What is an Indictment?

An indictment is integral to most serious criminal proceedings under New Jersey law. However, not all criminal charges get to the point of an indictment, which is a determination by a grand jury as to whether there is probable cause to determine whether a crime has been committed.  

Understanding the Criminal Complaint Process 

When a person faces criminal charges resulting from a formal complaint of illegal conduct filed by a law enforcement agent or a private citizen, they will either receive a summons to appear in court or be arrested because of an arrest warrant issued by a court.  

At the first court appearance, the court will advise the defendant of their rights and review their bail. If the defendant appeared in court pursuant to a summons or under some other circumstances, they could be released without bail. In other cases, they must pay bail to be released from custody. The judge will also determine whether the defendant needs a substance abuse evaluation and/or treatment as a condition of bail. 

Options for Resolving a Criminal Complaint 

After the filing of a complaint and the first court appearance, the prosecutor’s office will determine whether to pursue a criminal complaint and evaluate the merit and evidence in the case. In the case of insufficient evidence, the deputy prosecutor may downgrade the charges to disorderly persons offenses and “remand” or send the charges to the Municipal court for a hearing. Alternatively, the deputy prosecutor may choose to dismiss the charges.  

The deputy prosecutor and the defense attorney also can negotiate a plea bargain, in which the defendant serves a reduced sentence in exchange for a guilty plea. A plea bargain also may include dismissing or reducing some criminal charges.  

Another option for resolving a criminal case is for the defendant to enter a Pre-Trial Intervention (PTI) program. This diversionary program allows certain defendants to avoid formal prosecution and a criminal conviction by agreeing to a specific term of supervised community living. This period of supervision often involves counseling or other support. Typically, PTI is available only for first-time non-violent offenders. 

The Indictment Process 

If the criminal complaint is not resolved through the downgrading of charges, dismissal, a plea bargain, or PTI, then the prosecutor will present the case to a grand jury seeking an indictment. A grand jury consists of 23 citizens selected from voter registration lists. The grand jury’s task is to consider evidence that the prosecutor presents and determine whether probable cause exists that the defendant has committed a crime or whether sufficient evidence exists to formally charge the defendant and require them to respond to the charges.  

A grand jury is a secret proceeding during which at least 12 of the 23 grand jurors must find probable cause to support an indictment. An indictment is not a finding of guilt or innocence but merely a finding of sufficient evidence to support further criminal action against the defendant. Only the prosecutor presents evidence to a grand jury. Witnesses may testify on behalf of the prosecution. Neither the defendant nor his attorney typically are present at the grand jury. However, defendants may testify if requested and decide to waive their constitutional right against self-incrimination by testifying. 

If the grand jury returns an indictment or “true bill,” it goes to the Assignment Judge of the county, and the defendant is scheduled for an arraignment in the case. At an arraignment, the defendant enters a guilty or not guilty plea, and the criminal case formally begins. 

However, if a majority of the grand jury finds the evidence insufficient to support an indictment, the grand jury enters a “no bill,” and the charge(s) against the defendant are dismissed. 

Alternatively, the jury may decide to charge the defendant with a less serious offense that the municipal court will hear by downgrading or remanding the charge to a disorderly persons or petty disorderly persons charge.  

Contact Rosenberg, Perry & Associates, LLC for Legal Advice 

We are here to represent your interests when you are facing accusations of having committed a crime. The consequences of a criminal conviction can be severe, so protecting your rights throughout your case can be crucial. Call us at (609) 216-7400 or contact us online to see how we can help.  

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