Does Indictment Mean Jail Time in New Jersey?

Facing an indictment in New Jersey can be an overwhelming and confusing experience. Many people believe that being indicted automatically means jail time, but this is far from the truth. An indictment is simply a formal charge, not a conviction, and there are many steps in the legal process where a skilled defense can make a significant difference. Understanding what an indictment means, how it fits into the criminal justice process, and what options you have to protect your rights is critical to building a strong defense.

At Lustberg Law Offices, LLC, we guide individuals through the complexities of the New Jersey criminal justice system. Whether you’re facing charges for an indictable offense or managing the aftermath of an indictment, our experienced New Jersey criminal defense attorney, Adam M. Lustberg, is here to provide you with the legal advice and representation you need to fight for the best possible outcome.

If you’ve been indicted or are facing criminal charges in New Jersey, time is of the essence. Don’t face the legal system alone—let an experienced New Jersey criminal defense attorney from Lustberg Law Offices, LLC advocate for your best interests in this challenging process. 

Call us today at (201) 880-5311 or visit Lustberg Law Offices, LLC to schedule a free and confidential consultation. Your future is too important to leave to chance—get top-rated legal help today.

What is an Indictment in New Jersey?

An indictment in New Jersey is a formal accusation issued by a grand jury, signalling there is enough evidence (probable cause) to charge someone with a crime​. The purpose of a grand jury indictment is not to determine guilt or innocence, but to decide whether the case should proceed to trial in Superior Court​. 

A grand jury is composed of 23 citizens who are tasked with reviewing evidence presented by the prosecutor to decide whether probable cause exists and if formal felony charges are warranted. If a majority of the grand jurors vote in favor, the grand jury returns what is called a “true bill” of indictment, meaning an indictment is issued​. 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’s role is to protect individuals from unfounded felony accusations by requiring citizen jurors to agree there is sufficient evidence to charge. It ensures that serious criminal charges (first-, second-, third-, or fourth-degree crimes) have been vetted by a grand jury before proceeding to trial​. It is a necessary step for indictable offenses (felonies) in NJ; less serious offenses (disorderly persons offenses) do not require grand jury review and are handled in Municipal Court. 

An indictment is a serious step and indicates exposure to possible jail time if convicted, but it is not a jail sentence on its own. You will have the opportunity to defend yourself in court. In the meantime, you might be subject to bail conditions or pretrial detention depending on the offense and risk factors, but many defendants are not jailed pre-trial unless the court orders it for public safety or flight risk reasons. Always consult your attorney about your release status and what to expect after an indictment.

Does an Indictment Mean Jail Time?

Being indicted does not automatically mean you will go to jail. An indictment simply means you have been formally charged with a serious crime, not that you’ve been convicted or will definitely serve jail time. An indictment by itself is the process of deciding whether your case will be heard in Superior Court. Your guilt or innocence isn’t decided at the indictment stage. Many people who are indicted remain free–on bail or pretrial release–while awaiting trial, depending on the circumstances of the case.

That being said, an indictment is an indicator that the charges are severe. Indictable offenses in New Jersey are equivalent to felonies, which carry the potential for at least one year of imprisonment upon conviction. For example, crimes like robbery, aggravated assault, or drug distribution must be indicted and can result in significant prison sentences upon conviction. However, until and unless you are found guilty or plead guilty, an indictment does not mean you are going to jail immediately. It means the case will move forward to the next stages, where the outcome and punishment will be determined.

The Felony Indictment Process in New Jersey

Understanding how the indictment process works will demystify what an indictment entails. In New Jersey, felony charges follow a multi-step process before and after a grand jury indictment:

1. Complaint and Initial Charges

Every case starts with an arrest or criminal complaint. For serious offenses, initially a complaint is filed listing the charges​. At this stage, you’ll typically have a first appearance in court where you’re informed of the charges and your rights. If you’re accused of an indictable offense, the case is set on a track towards 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 via plea beforehand.

