Indictments in Criminal Cases in Superior Court

Compiled by Kenneth A. Vercammen, Co-Chair of ABA Criminal Law Committee, Past Chair
NJ tate Bar !"nicipal Co"rt and #$% ection
&"r office represents people char'ed with criminal offenses. $e pro(ide
representation thro"'ho"t New Jersey. Criminal char'es can cost yo". %f con(icted of a
criminal offense, yo" face prison, hi'h fines, Probation and other penalties. #on)t 'i(e "p*
&"r Law &ffice can pro(ide e+perienced attorney representation for criminal matters. &"r
website www.n,laws.com pro(ides information on criminal offenses we can be retained to
represent people.
-he NJ J"diciary $ebsite has an e+cellent helpf"l definitions of %ndictment and what
happens in criminal cases
http.//www.,"diciary.state.n,."s/criminal/crproc.htm0indictment
-he Criminal #i(ision of "perior Co"rt mana'es criminal complaints from the time they
are lod'ed to their resol"tion or 1disposition1. -he acc"sed, or 1defendant1 is char'ed with an
offense as a res"lt of a formal complaint iss"ed by a law enforcement a'ent or a citi2en who
belie(es an offense has been committed a'ainst their person or property. %t can also res"lt
from an 1indictment1 by a panel of citi2ens 'athered to consider e(idence, called a 1'rand
,"ry1. Arrests can occ"r at the scene of a crime or based on warrants or sworn statements
orderin' a co"rt appearance. All arrests m"st be based on 1probable ca"se1, or reasonable
'ro"nds to belie(e that an offense has been committed, and the defendant may ha(e
committed the offense. Complaints state the reasons for the char'e, and refer to offenses
listed in the 1New Jersey Code of Criminal J"stice1 3-itle 4C5 that incl"des all of the laws
a'ainst criminal beha(ior.
Criminal offenses are heard, or considered in "perior Co"rt, and are more serio"s
than non-criminal char'es heard in m"nicipal co"rts where the offense occ"rred. #efendants
fo"nd '"ilty, or 1con(icted1 of crimes face more serio"s conse6"ences, with p"nishments
spannin' probation s"per(ision and fines to the loss of liberty thro"'h confinement for a year
or more. Crimes are classified by de'ree. #e'rees ran'e from first to fo"rth de'ree offenses.
A 7irst de'ree crime carries the potential penalty of 89-49 years in prison. A econd de'ree
crime carries a potential penalty of :-89 years. #efendants who are con(icted of first and
second de'ree crimes face a pres"mpti(e term of incarceration. %t is ass"med that they will
be sentenced to ser(e time in prison. A -hird de'ree crime may res"lt in ;-: years if
con(icted, while 7o"rth de'ree crimes carry a potential penalty of "p to 8< months in ,ail.
-here is a pres"mption of non-c"stodial sentences on ;rd and =th de'ree offenses.
Complaints heard in m"nicipal co"rts are 1disorderly persons1 offenses or 1petty
disorderly persons1 (iolations, which carry less restricti(e p"nishments "pon con(iction.
#isorderly persons offenses may be sentenced to "p to > months in a co"nty ,ail. Petty
disorderly con(ictions may render "p to ;9 days in ,ail.

First Appearance

&nce a complaint is iss"ed, defendants are either arrested or iss"ed a s"mmons or
notice to appear in m"nicipal or "perior Co"rt on a first appearance. %f they fail to appear, a
warrant may be iss"ed for the acc"sed)s arrest by a ,"d'e if there is proof of ser(ice, or
e(idence that the acc"sed recei(ed the s"mmons or notice and failed to appear. At the first
co"rt appearance, defendants are ad(ised of their ri'hts. -heir bail is re(iewed.
Hiring the Attorney/ Counsel

At their first appearance defendants are ad(ised of their ri'ht to co"nsel. -his means
that they are entitled to ha(e an attorney represent them and answer the char'es. ?@nder
re(ised co"rt r"les, if someone hires a pri(ate attorney and the attorney sends a formal
Letter of Aepresentation to the Co"rt, the co"rt can wai(e the initial appearance so the
person does not ha(e to waste a trip to the co"rt.B
Pre-Indictment Events
7ollowin' the filin' of a complaint and the first co"rt appearance, the prosec"tor)s
office in each co"nty determines whether to p"rs"e a criminal complaint. Prosec"tors
determine if cases ha(e merit and s"fficient e(idence to p"rs"e a con(iction. %n most
co"nties, the prosec"tor)s Case creenin' @nit re(iews police reports and inter(iews (ictims
and witnesses to determine if the ori'inal char'es will be prosec"ted. %f there is ins"fficient
e(idence, the char'es are down'raded to disorderly persons offenses and 1remanded1 or
sent to the m"nicipal co"rts for a hearin' or dismissed. %n some co"nties, prosec"tors pre-
screen potential "perior Co"rt filin's before a complaint is si'ned.

