Many people are unfamiliar with the concept of a grand jury and don’t understand how it works or what its purpose is. The grand jury plays a crucial role in many New Jersey criminal proceedings, and our lawyers can explain that role when we handle your case.
The grand jury’s role is to review witnesses and evidence presented by the prosecution and decide whether there is probable cause to issue an indictment. The defense is not present during grand jury proceedings, and neither is the judge. Grand juries are required for all indictable offenses in New Jersey, and at least 12 jurors must agree that there is probable cause to issue an indictment. If the grand jury doesn’t indict a defendant, the prosecution cannot prosecute you for that specific crime.
Get a free case evaluation from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych today at (609) 616-4956.
What is the Grand Jury’s Role in New Jersey Criminal Prosecutions?
Before prosecuting a defendant in criminal court, New Jersey prosecutors often have to convene a grand jury. This can be a confusing and unfamiliar concept to defendants, especially if this is the first time they have been arrested for a high-level offense.
Review the Prosecution’s Evidence
The purpose of a grand jury proceeding is to determine whether or not the prosecution has enough evidence to prosecute a specific person. A grand jury is made up of 23 New Jersey residents, and its proceedings are held in private, unlike most criminal trials, which are public and have juries of 12.
In New Jersey, grand juries do not need unanimous decisions to indict defendants, and prosecutors may continue with the charges if just 12 jurors agree there is sufficient probable cause.
Decide if There is Probable Cause
After listening to witnesses, asking them questions, and reviewing all the evidence the state has compiled so far, the grand jury will decide whether there is probable cause to believe the crime occurred and that the specific defendant was involved.
What is Not Part of the Grand Jury’s Role in New Jersey Criminal Prosecutions?
In addition to knowing the purpose of the grand jury, it’s also important to know the extent of the grand jury’s role in your criminal case and what these jurors do not have any say in.
Different Jury than Trial Jury
After a grand jury issues an indictment, those jurors’ work is done. The same jurors who served on the grand jury for a specific case may not also serve on the jury for the criminal trial, as they have already evaluated much of the prosecution’s evidence and may have formed opinions about the case.
Grand Jury Doesn’t Find People Guilty
The grand jury has no say in the verdict at trial, either. That responsibility falls to the jurors assigned to the trial, and has nothing to do with the grand jury proceedings that took place before your criminal trial.
What is the Prosecution’s Role During Grand Jury Proceedings?
Defendants and their attorneys cannot be present during grand jury proceedings. We can explain what happens during the proceedings and the prosecution’s role, since you will not be there as the defendant to witness them yourself.
Leading Proceedings in Court
There is no judge present during grand jury proceedings, and it’s the prosecutor’s role to lead these proceedings in court. The prosecution may subpoena witnesses to testify before the grand jury and introduce physical evidence or documents for jurors to consider when making their decision.
Absent During Grand Jury Deliberations
The prosecution has no role in the grand jury’s decision-making process and may not be present when jurors discuss a case and decide the outcome.
What is the Defendant’s Role During Grand Jury Proceedings?
Grand jury proceedings decide whether or not you can be officially prosecuted for a serious criminal offense in New Jersey. They are immensely important proceedings in which defendants have no active role, which can be frustrating for those with their future on the line.
As the defendant, you and your attorney may not be present during grand jury proceedings. You won’t know what happened during a grand jury until it concludes and an indictment is issued or not. If the grand jury’s decision is “no bill,” there will be no indictment, and the prosecution may proceed with the charges. The prosecution can reconvene a grand jury to seek an indictment in the future if the statute of limitations has not expired and more evidence has been discovered.
Grand jury proceedings are very one-sided. Jurors only listen to information from the prosecution to make their decision and do not consider any arguments or evidence from the defense.
When Are Grand Juries Required in New Jersey Criminal Prosecutions?
Grand juries are only required for certain criminal offenses, and you should know whether one needs to convene before you can be officially prosecuted for a crime in New Jersey.
Crimes a Grand Jury is Required For
Grand juries are required for all indictable offenses in New Jersey, including all fourth-, third-, second-, and first-degree crimes, which are comparable to felonies in other states.
Grand juries are not required for disorderly persons offenses or traffic violations.
Grand Jury Indictment Can Be Waived
Defendants can technically waive their right to grand jury proceedings, but shouldn’t do so without discussing it with our Atlantic City, NJ criminal defense lawyers. If you waive this right, the prosecution might proceed with charging you immediately, whereas the grand jury might have disagreed and decided there was not enough probable cause to indict.
Grand Juries Are for Serious Crimes
If you are arrested and grand jury proceedings are required for the formal indictment, the charges are most likely serious, and you shouldn’t face them without the support of an experienced and skilled attorney.
Get Help with Your Criminal Case from Our New Jersey Defense Attorneys
Discuss your case for free with Ocean City, NJ criminal defense lawyers when you call the Law Offices of John J. Zarych at (609) 616-4956.
