In New Jersey, while most people are familiar with trial juries, the role of a grand jury in criminal investigation is often less understood. Unlike the public proceedings of a trial, a grand jury convenes privately to assess whether sufficient evidence exists to issue an indictment and move forward with a criminal case. Grasping this pivotal stage of the legal process is essential, as is acknowledging the vital importance of engaging a Bergen County Criminal Defense Lawyer to protect your rights.
What Happens During a Grand Jury Proceeding in NJ?
First and foremost, it’s crucial to understand that a grand jury is a panel of citizens tasked with determining if there is sufficient probable cause to formally charge a defendant with an indictable offense after hearing evidence presented by the prosecutor. The grand jury’s decision to indict means that the case will proceed to an arraignment and eventual trial. However, it’s not a finding of guilt. These proceedings are handled discreetly, and neither the defendant nor their attorney is typically present.
The prosecutor’s primary role during this process is to present evidence and witness testimony aimed at persuading the grand jury to issue an indictment against the defendant. It should be noted that the defendant’s perspective is not presented at this stage. Grand jury proceedings are kept confidential. An indictment, also known as a “true bill,” signifies that the grand jury believes there is sufficient evidence to warrant a trial. It does not necessarily indicate guilt.
What Happens if the Jury Declines to Indict a Defendant?
If the grand jury determines there is inadequate evidence to indict a defendant, it can issue a “no bill,” resulting in the dismissal of criminal charges. Nevertheless, grand juries have the authority to indict a defendant on a lesser charge, which would be transferred to a municipal court for further proceedings. For an indictment to be issued, a minimum of 12 votes from the 23 grand jurors is required. It should be noted that if new evidence emerges, the prosecution may pursue charges in the future.
What Rights Do Defendants Have During This Process?
During a grand jury investigation, the accused doesn’t possess the right to be present or confront witnesses. However, they are allowed to submit written statements or request to testify voluntarily. Their primary rights include the privilege against self-incrimination. If called as a witness during this stage, a defendant can exercise their right to remain silent under the Fifth Amendment of the U.S. Constitution. An attorney can help determine whether testifying will help or hurt your case.
Although defense counsel is not permitted to be in the grand jury room or question witnesses, they can help you make informed decisions throughout the process. Grand jury proceedings are not adversarial. However, an attorney can preserve future legal defenses by challenging improper evidence or prosecutorial bias.
For guidance and skilled representation during a grand jury investigation, it’s in your best interest to contact an experienced attorney at The Law Office of Carl Spector. Connect with our firm today to schedule a consultation.