FEDERAL CRIMINAL LAWYERS

NJ Grand Jury Investigations

The process of determining whether to formally charge an individual with a crime is an undertaking the New Jersey justice system does not take lightly. One tool state prosecutors have at their disposal are grand juries.

The Spodek Law Group invites interested parties to learn what a grand jury is, said entity’s responsibilities and the process by how these judicial bodies operate.

Grand Jury Overview

A grand jury is a collection of citizens chosen to help a prosecutor and their team decide if enough evidence exists to formally charge a alleged perpetrator of an indictable offense.

Choosing Grand Jury Members

Much like jury trial selection, prospective grand jury members are selected from records such voter registration, motor vehicle data, and other forms of public information.

How Many Grand Jurors Hear A Case?

In New Jersey, grand juries are typically comprised of 23 members.

Requirements

Potential jurors must be at least 18 and possess the capacity to speak, write, and understand English.

The Grand Jury Process

The grand jury process is far less stringent than numerous other legal proceedings, particularly jury trials. Grand juries do often occur in courtroom settings. Typically, however, no judge is present. Moreover, neither the alleged defendant nor said subject’s legal representation are present.

Once the assemblage is established, the prosecutor and said legal professional’s staff will explain key aspects of the law and the case in question to grand jury members. Usually, grand juries are employed for more serious offenses including major theft, violent crimes, and various drug charges.

Unlike trial juries, grand jurors have access to and are often invited to review any bit of evidence or pertinent information prosecutors maintain carries some type of weight or value.

That said, one major difference between trials and grand jury proceedings is anonymity. Grand juries are conducted in secrecy. Usually, each and every grand jury participant including jurors, prosecutors, or any other officials present swear an oath of secrecy.

Anonymity is necessary for certain notable reasons. First, confidentiality protects jurors from public scrutiny or possible retribution from vengeful defendants or their associates. Furthermore, said actions safeguard the good name of accused parties grand juries or prosecutors decide not to indict.

Once the prosecutor presents their case and displays all pertinent materials, the grand jury deliberates the defendant’s fate. Said judicial bodies are not required to reach a unanimous conclusion.

However, a majority, which means at the very least, 12 members must favor the notion of indicting the defendant in question to establish what is known as True Bill. In essence, True Bill means the Grand Jury has concluded there is enough evidence for prosecutors to formulate a legitimate argument and bring the case to trial.

Grand Jury Service Length

Proceedings might last for several months. That said, grand jurors are typically only required to appear in court a few days per month. This is another major difference from a trial jury, whose members are required to appear daily until said event has been completed.

Are Grand Jury Decisions Final?

In many instances, prosecutors will follow a grand jury’s lead and proceed in accordance with said body’s decision. However, the adjudicating body’s decision is not etched in stone. Prosecutors still possess the legal authority to pursue formal indictments against a particular defendant if they feel evidence is strong or the grand jury erred.

Intended Benefits

Many legal professionals maintain that grand juries often expedite the trial process. Some states do not hold grand jury proceedings. However, in such instances, preliminary hearings occur. These events are typically far more in-depth and time-consuming.

However, grand juries often eliminate the need for preliminary hearings, which means the prosecutor can take the case to trial immediately after juries returned favorable verdicts.

The Defendant’s Rights

Grand juries are created strictly for a prosecutor’s benefit. Said proceedings could place the accused individual at a decided disadvantage. Therefore, prospective defendants are highly encouraged to contact an experienced criminal defense attorney before a grand jury is given the opportunity to hear the prosecutor’s case. Said legal professionals might be able to get associated charges reduced or the case dismissed altogether.

For more information about Spodek Law Group, please visit www.njcriminalattorneys.com.