Indicted on Criminal Charges in New Jersey
Indicted in Monmouth County, NJ?
If you have been indicted in Monmouth County, New Jersey we strongly recommend that you contact an experienced criminal defense attorney as soon as possible. An indictment is in essence a formal way of being charged with an indictable offense, which is New Jersey’s version of a felony. In layman’s terms, you have been charged with a serious crime and as a result, you are not only facing being labeled as a convicted felon, but you also run the risk of being incarcerated for an extended period of time. If you would like to speak to one of the Monmouth County criminal defense attorneys at Proetta & Oliver about your legal options, then please contact our Middletown office at 732-858-6959. One of our attorneys would be glad to go over the entire process, including how we think we can be of assistance in your defense. Being indicted in New Jersey is extremely serious and is not something that anyone should take lightly. For more information on the NJ indictment process, please see below.
How do I get Indicted?
In order to be indicted in New Jersey, the prosecution must present their case to what is known as a Grand Jury. A Grand Jury is group of twenty-three individuals, chosen at random throughout the County, who are given the task of determining whether or not there is enough evidence to believe that the Defendant may have committed the offense(s) that the prosecution is alleging. This is a one sided hearing, meaning that the Defendant is not present, neither is their attorney or a Judge. The only individuals present aside from the grand jurors is the prosecution and their witnesses.
If thirteen or more individuals determine that the prosecution has meet their burden, the Grand Jury will return what is known as a True Bill and the Defendant will be formally indicted on the charges. If they determine that the prosecution has not met their burden, then the charge(s) will be considered No Billed and formally dismissed. With that being said, if the Grand Jury decides that the prosecution did not meet their burden on the indictable offense but they did on a lesser included offense(s), which would be considered a disorderly persons offense (misdemeanor), then those charge(s) will be remanded back to the local municipal court.
It is important to note here, that being Indicted by a Grand Jury DOES NOT mean that a Defendant has been convicted of a crime. This is the beginning of the criminal justice process.
What Happens after an Indictment in New Jersey?
If the Grand Jury returns a True Bill, then the Defendant will proceed through the criminal process. They will next be scheduled for what is known as an arraignment. This is where the Defendant will formally be notified of the charges against them and they will enter their initial plea to said charges. Once the Defendant is arraigned, the case will be scheduled for a Status Conference. Prior to that status conference, the Defendant will more likely than not be required to file any dispositive motions, including but not limited to the following:
- Suppression of Evidence;
- Miranda Rights;
- Probable Cause;
- Dismiss the Indictment;
- Compel Discovery;
- Fresh Complaint.
What Types of Charges get Indicted in Monmouth County?
Not everyone who is charged with an indictable offense will have their case presented to a Grand Jury. A significant number of cases can be resolved at what is known as a Pre-Indictment Conference or at their Central Judicial Processing Hearing. More often than not, the seriousness of the offense, the potential legal issues that will need to be litigated and the Defendant’s prior criminal history will play a major role in whether their case is sent to the Grand Jury or scheduled for a Pre-Indictment Conference. Some of the most common charges indicted in Monmouth County include the following:
Felony Criminal Defense Attorneys in Monmouth County, NJ
Proetta & Oliver is a Monmouth County based New Jersey criminal defense firm. If you have been indicted for a serious criminal offense like marijuana distribution, assault by auto, terroristic threats, theft by deception, eluding or any other offense for that matter, we can help. Our office serves all of Monmouth County, including towns like Middletown, Belmar, Manasquan, Howell, Holmdel, Tinton Falls, Eatontown, Highlands, Asbury Park, Wall Township, Ocean Township and Freehold. If you would like to set up an in-depth initial consultation, then please contact our Middletown office at 732-858-6959 or you can contact us online. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.