An indictment does not automatically mean jail time in New Jersey. An indictment is a formal charge issued by a grand jury, not a conviction. These charges carry potential prison sentences upon conviction, but many defendants remain free on bail or pretrial release while awaiting trial.
Adam M. Lustberg, a New Jersey criminal defense attorney, can guide you through every step from arraignment to trial, working to protect your rights and pursue the best possible outcome.
This guide explains what an indictment means in New Jersey, when you might face detention, how the grand jury process works, what happens after indictment, and your options to challenge or resolve charges. If you or a loved one is facing an indictment, contact Lustberg Law Offices, LLC at (201) 880-5311 as early as possible to make a meaningful difference in how your case proceeds.
What Is an Indictment in New Jersey?
An indictment in New Jersey is a formal accusation of a serious crime issued by a grand jury. The grand jury reviews evidence presented by prosecutors and decides whether probable cause exists to charge someone with a crime. This decision does not determine guilt or innocence; it only determines whether the case should proceed to trial in Superior Court.
A grand jury consists of 23 citizens who review evidence in closed proceedings. Only the prosecutor and witnesses appear before the grand jury. Neither the defendant nor their attorney participates at this stage, and no judge is present during the presentation.
If a majority of grand jurors vote in favor, the grand jury returns a “true bill” of indictment. This means formal charges are issued, and the case moves to Superior Court. If they decline to indict, it’s called a “no bill,” and the charges are dropped.
What Is the Purpose of an Indictment?
The indictment serves as a safeguard against unfounded felony accusations. According to New Jersey Court Rule 3:6, it requires citizen jurors to agree that sufficient evidence exists before serious criminal charges proceed to trial.
Indictments are required for indictable offenses in New Jersey, including first-, second-, third-, or fourth-degree crimes. These offenses carry potential prison sentences of at least one year if a person is convicted. Less serious offenses, called disorderly persons offenses, do not require a grand jury review and are handled in Municipal Court.
Does an Indictment Automatically Mean Jail Time?
The grand jury’s decision to indict is separate from decisions about detention. Being indicted simply means you have been formally charged with a serious crime. Many people who are indicted remain free on bail or pretrial release while awaiting trial. The court evaluates risk factors such as the severity of charges, criminal history, and likelihood of appearing for court dates.
If the court determines you are not a flight risk or danger to the community, you may be released with conditions rather than detained.
That said, indictable offenses in New Jersey are serious charges. They include crimes like robbery, aggravated assault, and drug distribution that carry potential prison sentences of at least one year upon conviction. An indictment means your case will move forward through arraignment, pretrial proceedings, and potentially a trial, where the outcome will determine whether you face jail time.
New Jersey Criminal Defense Attorney – Lustberg Law Offices, LLC
Adam M. Lustberg, Esq.
Adam M. Lustberg is an accomplished New Jersey criminal defense attorney who focuses on defending individuals accused of crimes. A graduate of Seton Hall University School of Law, Mr. Lustberg began his career with the Essex County Public Defender’s Office and has since built a reputation for strong courtroom advocacy and strategic defense at every stage of the criminal process.
- Over 14 years of criminal defense experience
- Representation from arraignment through jury trial
- Argued 30+ detention hearings under NJ criminal justice reform
- Admitted to practice in New Jersey and New York
- Recognized by Super Lawyers, Avvo (10/10 rating), and The National Trial Lawyers Top 100
How Does the Felony Indictment Process Work in New Jersey?
The felony indictment process in New Jersey follows several stages from arrest through grand jury proceedings and, if indicted, arraignment in Superior Court. In New Jersey, felony charges follow several stages before and after a grand jury indictment.
Complaint and Initial Charges
Every case starts with an arrest or criminal complaint. For serious offenses, a complaint is filed listing the charges. At your first appearance in court, you are informed of the charges and your rights.
If you’re accused of an indictable offense, the case is set on a track toward a grand jury unless it’s resolved early. Minor offenses stay in Municipal Court, but felony-level charges must be presented to a grand jury for indictment unless resolved through a plea agreement beforehand.
Pre-Indictment Conference (Early Case Resolution)
New Jersey often offers an early resolution stage called a Pre-Indictment Conference (PIC) or Early Disposition Conference. These conferences are commonly used for third- and fourth-degree offenses, which carry potential imprisonment ranging from zero to five years and fines up to $15,000.