2. Pre-Indictment Conference (Early Case Resolution)

New Jersey often offers an early resolution stage called a Pre-Indictment Conference (PIC), sometimes referred to as the Early Disposition Conference. Pre-indictment conferences in New Jersey serve as an efficient method to address criminal charges, particularly those classified as third and fourth-degree offenses. These offenses are considered less severe compared to first and second-degree crimes, making them more amenable to swift resolution. Penalties for third and fourth-degree crimes can include 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’s specifics. The prosecutor may offer a plea deal, which could involve reduced charges or sentencing recommendations in exchange for a guilty plea. Accepting such an offer can lead to a quicker resolution and potentially lesser penalties. This process aims to resolve cases efficiently, benefiting both the defendant and the judicial system by reducing the time and resources spent on prolonged court proceedings.

It’s important to note that while pre-indictment conferences are commonly utilized for third and fourth-degree crimes, they are not limited to these categories. However, due to the comparatively less severe nature of these offenses, they are often more suitable for expedited resolution through such conferences.

3. Grand Jury Proceedings: How an Indictment Works

If the case moves forward, the prosecutor will present evidence to a grand jury. A New Jersey grand jury consists of 23 citizens from the community​. As mentioned, grand jury proceedings are closed and one-sided: only the prosecutor and witnesses, if any, are present in the grand jury room​. Neither the defendant nor their attorney participates at this stage, and there is no judge in the room during the presentation. The prosecutor summarizes evidence to convince the jurors there’s probable cause to believe you committed the crime​.

After hearing the evidence, the grand jurors vote. They do not need unanimity – 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 on the charges​. The indictment is a formal document listing the charges approved by the grand jury. This is effectively the “green light” for prosecutors to move forward 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 (insufficient votes to indict), 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 – you will not face trial on them (the prosecutor must drop the case).
• Remand/Downgrade: As noted, the grand jury has the option to indict on a less serious charge than originally presented​. In this scenario, instead of a felony indictment, the outcome is a downgraded charge (e.g. reduced to a disorderly persons offense), and the matter is handled in Municipal Court. While not a common outcome, it’s a possible middle ground if jurors believe a lesser offense occurred.

It is important to remember, once again, that an indictment is not a finding of guilt – it’s simply a decision that there is enough evidence to formally charge you and proceed to the next stage​. The grand jury does not decide punishment or guilt. Whether or not the defendant will serve jail time will be decided at trial, even after being indicted.

When is a Grand Jury Indictment Required in NJ?

A grand jury indictment is generally required for any indictable offense in New Jersey, which includes first-, second-, third-, and fourth-degree crimes​. Any crime that exposes you to more than one year of jail can involve a grand jury indictment in New Jersey’s system. The indictment is the formal mechanism to bring such a case to Superior Court for trial​. 

One exception is if you and the state negotiate an accusation, which is basically agreeing to skip the grand jury by voluntarily accepting charges in order to plead guilty, often to lesser offenses. But absent that scenario, the prosecutor must seek an indictment for felonies.

Secret Indictments: How Do You Know If You Have One?

Sometimes indictments are sealed – often termed “secret indictments.” This usually occurs if the authorities want to file charges without alerting the defendant immediately (for example, if a suspect hasn’t been arrested yet or might flee). In a secret indictment, the grand jury can issue a true bill, but the indictment remains sealed to the public and the defendant is not notified until a later time (usually when an arrest can be made under the indictment). 

How Can You Know If You’ve Been Secretly Indicted? 

In truth, it’s difficult – by design, you typically won’t know until law enforcement executes the sealed indictment (e.g. by arresting you or summoning you to court). Prosecutors seek secret indictments specifically so the person doesn’t find out and go into hiding or destroy evidence​.

If you suspect you might be under a secret indictment, you should consult an attorney. Generally, once an indictment is issued (even secretly), an arrest warrant will follow. You would then find out about the indictment at the time of your arrest or when you receive a notice to appear for an arraignment on the indictment. Unless and until that happens, the indictment remains unseen. The bottom line: “secret” or sealed indictments mean you won’t be immediately notified – the first indication might be a knock on the door from police. Always stay in contact with your attorney if an investigation is looming, so you’re not caught off guard.

What Happens After a Grand Jury Indictment (True Bill) in New Jersey?

After a true bill is returned, the case moves into the post-indictment phase of the criminal process. Here’s what to expect after being indicted:

Arraignment in Superior Court

The first proceeding after an indictment is the arraignment in Superior Court. This is a formal hearing where you are officially notified of the charges in the indictment. In New Jersey, the arraignment on indictment typically occurs about 14 days after the indictment is returned​. (the court will notify you of the date). 

