Indictable Offense in New Jersey
Is an Indictable Offense Considered a Felony?
Yes. The New Jersey criminal code has been broken down into two different categories, indictable offenses and disorderly persons offenses. All indictable offenses are considered “crimes” and they are New Jersey’s version of a felony offense. Conversely, all disorderly persons and petty disorderly persons offenses are considered “offenses” and not “crimes” and they are New Jersey’s versions of a misdemeanor. The type of offense will not only dictate what court has jurisdiction over the charges but also dictate whether or not a Defendant is entitled to jury trial or not. For more information on indictable offenses in Monmouth County, please see below.
Where are Indictable Offenses Litigated?
All indictable offenses that occur within Monmouth County will be litigated in the Monmouth County Superior Court, which is located at 71 Monument Street in Freehold. For example, if a Defendant has been arrested and charged with eluding in Howell, New Jersey, the charges will be transferred to the Monmouth County Superior Court for disposition. That also means that the Monmouth County Prosecutor’s Office and not the Howell Municipal Prosecutor will be in charge of prosecuting the case for the state. With that being said, it is possible for certain indictable offenses to be remanded back to the local municipal court for disposition. If that is to occur, then the indictable offense was downgraded to a disorderly persons offense and the local municipal court will retain jurisdiction over the case.
All Indictable Offenses the Same?
No. New Jersey has broken down indictable offenses into four different categories. They are a first, second, third and fourth degree indictable offense. Each category will dictate the potential penalties that someone faces if convicted. Here is a breakdown of the different offenses, including the potential penalties if convicted.
- First Degree Felony: 10 to 20 Years in a State Prison & $200,000 Fine
- Second Degree Felony: 5 to 10 Years in a State Prison & $150,000 Fine
- Third Degree Felony: 3 to 5 Years in a State Prison & $15,000 Fine
- Fourth Degree Felony: 18 Months in a State Prison & $10,000 Fine
Just to put that into prospective, anyone convicted of a disorderly persons offense will be facing up to 6 months in the Monmouth County Jail and a $1,000 fine.
Common Indictable Offenses in Monmouth County NJ
As stated above, the Monmouth County Superior Court will have jurisdiction over all indictable offenses that occur within the county, regardless of whether the incident happened in Tinton Falls, Middletown, Holmdel, Freehold, Long Branch, Ocean Township, Wall Township, Asbury Park or elsewhere. Here is a list of some of the most common indictable offenses that see being issued in Monmouth County:
- Heroin Possession
- Marijuana Distribution
- Aggravated Assault
- Assault by Auto
- Endangering the Welfare of a Child
Am I Entitled to Bail in NJ on a Felony?
As of 2017, bail in New Jersey has forever changed. The bail system is now geared towards a risk assessment basis as opposed to a purely cash based system. Furthermore, the prosecution is now able to detain a Defendant in the Monmouth County jail, without bail, pending trial. However, this is traditionally left for the more serious first and second degree felonies. In order to detain someone, the prosecution must be successful at what is known as a Detention Hearing. During this hearing it will be the prosecutions burden to convince the judge by clear and convincing evidence that the Defendant must be detained without bail. For more information on Detention Hearings in New Jersey, please contact our Middletown office at 732.858.6959.
Jury Trial or Bench Trial?
Anyone facing an indictable offense in New Jersey will be entitled to either a jury trial or a bench trial. It will be the Defendant’s decision what type of trial is conduct. With that being said, anyone facing a disorderly persons offense is not entitled to a jury trial and the Defendant’s only option is a bench trial.
Felony Criminal Lawyer in Monmouth County New Jersey
If you have been arrested and charged with the possession of marijuana with the intent to distribute, stalking, terroristic threats, unlawful possession of a weapon, heroin distribution, cocaine possession, burglary or any other offense for that matter in Monmouth County, Proetta & Oliver can help. At our firm, Mr. Oliver personally handles all felony matters that arise in Monmouth County. Unlike what tends to happen at larger firms, at Proetta & Oliver, we pride ourselves on being able to be very hands on with our clients, regardless of the nature of the case. At our firm, your file will not be juggled between several associates who are simply available to cover the case for that particular day. We believe that regardless of whether you are charged with a traffic ticket or a homicide, you deserve continuity when it comes to the attorney you chose. If you would like to speak to one of our Monmouth County criminal defense attorneys about your options, then please contact us at 732-533-1064.