A New Jersey defendant charged with an indictable offense (also known as a “felony”) has a Constitutional right to have his case presented to a Grand Jury. A grand jury consists of between 16 to 23 randomly selected individuals whose job is threefold: to investigate crimes; to charge individuals with crimes via an indictment, or not ; or to issue its findings in a public document. Robert J. Kipnees, Esq., Criminal Trial Preparation, NJICLE Practical Skills Series, 45 (1997).
Grand jury proceedings are closed, with all members required to take an oath of secrecy. Interestingly, no judge is present and the Prosecutor has extremely wide latitude in what evidence they present. The prosecutor also serves as a legal advisor to the grand jury, explaining about the admissibility of evidence and proper procedure, as well as giving the applicable law. Id. at 48-49. If the prosecutor has probable cause to believe that the defendant committed an offense, the decision to prosecute or not, as well as the what charges to bring, is within their discretion. Id. However, according to case law the prosecutor must present exculpatory evidence. Id. at 50.
A grand jury may subpoena witnesses and may pursue an anonymous charge or a rumor. Id. Anyone subpoened must appear to testify or produce documents, as the case may be. Id. at 51. However, if an individual is the target of a grand jury investigation, they may assert their Fifth Amendment right against self-incrimination. Id. Other privileges such as attorney-client and spousal/marital may also be asserted. Id. at 52-53.
In order for an indictment to be returned, twelve or more jurors must agree. The standard is whether there is “evidence, which if unexplained or uncontradicted, would carry the case to a jury and justify the conviction of the accused.” Id. at 54 (citation omitted). The indictment must spell out each element of each offense in order to demonstrate that the grand jury in fact considered each element. Id. There must be at least some evidence as to each element. Id.
Surprisingly, the indictment can be based on evidence that would otherwise not be admissible at trial, including hearsay. Id. Furthermore, a second grand jury can be assembled, and a second indictment sought should a no-bill be returned, of if a judge dismisses the original indictment. Id.
If you have been charged with a criminal offense in New Jersey, you need an experienced criminal defense attorney. I have considerable experience in all criminal matters and represent clients across the state.
Please call me immediately for a free consultation at 973-813-7672.
Christopher G. Porreca, Attorney at Law
222 Ridgedale Ave.
Cedar Knolls, NJ 07927
