If you’ve heard that your case may involve a grand jury — or if you’re facing serious criminal charges in New Jersey — you probably have questions. The grand jury process is one of the least understood parts of the criminal justice system, and for good reason. Grand jury proceedings happen behind closed doors, with rules that differ significantly from anything you might see in a public courtroom.
Here’s what you need to know.
What Is a Grand Jury?
A grand jury is a group of citizens — typically 23 people in New Jersey — convened to decide whether there is enough evidence to formally charge someone with a crime. Unlike a trial jury (also called a “petit jury”), a grand jury does not decide guilt or innocence. Its sole job is to determine whether the prosecution has enough evidence to proceed to trial.
Grand juries operate in secret. The public is not allowed in, the defendant is typically not present, and only the prosecutor presents evidence. There is no judge presiding over the deliberations themselves.
When Does a Grand Jury Apply in New Jersey?
In New Jersey, grand juries are used for indictable offenses — what many other states call felonies. These are the more serious criminal charges handled in New Jersey Superior Court, including cases at Hunterdon County Superior Court, 65 Park Avenue, Flemington, NJ.
Indictable offenses are divided into four degrees:
- First Degree – The most serious charges, including murder, armed robbery, and large-scale drug distribution
- Second Degree – Includes sexual assault, aggravated assault with a weapon, and significant theft offenses
- Third Degree – Includes drug possession charges, certain theft offenses, and other mid-level crimes
- Fourth Degree – The least serious indictable crimes, including certain weapons offenses and minor drug charges
If you’ve been charged with a disorderly persons offense or a petty disorderly persons offense — the lower-level matters handled in Municipal Court — there is no grand jury involved in your case.
How Does the Grand Jury Process Work?
The process begins when a prosecutor presents evidence to the grand jury. This can include witness testimony, physical evidence, police reports and investigative findings, and surveillance footage or documentary records.
The grand jury hears only the prosecutor’s side. Your defense attorney does not present evidence at this stage, and you generally do not testify — unless you choose to, which is a decision that requires careful discussion with your attorney before proceeding.
After hearing the evidence, the grand jury votes. If at least 12 of the 23 jurors agree that “probable cause” exists — meaning there are reasonable grounds to believe a crime was committed and that you committed it — they issue what’s called a true bill, which is a formal indictment. If they don’t find sufficient evidence, they issue a no bill, and the charges are dismissed at that stage.
What Happens After an Indictment?
An indictment is not a conviction. It simply means the case moves forward to Superior Court for further proceedings. After being indicted, you will be arraigned, enter a plea, and the case will proceed toward either a negotiated plea agreement or trial.
This is the stage where having an experienced criminal defense attorney is critical. Between indictment and trial, your lawyer can challenge the evidence against you, file motions to suppress improperly obtained evidence, negotiate with the prosecution, and build a defense strategy tailored to the specific facts of your case.
Can You Challenge a Grand Jury Indictment?
Yes — though the legal bar is high. You can file a motion to dismiss the indictment if there was prosecutorial misconduct, if the grand jury was improperly constituted, or in certain circumstances if the evidence presented was legally insufficient to support the charge.
Under New Jersey law, a defendant can also waive the right to a grand jury indictment and proceed through what is called an accusation instead. This sometimes occurs as part of a negotiated plea agreement and should only be considered after careful consultation with an experienced defense attorney.
Why You Need a Lawyer Before the Grand Jury Stage
If you believe you are under investigation for a serious crime in New Jersey — even before you’ve been formally charged — this is the time to consult with a criminal defense attorney. A lawyer can advise you on whether to cooperate with investigators, help you avoid making statements that could be used against you later, and in some cases, engage with the prosecutor before an indictment is even sought.
Once an indictment is issued, the case escalates quickly. The earlier you have skilled legal representation, the better positioned you are to protect your rights and achieve the best possible outcome.
Jenna Casper Bloom is a criminal defense attorney based in Flemington, NJ, serving clients in Hunterdon County, Somerset County, Morris County, Warren County, and Mercer County. If you or someone you know is under investigation or facing indictable criminal charges in New Jersey, experienced legal counsel from the start can make all the difference. Contact Casper Bloom Law for a free, confidential consultation.
