If you are facing serious criminal charges in New Jersey, you may hear the term “grand jury.” The grand jury plays a critical, often misunderstood, role in the New Jersey criminal justice system. Unlike the trial jury you see in movies, a grand jury does not determine guilt or innocence. Instead, its primary function is to decide if there is enough evidence to formally charge someone with an indictable crime (felony) and proceed to trial.

Brett M. Rosen, Esq., we believe that understanding every phase of the criminal process is vital for our clients. Our experienced criminal defense team guides individuals through the complexities of the New Jersey legal system, including grand jury proceedings, to protect their rights and futures.

What is a Grand Jury in New Jersey?

In New Jersey, a grand jury consists of 23 citizens who serve for a period of time (typically several months). Their mission is to hear evidence presented by a prosecutor and determine whether there is “probable cause” to believe that a crime has been committed and that the accused person committed it.

• Probable Cause Standard: This is a much lower legal standard than “beyond a reasonable doubt,” which is required for a conviction at trial. It essentially means there’s a reasonable basis to believe a crime occurred and the suspect is involved.

• Secrecy: Grand jury proceedings are confidential and held in secret. This secrecy is intended to protect the reputation of individuals who are not indicted, prevent flight of persons who may be indicted, and ensure the truthful testimony of witnesses without intimidation.

Grand Jury vs. Trial (Petit) Jury: What’s the Difference?

It’s common to confuse a grand jury with a trial jury, but their roles are distinct:

• Grand Jury:

  • Purpose: Determines if there’s enough evidence for an indictment (to formally charge).

  • Members: 23 citizens.

  • Outcome: Issues an indictment (“True Bill”) or no indictment (“No Bill”).

  • Defense Presence: No defense attorney present, and the defendant typically does not testify unless subpoenaed and waives their Fifth Amendment rights.

• Trial (Petit) Jury:

  • Purpose: Determines guilt or innocence beyond a reasonable doubt.

  • Members: 12 citizens (for most criminal trials).

  • Outcome: Renders a verdict (guilty or not guilty).

  • Defense Presence: Both prosecution and defense attorneys present; defendant has the right to testify or remain silent.

The Grand Jury Process in New Jersey Criminal Cases

1. Prosecutor Presents Evidence: The prosecutor presents evidence, including witness testimony (often law enforcement officers), documents, and physical evidence. They are seeking an indictment.

2. Witness Testimony: Witnesses may be called to testify. They typically appear without an attorney in the grand jury room, though they may consult with an attorney outside.

3. Defendant’s Right to Testify (Rare): A defendant has the right to appear before a grand jury if they sign a waiver of immunity (meaning their testimony can be used against them). This is a complex strategic decision that should only be made with experienced legal counsel.

4. Grand Jurors Question Witnesses: The grand jurors may ask questions of the witnesses.

5. Deliberation and Vote: After hearing the evidence, the grand jurors deliberate in private and vote on whether to issue a “True Bill” (indictment). At least 12 of the 23 jurors must vote for an indictment.

6. Indictment Issued: If a “True Bill” is issued, the defendant is formally charged, and the case moves forward to Superior Court for trial proceedings. If a “No Bill” is issued, the charges are dismissed (though the prosecutor may be able to present the case to a different grand jury later if new evidence emerges).

The Critical Role of Your Attorney BEFORE the Grand Jury

Even though your attorney typically cannot be present with you inside the grand jury room if you are a witness or the defendant, having experienced legal counsel before the grand jury proceeding is absolutely critical. We can:

• Advise on Testifying: We will advise you on whether testifying before the grand jury is in your best interest, weighing the risks and potential benefits. For most defendants, testifying is not recommended due to the waiver of immunity.

• Negotiate with the Prosecutor: In some cases, we can communicate with the prosecutor to present exculpatory evidence or arguments to the prosecutor that might persuade them not to seek an indictment or to seek a lesser charge.

• Challenge Illegally Obtained Evidence: While not directly in the grand jury, an attorney can lay the groundwork to challenge evidence that was illegally obtained, which could later impact the grand jury’s decision or the case in Superior Court.

• Explore Diversionary Programs: For certain eligible offenses, we might work towards having your case diverted to programs like Pre-Trial Intervention (PTI) before a grand jury indictment is even sought.

Why Choose Brett M. Rosen, Esq. for Your Grand Jury Matter in Union County?

Navigating the grand jury process in Union County, New Jersey, requires a deep understanding of criminal procedure, state law, and the local court system. Brett M. Rosen, Esq. brings:

• Extensive Experience: A comprehensive understanding of New Jersey’s grand jury procedures and criminal statutes.

• Strategic Counsel: The ability to provide critical advice and strategic planning before any grand jury appearance.

• Proactive Defense: We strive to intervene early, often before an indictment, to protect your interests and seek the best possible outcome.

• Local Knowledge: Familiarity with the Union County Prosecutor’s Office and the intricacies of the local judicial process.

Your freedom and future are too important to leave to chance. If you’ve been notified of a grand jury proceeding, or if you suspect you are the subject of an investigation that may lead to one, seeking legal representation immediately is paramount.

Frequently Asked Questions (FAQs) About Grand Juries in New Jersey

1. Will I be arrested immediately if a grand jury indicts me? If you are not already arrested, an indictment typically leads to the issuance of a warrant for your arrest.

2. Can a grand jury hear about my prior criminal record? Generally, no. Rules of evidence are much looser in grand jury proceedings, but prosecutors are typically prohibited from presenting evidence of prior bad acts solely to show a propensity to commit crimes.

3. What if the grand jury votes “No Bill”? If the grand jury votes “No Bill,” it means they found insufficient probable cause, and the charges are dismissed. However, the prosecutor may be able to re-present the case to another grand jury if new evidence emerges.

4. Do I have the right to confront witnesses in a grand jury? No. Grand jury proceedings are not adversarial hearings. You do not have the right to cross-examine witnesses who testify against you.

5. How long does a grand jury investigation take? The length of a grand jury investigation varies widely depending on the complexity of the case. It could be weeks or several months.

Contact Brett M. Rosen, Esq. Today for a Free Consultation

If you are concerned about a grand jury proceeding or are facing criminal charges in Elizabeth, Linden, Union, or anywhere in Union County, New Jersey, contact Brett M. Rosen, Esq. immediately. We offer a free, confidential consultation to discuss your situation, explain your options, and begin building a strategic defense to protect your rights.

908-312-0368

Disclaimer: Past results do not guarantee future outcomes. Every case is unique and depends on its specific facts and circumstances. This is an attorney advertisement.