Understanding Pre-Indictment Conferences: A Guide for Those Charged with a Crime in New Jersey

Have you or someone you know been charged with a crime in New Jersey? If so, you may have heard the terms pre-indictment conference or pick date. The legal system can be confusing, especially for those who have never been through it before. In this blog post, we aim to provide you with a comprehensive guide to pre-indictment conferences in New Jersey.

What Is An Indictment?

First and foremost, it is important to understand what an indictment is. An indictment is a formal accusation that a person has committed a crime. In New Jersey, an indictment is returned by a grand jury, which is made up of 23 individuals. The grand jury hears the prosecution’s case and determines whether or not there is probable cause to move forward with the charges. After January of 2017, pre-indictment conferences are required to be scheduled for anyone who has been charged with a crime. The purpose of these conferences is to bring the parties together as quickly as possible in the hopes of reaching a resolution. However, it is important to note that at the pre-indictment conference, you will not be talking to the prosecutors handling your case. Rather, you will be talking to a prosecutor who is handling cases for other attorneys that day.

It is important to understand that there is no one-size-fits-all approach to pre-indictment conferences. Each case is unique and will be handled as such. During the conference, the prosecutor will likely review the evidence against you and discuss the charges you are facing. They will also listen to any defenses or arguments you have and may even consider plea bargaining if appropriate.

One of the biggest benefits of a pre-indictment conference is that it provides an opportunity to resolve the case without going to trial. This can save you time and money, and can also reduce the stress and uncertainty of going through a trial. However, it is important to remember that the prosecutor’s job is to secure a conviction, so any resolution will likely involve some sort of penalty or conviction. In some cases, the conference may end without a resolution. If this happens, the case will proceed to the grand jury for indictment. However, the pre-indictment conference can still be useful in terms of gaining information about the prosecution’s case and potential defenses.

Each Case Is Unique

At our firm, we know that each case is unique and requires a personalized approach. A perfect example of this was a recent case where our client was charged with possession with intent to distribute heroin.  The offer presented at the initial plea date was completely unreasonable and made it clear that the prosecutors had done little to analyze the evidence or circumstances. After advising our client to reject the offer, we took a careful look at not just the assistant prosecutor, but their supervisor too, knowing that their influences could also come into play. We didn’t want to tip off the prosecutor; we had plans to keep it low key and let the case run its course. A few months down the line, the charges were finally downgraded and we were able to find a solution that did not have our client facing a felony conviction. All of this is to say when it comes to legal matters, a one size fits all approach simply does not work.

If you or someone you know has been charged with a crime in New Jersey, it is important to understand the pre-indictment conference process. While each case is unique, the conference provides an opportunity to reach a resolution without going to trial. However, it is important to remember that the prosecutor’s job is to secure a conviction, so any resolution will likely involve some sort of penalty or conviction. If you have any questions about the pre-indictment conference process, it is important to consult with an experienced criminal defense attorney who can guide you through the process and help protect your rights.