NJ Grand Jury Overview

NJ Grand Jury Overview

If you’re caught up in a criminal investigation in New Jersey, you may have to contend with the grand jury process. Grand juries have significant powers that can lead to indictments and charges. Understanding how they work in NJ is crucial for anyone potentially facing prosecution.

What is a Grand Jury?

A grand jury is a group of citizens who examine evidence presented by prosecutors to determine whether charges should be filed in a criminal case[1]. They have subpoena power and hear testimony from witnesses.

In NJ, a statewide grand jury investigates cases involving official misconduct, organized crime, and other complex matters. County grand juries also exist to handle local criminal probes.

Grand Jury Composition in NJ

Here are some key details on grand jury makeup in New Jersey[1][2]:

• 23 grand jurors serve on the statewide grand jury.
• Between 16-23 jurors sit on county grand juries.
• Jurors are randomly selected from driver’s license and voter records.
• They serve for up to 24 months on the statewide jury.
• County grand jury terms are shorter, often just 3-6 months.

Grand jurors take an oath of secrecy and meet in closed sessions to hear cases. Their identities are not made public.

Grand Jury Proceedings in NJ

During grand jury proceedings in New Jersey[3]:

• Prosecutors present witnesses and evidence.
• The jurors can question witnesses directly.
• Defendants and their lawyers cannot be present.
• Hearings are conducted in secret.
• 12 votes are needed to indict on a charge.

Grand jury sessions allow prosecutors to develop charges through a one-sided presentation of their case theory and evidence.

Being Called to Testify

If prosecutors want to question you before the grand jury, you may be subpoenaed to testify. Some key rights to remember include[3]:

• The right to remain silent under the 5th Amendment.
• The right to consult with an attorney beforehand.
• The right to request transcripts later if indicted.
• No right to present your own evidence or witnesses.

Refusing to answer questions cannot be held against you. But prosecutors may still seek an indictment from other evidence.

Getting Indicted

If the grand jury indicts you, the charges will be formally filed. You will then face further court proceedings like[4]:

• An arraignment to enter a plea.
• Motions to access grand jury transcripts.
• Motions to dismiss the indictment.
• Negotiating a plea deal with prosecutors.
• Going to trial before a petit jury.

While getting indicted is serious, it does not necessarily mean you will be convicted. You still have trial rights and defenses.

Challenging an Indictment

There are limited grounds to challenge a grand jury indictment in NJ[5]:

• Prosecutorial or juror misconduct influenced the process.
• Exculpatory evidence was improperly withheld.
• Patently inadequate evidence to support the charges.
• Critical procedural errors violated your rights.

Motions to dismiss an indictment are rarely granted but may succeed in exceptional cases with major defects.

Grand Jury Secrecy

Grand jury confidentiality is tightly protected in NJ[1]:

• Sessions are closed to the public.
• Jurors swear an oath of secrecy.
• Participants can face charges for leaks.
• Records remain sealed unless charges are filed.
• An order is required to access transcripts.

This secrecy facilitates candid witness testimony and protects reputations if no indictment results.

Criticisms of Grand Juries

While enshrined in law, grand juries have drawn criticism on some fronts[6]:

• One-sided process favoring prosecutors.
• Secrecy lacks transparency and accountability.
• Jurors denied information needed to assess credibility.
• Risk of implicit biases influencing decisions.
• Indictments based on inadequate evidence.

Reforms have been proposed but grand jury powers remain broad under current NJ law.

Consult an Attorney if Facing Grand Jury

Dealing with a grand jury investigation is difficult without experienced legal counsel. If you may be called to testify or are facing potential indictment, consult a criminal defense attorney immediately.

An attorney can advise on your rights, review your options, and start building a defense strategy. Navigating the grand jury process requires expertise – don’t go it alone.