.
First- and second-degree crimes in New Jersey do carry a presumption of incarceration, which means that if you are convicted, a state prison sentence is generally expected. However, a charge is not the same as a conviction, and a presumption is not an automatic outcome. The final result depends on the specific statute, whether mandatory minimum terms apply (for example, in certain firearms or sex offense cases), the strength of the State’s evidence, your prior record, and the quality of the mitigation and legal arguments presented on your behalf. In some matters, particularly third- and fourth-degree cases, and occasionally even more serious cases with exceptional circumstances, probation, reduced custodial terms, or other alternatives may be realistic goals. A criminal defense attorney such as Mr. Gualano will examine the law and the facts, advise you honestly about risk, and work either to defeat the charges outright or to negotiate and argue for the most favorable sentencing outcome the law allows.
Yes. Many criminal cases in Union County are resolved without a trial through diversionary programs, negotiated pleas, or dismissals. For certain first-time offenders charged with eligible indictable offenses, programs like Pretrial Intervention (PTI) may be available; successful completion can sometimes lead to a dismissal of the charge. In municipal court, there may be conditional dismissal or conditional discharge options in specific types of cases. In other situations, a negotiated plea may result in a reduced degree of offense, a more favorable sentencing range, or modifications that limit collateral consequences for employment, immigration, or professional licensing. As a criminal lawyer, Mr. Gualano will review discovery, identify legal and factual defenses, and then discuss with you whether the risks of trial outweigh the benefits of a negotiated resolution. The decision to accept or reject a plea is always yours, but it should be made with a clear understanding of the likely consequences on both paths.
Serious criminal charges in Union County demand focused preparation, deep familiarity with New Jersey criminal law, and an understanding of how local judges and prosecutors handle real cases, not just textbook knowledge. Mr. Gualano is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney and has more than 35 years of experience trying and resolving high-stakes matters, including homicide, weapons offenses, sex crimes, official misconduct, and complex financial cases. He is known for thorough preparation, strategic thinking, and a professional, likeable courtroom presence that helps him work effectively with prosecutors and judges. Unlike high-volume practices where files may be passed down the line, he personally reviews discovery, drafts motions, prepares sentencing submissions, and maintains direct communication with his clients. Many people choose him because they want a criminal lawyer who treats their case as an outcome-critical problem, builds a tailored defense strategy, and keeps both the immediate charges and long-term consequences in view at every step.