The Grand ury
%f a criminal case has not been, down'raded, di(erted or dismissed, the prosec"tor will
present the case to a 'rand ,"ry for an indictment. -he 'rand ,"ry is composed of a 'ro"p of
citi2ens who ha(e been selected from (oter re'istration, dri(ers license and ta+ lists. -he
'rand ,"ry considers e(idence presented by the co"nty prosec"tor and determines if there is
s"fficient e(idence to formally char'e defendants and re6"ire them to respond to the
char'e3s5. An indictment is not a findin' of '"ilt. Cenerally, neither the acc"sed nor their
attorneys are present. $itnesses normally testify re'ardin' the crime. After considerin'
e(idence, if a ma,ority of the 4; ,"rors (ote to indict defendants, they m"st face f"rther
criminal proceedin's. -he ret"rn of an indictment is called a tr"e bill. %f a ma,ority finds the
e(idence to be ins"fficient to indict, the 'rand ,"ry enters a no bill and the char'e3s5 are
dismissed. -he ,"ry may, howe(er, decide to char'e defendants with a less serio"s offense,
to be down'raded or remanded to the m"nicipal co"rt. -he acc"sed m"st appear in
m"nicipal co"rt to face a disorderly persons or petty disorderly persons char'e. ?Altho"'h a
person char'ed can re6"est to testify person the 'rand ,"ry, it is "s"ally ne(er ad(isable.B
The Indictment Process
-he 'rand ,"ry will consider e(idence presented by the co"nty prosec"tor and
determine if there is s"fficient e(idence to formally char'e the defendant and obli'e him to
respond to the char'e3s5. -he indictment is not a findin' of '"ilt or a con(iction.
-he findin' is a tr"e bill that tri''ers f"rther proceedin's in the Criminal "perior
Co"rt. %f a ma,ority finds the e(idence to be ins"fficient to indict, the 'rand ,"ry enters a no bill
and the char'e3s5 are dismissed. -he ,"ry may, howe(er, decide to char'e the defendant
with a less serio"s offense, to be heard in m"nicipal co"rt. %n this instance, the offense has
been down'raded or remanded. -he acc"sed m"st appear in m"nicipal co"rt to face a
disorderly persons or petty disorderly persons char'e.
The Pre-Arraignment Con!erence and The Arraignment
$ithin twenty-one days of the ret"rn of an indictment, a pre-arrai'nment conference is
held. -his pre-arrai'nment conference is sched"led by Criminal #i(ision taff.
#isco(ery or e(idence is a(ailable to defense co"nsel. -his e+chan'e of e(idence
pro(ides the defense with an opport"nity to re(iew the e(idence the prosec"tion intends to
"se a'ainst the acc"sed. After re(iewin' the disco(ery pro(ided at the pre arrai'nment
conference, defendants may decide to apply for Pretrial %nter(ention if eli'ible, or to enter
plea bar'ain ne'otiations. #efendants may also opt to apply for the Pretrial %nter(ention
pro'ram at this ,"nct"re, or be admitted into the pro'ram if they ha(e not applied prior to
arrai'nment.
Arraignment/Status Con!erence Standards
A formal arrai'nment occ"rs no later than :9 days after an indictment. @pon
notification by the Criminal #i(ision, defendants m"st appear and face formal notification of
their char'es. -hey may plead '"ilty at this point, either to the char'es listed in the
indictment, or to re(ised char'es res"ltin' from plea ne'otiations. %f plea ne'otiations are
on'oin', the parties may re(iew the stat"s of the plea offer.
tat"s Conferences and the Pretrial Conference

#efendants who ha(e pleaded not '"ilty at this point may contin"e plea ne'otiations
or preparation for trial. Pretrial case resol"tions may occ"r at a stat"s conference, where a
defendant may decide to enter a '"ilty plea with or witho"t a ne'otiated plea bar'ain.
At Pretrial Conferences, defendants may enter a '"ilty plea to the char'es. At the
Pretrial Conference, there is a plea c"toff date, after which no f"rther plea ne'otiations can
occ"r. %f no a'reement to plead '"ilty is reached, the matter will proceed to trial. Criminal
#i(ision staff tracD conferences to ens"re that cases are mo(in' witho"t "nd"e delays. -he
Administrati(e &ffice of the Co"rts e(al"ates statistics entered by Criminal #i(ision staff in
each criminal co"rt to stay abreast of o(erall case mo(ements statewide. -he Criminal
Practice #i(ision assists local co"rt staff to address bacDlo's if they sho"ld occ"r.
%f a '"ilty plea is entered, Criminal #i(ision ,"d'es order a presentence in(esti'ation to
be cond"cted by Criminal #i(ision case s"per(isors. entencin' will follow the presentence
in(esti'ation, 'enerally = to > weeDs after the plea.
Concl"sion
%t is well established that the prosec"tion of a defendant is a criminal proceedin'. %n
s"ch a proceedin' the b"rden of proof is "pon the state to establish all elements of the
offense beyond a reasonable do"bt. #efense co"nsel m"st s"bpoena its necessary
witnesses and prepare for trial. Ne(er attempt to represent yo"rself if yo" are facin' serio"s
char'es.
Criminal offenses carry s"bstantial penalties which will effect yo" for the rest of yo"r
life. -he space limits of this article do not allow detailed e+planation of the e+tensi(e caselaw
on criminal offenses. &ther defenses are e+plained in 'reater details in other articles on
www.n,laws.com.

Call Kenneth Vercammen for a confidential cons"ltation.