NJ Rights of The Accused at Grand Jury

NJ Rights of the Accused at Grand Jury

In New Jersey, the grand jury plays a critical role in determining whether criminal charges will proceed to trial. While not a trial itself, the grand jury process has huge implications for those accused of crimes. Understanding your rights during grand jury proceedings is essential.

This article provides an overview of key topics related to the rights of the accused when facing a New Jersey grand jury. We’ll cover the grand jury’s purpose, procedures, defendant testimony, legal counsel, secrecy, and more. Knowing what to expect can help secure the best outcome.

What is a Grand Jury in New Jersey?

A grand jury is a panel of citizens who hear evidence about alleged crimes to decide if charges should be filed. There are regular county grand juries as well as a statewide grand jury^[1]. Their role is to:

• Determine if there is probable cause a crime occurred
• Decide if an indictment with formal charges should be issued
• Protect against unfounded prosecutions

If the grand jury indicts, the case proceeds to trial. No indictment means no further prosecution.

Grand Jury Procedures in New Jersey

Grand jury procedures in New Jersey include^[2]:

• 15-23 grand jurors selected from the community
• Jurors hear testimony from prosecutors and witnesses
• Hearings are ex parte – no judge or defense counsel
• Prosecutors present evidence seeking an indictment
• A majority vote is needed to indict on criminal charges

Grand jury proceedings are thus weighted heavily in favor of the prosecution when deciding whether to indict.

Does the Accused Testify at Grand Jury?

Defendants have no right to testify before the grand jury in New Jersey. The hearings are entirely under the control of the prosecutor^[3].

Reasons prosecutors may permit accused testimony include^[4]:

• To argue lack of probable cause
• To impeach witness credibility
• To allege prosecutorial misconduct
• To present exculpatory evidence

However, such testimony is rare and entirely discretionary. The defendant has no ability to present their side otherwise.

Can You Have a Lawyer at Grand Jury?

There is no right to have defense counsel present at grand jury in New Jersey. As ex parte hearings, only the prosecutor may attend^[2].

However, consulting an attorney is highly advisable to^[5]:

• Seek to testify or provide evidence
• Allege prosecutorial misconduct
• Advocate for dismissal of unfounded charges
• Negotiate a plea deal

While unable to participate directly, an attorney can indirectly influence the grand jury’s decision in important ways.

Grand Jury Secrecy Protections

Grand jury proceedings are meant to be kept secret under N.J.S.A. 2B:21-2^[6]. This secrecy:

• Encourages witness cooperation
• Protects reputations if no indictment
• Prevents flight by potential defendants
• Upholds the integrity of the process

However, defendants have the right to grand jury transcripts if indicted. This may help uncover deficiencies to overturn the charges.

Challenging a Grand Jury Indictment

While rare, New Jersey defendants can seek dismissal of their indictment based on grand jury errors or misconduct. Grounds may include:

• Failure to present exculpatory evidence
• Presentation of inadmissible evidence
• Prosecutorial misconduct
• Insufficient or incompetent evidence
• Errors in jury instructions

However, courts generally presume the grand jury acted properly absent concrete evidence to the contrary.

bypassing the Grand Jury with Criminal Complaint

In some cases, prosecutors may initiate charges through a criminal complaint rather than grand jury indictment. Reasons include:

• To avoid grand jury delays
• For relatively minor offenses
• When the defendant waives grand jury
• If the defendant confesses

However, felonies generally must proceed by indictment. Waiving grand jury should only be done on counsel’s advice.

Plea Bargaining After a Grand Jury Indictment

Many cases result in a plea deal even after a grand jury indictment. Agreeing to plead guilty often secures a better outcome than risking trial.

Typical benefits of plea bargaining include:

• Dropped or reduced charges
• Lighter sentencing recommendations
• Avoiding trial and associated costs/stress

An experienced criminal defense attorney can advise if a plea agreement is advantageous after indictment.

Key Takeaways

Facing a grand jury investigation is stressful. While the accused has limited rights in the process, working with counsel experienced in New Jersey criminal law is critical.

An attorney can help craft the best strategy to either avoid indictment or seek dismissal of charges after the fact. They can also negotiate plea bargains or prepare to defend vigorously at trial if indicted.

Don’t go through a grand jury investigation alone. Consult a qualified defense lawyer to protect your rights at this critical stage.

^[1] https://www.njcourts.gov/new-jersey-state-grand-jury [return]
²
https://www.foxrothschild.com/publications/njs-unconstitutional-experiment-with-virtual-grand-juries-should-end-immediately [return]

³
https://www.breslowlaw.com/blog/grand-jury-proceedings-in-nj [return]

⁴
https://www.breslowlaw.com/blog/grand-jury-proceedings-in-nj [return]

⁵
https://www.breslowlaw.com/blog/grand-jury-proceedings-in-nj [return]

⁶
https://law.justia.com/codes/new-jersey/2014/title-2b/section-2b-21-2/ [return]
https://www.avvo.com/legal-guides/ugc/how-to-get-a-grand-jury-indictment-dismissed [return]
https://www.njlaws.com/grand_jury.html [return]
https://www.avvo.com/legal-guides/ugc/plea-bargaining-after-a-grand-jury-indictment [return]