During a pre-indictment conference, the prosecutor and defense attorney meet to discuss the case. The prosecutor may offer a plea deal involving reduced charges or sentencing recommendations in exchange for a guilty plea. Accepting such an offer can lead to quicker resolution and potentially lesser penalties.
Pre-indictment conferences are not limited to third- and fourth-degree crimes. However, these less severe offenses are often more suitable for expedited resolution through such conferences.
Grand Jury Proceedings: How an Indictment Works
If the case moves forward, the prosecutor presents evidence to a grand jury. In Bergen County, grand juries convene at the Bergen County Justice Center at 10 Main Street in Hackensack. Prosecutors from the Bergen County Prosecutor’s Office at 2 Bergen County Plaza in Hackensack handle the presentation of evidence.
Grand jury proceedings are closed and one-sided. Only the prosecutor and witnesses appear before the grand jury. Neither the defendant nor their attorney participates, and no judge is present.
The prosecutor summarizes the evidence to convince the jurors that probable cause exists to believe that you committed the crime. After hearing the evidence, the grand jurors vote. They do not need unanimity, as only a majority of the 23 jurors must agree.
There are three possible outcomes:
- True Bill (Indictment): If a majority finds enough evidence, the grand jury returns a true bill, which means an indictment is issued. This formally charges you and allows prosecutors to proceed to trial. A grand jury indictment may sometimes include fewer or lesser charges than the original complaint, depending on what the evidence supports.
- No Bill: If the grand jury does not find probable cause, they return a no bill. This means no indictment is filed and the charges are dismissed. A no bill effectively ends the prosecution for those particular charges.
- Remand/Downgrade: The grand jury can indict on a less serious charge than originally presented. Instead of a felony indictment, the charge may be downgraded to a disorderly persons offense handled in Municipal Court. While not common, this is a possible middle ground if jurors believe a lesser offense occurred.
Key Takeaway: The grand jury does not determine guilt. They only decide whether probable cause exists to formally charge you. The indictment allows the case to proceed to a trial, where guilt or innocence will be determined.
What Happens After a Grand Jury Indictment in New Jersey?
After a true bill is returned, the case moves into the post-indictment phase. Here’s what to expect.
Arraignment in Superior Court
The first proceeding after an indictment is arraignment in Superior Court. In Bergen County, arraignments occur at the Bergen County Justice Center at 10 Main Street in Hackensack. This formal hearing typically occurs about 14 days after the indictment is returned.
At the arraignment, the judge reads the indictment charges to ensure you understand what you’ve been accused of. You are asked to enter a plea to the charges. The judge confirms that you have legal representation.
If you were detained awaiting indictment, the judge may reconsider bail or release conditions now that an indictment has been issued. In some cases, the judge might release you or adjust bail at the arraignment. Conversely, the judge could remand you if the indictment includes more serious charges than initially filed.
The court schedules future dates, including pretrial conferences, motion hearings, and a tentative trial date. The arraignment is usually brief, and you will not present evidence or argue your case yet.
Pre-Trial Motions and Conferences
Following arraignment, your attorney engages in pre-trial activities. Your lawyer may file motions to suppress evidence, dismiss charges, or address procedural issues. These motions can weaken the prosecution’s case or even result in dismissal of charges.
Pre-trial conferences are held with the court and prosecutor to discuss the case status, readiness for trial, and plea negotiations. In New Jersey, courts often set a plea cutoff date at a final pre-trial conference, after which any plea deal is off the table.
Plea bargaining is common during this phase. The prosecutor may offer a reduced charge or recommendation for a lighter sentence if you agree to plead guilty, thus avoiding trial. It’s up to you and your lawyer to weigh such offers.
Many cases resolve via plea agreements during the pre-trial phase rather than going to trial. However, the availability of a plea depends on the circumstances and the prosecutor’s discretion. You also have the option of refusing the plea and proceeding to trial.
Key Takeaway: The period after indictment offers numerous opportunities to challenge evidence, negotiate plea agreements, or prepare for trial. Effective defense work can result in reduced charges or even dismissal.
| Post-Indictment Stage | Timeframe | What Happens | Your Role |
|---|---|---|---|
| Arraignment | ~14 days after indictment | Judge reads charges; you enter plea; bail reconsidered | Enter plea; confirm legal representation |
| Pre-Trial Motions | Weeks to months | Attorney files motions to suppress evidence or dismiss charges | Work with attorney on defense strategy |
| Pre-Trial Conferences | Multiple sessions | Status updates; plea negotiations; trial preparation | Decide whether to accept plea offers |
| Plea Cutoff | Set at final pre-trial conference | Deadline for accepting plea deals | Make final decision on plea vs. trial |
| Trial | Within 180 days if detained | State presents evidence; defense responds; jury decides | Testify if strategy requires; participate in decisions |
How Long After an Indictment Before Trial?