At the arraignment:

• The judge will read the indictment charges against you to ensure you understand what you’ve been accused of​.
• You will be asked to enter a plea to the charges.
• The judge will confirm that you have legal representation. 
• If you were in jail 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, or conversely, could remand you if the indictment includes more serious charges than initially filed​. Essentially, your custody status can be reviewed.
• The court will schedule future dates, such as pre-trial conferences, motion hearings, and a tentative trial date​. New Jersey courts often set a pre-trial conference date to start managing the case timeline.

The arraignment is usually brief. You will not present evidence or argue your case yet; it’s mainly a procedural step to move the case forward. After arraignment, the discovery phase is in full swing – prosecutors must hand over evidence to the defense, if they haven’t already, and both sides prepare for possible motions or trial​.

Pre-Trial Motions and Conferences

Following the arraignment, your attorney will engage in pre-trial activities. In addition to filing motions, this phase also includes attending one or more pre-trial conferences with the court and prosecutor. 

At pre-trial conferences, the lawyers and judge discuss the status of the case – whether both sides are ready for trial, if plea negotiations are ongoing, and what the timeline looks like. In New Jersey, there is often a plea cutoff date set at a final pre-trial conference, after which any plea deal is off the table​.

During this time, plea bargaining is common. 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, but the availability of a plea depends on the circumstances of the case and the prosecutor’s discretion. You also have the option of refusing the plea and proceeding to trial.

Throughout these steps, your defense attorney’s job is to protect your rights and build your case. Every stage after the indictment still offers opportunities to challenge the evidence or even get charges reduced or dismissed​. 

For instance, if a key piece of evidence is thrown out or a witness is discredited through motions, the state’s case might weaken, potentially leading to a better plea offer or a dismissal of charges. Remember, an indictment means the case proceeds, but it doesn’t guarantee the prosecution will win at trial.

How Long After an Indictment Before Trial? (NJ Speedy Trial Rules)

After an indictment, you’re likely wondering about the timeline: When will the trial happen? New Jersey law imposes speedy trial deadlines to prevent indefinite delays. In general, for defendants who are detained in jail pre-trial, the law requires:

• Indictment within 90 days of the 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 NJ. What this means is if you’ve been jailed from the time of your arrest, the prosecutor must secure an indictment within 90 days, and 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 that the charges must be dismissed and you are released​

In other words, no trial within 180 days after the indictment means a potential dismissal of the indictment for violating your right to a speedy trial​. Essentially, the case cannot linger without trial beyond roughly 6 months post-indictment, unless time has been excluded for valid reasons.

It’s important to note there are exceptions that can extend these timeframes. Certain periods don’t count toward the 90 or 180 days, known as “excludable time.” For example, delays caused by the defense, certain evaluations such as a mental competency test to stand trial, or other extraordinary circumstances can pause the clock​. These exceptions ensure that the 180-day rule is not absolute in every situation – many cases do go longer with court approval if there are justified delays.

For defendants who are not detained pre-trial (i.e. released on bail or recognizance), the strict 90/180 day rules might not formally apply, but 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, but they can take longer if both sides need more time. Always discuss the likely timeline in your case with your attorney.

Is There a “45-Day Indictment Rule”? 

You might have heard about a 45-day rule for indictments, but that timeline is not part of New Jersey’s rules – it actually refers to New York law (in NY, prosecutors have 45 days to indict certain detained defendants)​

In New Jersey, the key deadlines are the 90-day and 180-day rules discussed above. So, don’t be confused by the 45-day figure; the applicable standard in NJ is 90 days to indictment (for jailed defendants) and 180 days to trial​

Trial and Beyond

If no plea agreement is reached and the case isn’t dismissed on legal grounds, the final step is a criminal trial in Superior Court. At trial, a petit jury composed of 12 members will hear the evidence from both the prosecution and defense and decide if the state has proven the charges beyond a reasonable doubt. If you are acquitted, you’re free to go – the indictment is nullified by the not-guilty verdict. If you are convicted, you will proceed to sentencing, where a judge will impose penalties, potentially including jail or prison time, fines, probation, etc., depending on the offense and sentencing guidelines. The indictment at that point has served its purpose by leading to a conviction; post-conviction, you have right to appeal.

