NJ Issuance of Indictment or No Bill

NJ Issuance of Indictment or No Bill

In New Jersey, prosecutors generally need an indictment from a grand jury to pursue felony criminal charges against you. But what happens if the grand jury declines to indict and issues a no bill instead? Understanding the secrets of the grand jury process can impact your case strategy.

What is a Grand Jury in New Jersey?

A grand jury is a panel of 16-23 citizens who hear evidence presented by prosecutors and decide whether it is sufficient to formally charge someone with a crime. Grand juries operate in secrecy and have special investigative powers.

For felony charges, prosecutors must convince 12+ grand jurors to vote in favor of an indictment specifying the charges. Anything less than 12 votes results in a no bill.

Requirements for Grand Jury Indictment in NJ

To secure indictment on a proposed charge, prosecutors must present evidence establishing:

• Probable cause the defendant committed the crime
• The defendant had a culpable mental state required by the offense
• The court has jurisdiction over the defendant and alleged crime

This is a lower standard than proof “beyond a reasonable doubt” required at trial. But prosecutors still need credible evidence to persuade the grand jury.

What is a No Bill from the Grand Jury?

If fewer than 12 grand jurors vote to indict after hearing the prosecutor’s presentation, a no bill issues. This means the grand jury declined to authorize criminal charges.

Common reasons for a no bill include:

• Weak or contradictory evidence
• Credibility problems with witnesses
• Exculpatory evidence favoring the accused
• Overcharged or inappropriate criminal allegations

A no bill spares the accused from having to defend against criminal charges, at least for the time being.

Can Prosecutors Re-Present the Case After a No Bill?

Under N.J.S.A. 2B:17-5, prosecutors can present the same case again to a different grand jury panel. There is no limit on how many times they can re-present after a no bill.

To obtain an indictment after a no bill, prosecutors typically need:

• Stronger evidence
• Additional investigation
• Better case presentation

But continued re-presentments despite repeated no bills may draw judicial scrutiny and demands to stop harassing the accused.

Does a No Bill Prevent Future Prosecution?

A no bill does not provide permanent immunity from prosecution. Prosecutors remain free to re-present the case or even file charges by accusation if you waive indictment.

However, as a practical matter, prosecutors with weak cases often abandon charges after one or more grand juries decline to indict.

Secrecy of Grand Jury Proceedings in New Jersey

Grand jury proceedings are strictly secret under N.J.S.A. 2B:21-5. The only people allowed are prosecutors, witnesses, interpreters, and the grand jurors themselves.

The accused and their attorney are prohibited from attending. This one-sided process is designed to protect witnesses and encourage candid testimony.

Defense Strategies After a No Bill

If you learn charges were no billed, smart defense strategies include:

• Seeking meeting with prosecutors to prevent re-presentment
• Interviewing any known witnesses for helpful testimony
• Preserving evidence and witness statements
• Filing motions to block re-prosecution on same charges

An experienced criminal defense attorney can take full advantage of a no bill to discourage further prosecution.

No Bills on Some Charges but Indictment on Others

Prosecutors will sometimes get a no bill on certain charges while securing indictment on related counts. For example, you could face indictment for possession but no bill on intent to distribute charges.

Your attorney can then emphasize to prosecutors and the court that even the grand jury did not find evidence for the most serious allegations.

Seeking Grand Jury Transcripts After a No Bill

Defense lawyers are not allowed access to grand jury transcripts under N.J.S.A. 2B:17-7. However, after a no bill, they may petition the court to unseal limited records needed to prevent improper re-prosecution.

Any transcripts released cannot disclose witness identities or testimony.

No Bills Are Not the Same as Acquittal

While a no bill spares you from immediate prosecution, it is not the same as an acquittal at trial. You can still face charges down the road on the same allegations if prosecutors persist.

However, as a practical matter, a no bill often indicates prosecutors lack confidence in the case and will not pursue charges further without new evidence.

Consult Your Lawyer if Charges are No Billed

While a no bill provides temporary relief, you still need to engage an experienced criminal defense attorney to take full advantage. A knowledgeable lawyer can use the grand jury’s rejection to block re-prosecution and fully clear your name.