After an indictment, New Jersey law imposes speedy trial deadlines to prevent indefinite delays. For defendants detained in jail pre-trial, the law requires indictment within 90 days of arrest and trial within 180 days of the indictment.
These are often referred to as the “90-day indictment rule” and “180-day rule” in New Jersey. If you’ve been jailed from the time of your arrest, prosecutors must secure an indictment within 90 days. After you’re indicted, the state has 180 days to begin your trial.
If the prosecution fails to meet the 180-day deadline and the delays aren’t excused for specific legal reasons, the remedy is typically dismissal of charges and your release. In other words, no trial within 180 days after indictment means potential dismissal for violating your right to a speedy trial.
Certain periods don’t count toward the 90 or 180 days, known as “excludable time.” Delays caused by the defense, mental competency evaluations, or other extraordinary circumstances can pause the clock. These exceptions ensure that the 180-day rule is not absolute in every situation.
For defendants who are not detained pre-trial (released on bail or recognizance), the strict 90/180 day rules might not formally apply. However, New Jersey still aims to move cases along efficiently. In practice, even out-of-custody felony cases often reach trial within a year or so, though they can take longer if both sides need more time.
Can Charges Be Dropped After an Indictment?
Charges can be dropped or dismissed after an indictment, though this may be less common than before an indictment. Once a grand jury indicts, the case is formally in the court system, but that does not guarantee that it will go all the way to a conviction.
Prosecutorial Discretion
The prosecutor, with the consent of the court, can decide to dismiss an indictment if new evidence emerges or if they determine they cannot prove the case beyond a reasonable doubt. This dismissal is often called a nolle prosequi.
For example, if a key witness becomes unavailable or evidence is found to be unreliable, the state might drop the charges even after indictment. While prosecutors are generally committed to pursuing indicted cases, strong reasons can lead them to dismiss charges.
Legal Motions
Your defense attorney can file a motion to dismiss the indictment on various grounds, such as procedural errors in the grand jury or insufficient evidence presented. If the judge agrees that the indictment was fundamentally flawed or unsupported, the court can dismiss it.
Courts are hesitant to overturn a grand jury’s decision. However, egregious issues like prosecutorial misconduct in the grand jury or a clear lack of evidence could lead to post-indictment dismissal. The court may dismiss the indictment “without prejudice,” meaning charges could be presented to another grand jury for another indictment.
Plea Agreements to Lesser Charges
In practice, “dropping charges” after indictment often happens as part of a plea bargain. You might negotiate to plead guilty to one count in the indictment in exchange for other counts being dismissed. The end result is some charges are dropped, though a conviction on a lesser charge is entered.
Pre-Trial Intervention (PTI)
In some cases, even after indictment, a defendant may be allowed into the Pre-Trial Intervention program. This diversion program is for first-time offenders of certain lower-level felonies. If you’re admitted to PTI post-indictment and successfully complete the program, the indictment charges are dismissed.
Typically, PTI is sought before indictment. However, there are instances of post-indictment PTI entry with prosecutor consent.
Key Takeaway: While dismissal after indictment is less common than before indictment, charges can still be dropped through prosecutorial discretion, successful legal motions, plea agreements to lesser charges, or admission to Pre-Trial Intervention programs. Strong defense representation increases the likelihood of post-indictment charge reduction or dismissal.
Get Reliable Legal Help from Lustberg Law Offices, LLC
Facing an indictment can be overwhelming, but an indictment is not a conviction. The decisions you make now can significantly impact your case outcome and your future.
New Jersey criminal defense lawyer Adam M. Lustberg has defended clients facing indictments for over 14 years. Lustberg Law Offices, LLC handles cases in Bergen County Superior Court and courts throughout New Jersey, providing strategic defense from arraignment through trial. Lustberg Law Offices, LLC challenges evidence, negotiates favorable outcomes, and defends clients’ rights in court.
Call Lustberg Law Offices, LLC today at (201) 880-5311 for a confidential consultation.