Keep in mind, even after indictment, many cases never actually reach trial – plea deals, diversion programs, or motions can resolve cases sooner. However, being prepared for trial is crucial because it’s the leverage that often pushes favorable outcomes (the stronger your defense heading toward trial, the better your chances of a good resolution).

Can Charges Be Dropped After an Indictment?

Yes, charges can be dropped or dismissed after an indictment, though it may be less common than before an indictment. Once a grand jury indicts, the case is formally in the court system, but that doesn’t guarantee it will go all the way to conviction. There are a few scenarios in which charges might be dropped post-indictment:

• 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.
• 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 to the grand jury). If the judge agrees that the indictment was fundamentally flawed or unsupported, the court can dismiss it. While courts are hesitant to overturn a grand jury’s decision, egregious issues (like prosecutorial misconduct in the grand jury or a clear lack of evidence) could lead to a post-indictment dismissal. However, it is important to note that the court may dismiss the indictment “without prejudice”, meaning it would be possible for charges to 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. For instance, 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 (a diversion program for first-time offenders of certain lower-level felonies). If you’re admitted to PTI post-indictment and you successfully complete the program, the indictment charges would be dismissed. (Typically, PTI is sought before indictment, but there are instances of post-indictment PTI entry with prosecutor consent.)

It’s worth noting that once indicted, prosecutors are generally committed to pursuing the case, so outright dropping of all charges without any condition is not very common unless there’s a strong reason. However, the period after indictment provides numerous opportunities for the defense to weaken the prosecution’s case – through discovery and motions – which can lead the state to offer better deals or occasionally to dismiss charges​

A skilled defense attorney will use each stage to try to achieve a dismissal or reduction of charges if possible​. For example, if DNA results come back post-indictment and fail to match the defendant, the state might decide to drop the case. Or if an alibi surfaces that the prosecutors find credible, they might dismiss the indictment. In high-profile scenarios, sometimes charges are dropped on the eve of trial if the case falls apart.

Always discuss the prospects of dismissal with your lawyer. While you should not expect the indictment to simply go away on its own, effective defense work can result in charges being dropped even after you’ve been indicted.

“Dismissed Due to Grand Jury Indictment” – What Does This Mean?

This phrase can be confusing. If you see a notation in court records that charges were “dismissed due to grand jury indictment,” it does not mean your indictment charges were dismissed. Rather, it usually refers to the initial complaint being dismissed because an indictment was returned.

Here’s the context: When you were first charged, a complaint was likely filed in Municipal Court. Once the grand jury issues an indictment for those charges, the jurisdiction moves up to the Superior Court. The original complaint in Municipal Court is then administratively dismissed because the case is now proceeding under the indictment in Superior Court. This is sometimes annotated as “dismissed due to indictment” or “dismissed – indicted” in the municipal or lower court docket. It’s essentially a formality indicating the case has shifted to the higher court.

“Dismissed due to grand jury indictment” means the charges weren’t dropped in the sense of gone away; instead, they’ve been formally charged by the grand jury, and the initial version of those charges is superseded by the indictment. It’s important to understand this so you don’t mistakenly think your charges were thrown out when in fact they were escalated. Your attorney can clarify whether any dismissal is a true victory, with the charges being dropped, or only a procedural move.

Protecting Your Rights Following an Indictment

An indictment in New Jersey is a formal step in the legal process, not a determination of guilt or an automatic sentence to jail time. It signifies that a grand jury has found enough evidence to proceed with formal charges, but it is only the beginning of a case. With the right legal representation, there are opportunities to challenge the prosecution’s evidence, negotiate plea deals, or go to trial to fight for the best possible outcome.

If you or a loved one has been indicted or is facing the possibility of indictment, it is important to have dedicated legal support on your side. At Lustberg Law Offices, LLC, we provide thoughtful and strategic representation to protect your rights and pursue the most favorable resolution for your case. Our experienced New Jersey criminal defense attorneys work diligently to guide you with clarity and confidence every step of the way.

Take the first step in protecting your future by contacting us today. Call (201) 880-5311 to schedule a free consultation. Your case deserves attention and action—reach out now to discuss how we can help.