NJ Procedures in Grand Jury

NJ Procedures in Grand Jury

If you’re the target of a criminal investigation in New Jersey, you may find yourself facing a grand jury. Understanding how grand juries operate and your rights during the process is critical.

In this article, we’ll cover:

• The role and makeup of NJ grand juries
• Step-by-step grand jury procedures
• Defense strategies during a grand jury investigation
• Challenging a grand jury indictment

Having an experienced criminal defense attorney can help safeguard your rights if you’re called before a grand jury. Let’s take a closer look.

The Role of the Grand Jury in New Jersey

A grand jury is a panel of citizens that reviews evidence presented by prosecutors to determine if criminal charges are warranted. They have the power to issue subpoenas and compel testimony.

In New Jersey, state grand juries have 23 members and sit for up to 24 months. Federal grand juries have 16-23 members and sit for up to 18 months. Twelve jurors must vote in favor to return an indictment.

Prosecutors use grand juries to gather evidence through testimony and documents. But defense attorneys cannot participate to cross-examine witnesses or present counter-evidence.

Step-by-Step Overview of Grand Jury Procedures in NJ

Here is how the grand jury process typically unfolds:

1. Prosecutors initiate a grand jury investigation into potential crimes.
2. The grand jury issues subpoenas demanding documents, physical evidence, and witness testimony.
3. Witnesses are compelled to appear and testify under oath without a lawyer present.
4. After hearing all the evidence, the grand jury votes on whether to issue an indictment.
5. If they vote to indict, prosecutors will proceed with formal criminal charges against the accused.

Grand jury proceedings are conducted in secret. The accused and their attorney are not permitted to attend hearings or view transcripts unless testifying.

Defense Strategies for Grand Jury Investigations

If you’re the target of a grand jury probe, possible defense strategies include:

• File a motion to quash improper subpoenas.
• Assert your Fifth Amendment rights if compelled to testify.
• Raise procedural objections to invalidate the grand jury.
• Work cooperatively with prosecutors to avoid charges.

Having an attorney helps ensure you don’t accidentally waive your rights when dealing with an aggressive grand jury investigation.

Challenging a Grand Jury Indictment

If you’re indicted, your attorney can file a motion to dismiss the charges by raising issues like:

• Violations of your right against self-incrimination
• Prosecutorial misconduct before the grand jury
• Lack of evidence establishing probable cause
• Improperly obtained or unreliable evidence

While challenging an indictment is difficult, an experienced lawyer may be able to get charges dismissed or leverage weaknesses to negotiate a better plea deal.

Get Help from a NJ Grand Jury Defense Lawyer

Dealing with a New Jersey grand jury investigation is daunting. But having an aggressive criminal defense lawyer can help protect your rights.

Be sure to hire an attorney experienced with NJ grand jury procedures. They can advise you at every stage and fight to prevent or defeat an indictment.

Don’t go it alone against the powerful resources of state or federal prosecutors. The stakes are too high. Contact a knowledgeable grand jury defense attorney today.

References

Gambone Law. (n.d.). The New Jersey Grand Jury and Indictment Process. Retrieved from GamboneLaw.com.

New Jersey Courts. (n.d.). Grand Jury. Retrieved from NJCourts.gov.

Justia. (n.d.). How Federal Grand Juries Work. Retrieved from Justia.com.

Mets Schiro & McGovern LLP. (n.d.). Grand Jury Target Rights. Retrieved from msmlaw.com.

Lawyers.com. (n.d.). Subpoenaed as a Grand Jury Witness. Retrieved from Lawyers.com.