[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/njcriminallawdefense.com\/blog\/inside-out-look-at-how-grand-juries-work-in-new-jersey\/#BlogPosting","mainEntityOfPage":"https:\/\/njcriminallawdefense.com\/blog\/inside-out-look-at-how-grand-juries-work-in-new-jersey\/","headline":"Inside-Out Look at How Grand Juries Work in New Jersey","name":"Inside-Out Look at How Grand Juries Work in New Jersey","description":"When most people hear about a grand jury proceeding or subsequent indictment, they mistakenly believe someone is guilty of committing a crime. The grand jury performs an important role in criminal cases in New Jersey but does not get involved in convicting someone accused of criminal conduct. The grand jury serves an essential purpose in […]","datePublished":"2025-01-19","dateModified":"2025-12-10","author":{"@type":"Person","@id":"https:\/\/njcriminallawdefense.com\/blog\/author\/njcriminallawdefense\/#Person","name":"William Fay, Esq.","url":"https:\/\/njcriminallawdefense.com\/blog\/author\/njcriminallawdefense\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/8e9869b68803369cd82f0d8d684c730be056db7c94e3ce06af05f80bee316c35?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/8e9869b68803369cd82f0d8d684c730be056db7c94e3ce06af05f80bee316c35?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Law Offices of William C. Fay IV","logo":{"@type":"ImageObject","@id":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/Logo-footer-vector.svg","url":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/Logo-footer-vector.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/inside-out-look-at-how-grand-juries-work-in-new-jersey-blog-img.jpg","url":"https:\/\/njcriminallawdefense.com\/wp-content\/uploads\/2025\/11\/inside-out-look-at-how-grand-juries-work-in-new-jersey-blog-img.jpg","height":804,"width":1000},"url":"https:\/\/njcriminallawdefense.com\/blog\/inside-out-look-at-how-grand-juries-work-in-new-jersey\/","about":["Criminal Defense","Criminal Process"],"wordCount":1684,"articleBody":"When most people hear about a grand jury proceeding or subsequent indictment, they mistakenly believe someone is guilty of committing a crime. The grand jury performs an important role in criminal cases in New Jersey but does not get involved in convicting someone accused of criminal conduct. The grand jury serves an essential purpose in New Jersey\u2019s criminal justice system. When the state charges someone with a serious crime, the grand jury decides whether there is enough evidence to indict the accused.\u00a0They are the fulcrum point at which a person\u2019s case formally proceeds to the next phase of prosecution, or does not. Clearly, the role of grand juries cannot be understated when an individual is facing criminal charges in New Jersey.For a defendant, this phase of the criminal process is crucial. If you are the accused, you are best advised to enlist help from an experienced criminal defense attorney to guide you before, during, and after your case goes before the grand jury. At Proetta, Oliver, & Fay, our seasoned criminal lawyers can learn about the prosecution\u2019s evidence, help you understand the inner-workings of grand jury proceedings, craft a defense strategy based on the facts and evidence in your case, and check to ensure the grand jury proceedings are proper. In many cases, we can negotiate with the prosecutor to resolve the case before the grand jury decides the indictment question. If you would like to speak with a criminal defense attorney at our Burlington County office regarding your case,\u00a0request a free consultation\u00a0online or call us at 732-339-3897 for immediate assistance.Understanding the New Jersey Grand Jury SystemLong before a trial ends a criminal matter, a grand jury consisting of ordinary citizens must decide whether the state should proceed with criminal charges. They review the state\u2019s initial proof of criminal activity to determine whether it has enough evidence to indict the accused. The grand jury\u2019s primary purpose is to review the evidence the prosecution\u2019s office relies on to charge someone with a crime. The grand jury hears and reviews the prosecutor\u2019s documentary, physical, and testimonial evidence to ensure that the prosecutor has probable cause that a defendant committed a crime and that the evidence is sufficient to bring formal charges against an individual.When is a Grand Jury required you may wonder?\u00a0A grand jury is necessary only for indictable crimes, which are New Jersey\u2019s equivalent to felony crimes. Indictable offenses are punishable by a prison sentence longer than six months.What a Grand Jury DOES NOT do:\u00a0A grand jury differs from the jury that decides guilt or innocence at a trial. A trial jury is a smaller panel of citizens than a grand jury. Unlike the grand jury, a trial jury must unanimously agree to convict a defendant after a trial.Confidentiality is Key:\u00a0To ensure the integrity and fairness of the proceeding, grand jury sessions are secret to allow an unhindered investigation of the evidence. Those testifying may feel vulnerable to dangers from revenge seekers, and the wrongly accused defendant\u2019s exposure and humiliation are likely if the proceedings were public.Mandatory Deadlines for Bringing a Case Before a Grand Jury in NJThe deadline for bringing a case to the grand jury is 90 days from the date the state charges a defendant with a crime. The state has six months from an indictment to resolve the case at trial, by plea bargain, or other resolution. Notably, there are certain exceptions that allow the state to deviate from these deadlines.The deadline may be longer under specific circumstances, such as delays for a defendant\u2019s accessing mental health treatment or\u00a0drug court, a determination that the defendant is mentally incompetent, jurisdictional issues, co-defendant and other case complexities, uncovered discovery violations, natural disasters, a defendant\u2019s failure to appear for trial, an overseeing judge\u2019s recusal, and an indictment dismissal, among other causes.Structure of a Grand Jury in New JerseyThe grand jury is a panel of 23 jurors who serve for 16 to 20 weeks. Before they serve, elected jurors complete a questionnaire. The grand jurors are drawn randomly from public records, such as driver\u2019s licenses, voting, or tax records.Outline of the Steps in NJ Grand Jury ProceedingsOnce the grand jury is installed and the session begins, the prosecutor explains the case, including the criminal arrest and investigation. Next, they present evidence, such as police reports, photographs, surveillance footage, witness testimony, and other relevant documents or physical evidence. The defendant and their attorney are absent from the proceedings, so the grand jury does not hear the defendant\u2019s version of what occurred or refute the evidence.The grand jury\u2019s primary role is to hear testimony and review the prosecutor\u2019s evidence. Since their job is to evaluate the evidence and decide whether it is sufficient to charge a defendant, they may need further information to make their decision. To that end, grand jurors may subpoena witnesses and documents to further their investigation. Witnesses and custodians of records must obey the subpoena and testify before the grand jury or deliver documents to them.After the investigation, the jurors discuss the evidence and decide whether to indict. A true bill is a decision to indict, whereas a no bill is a decision not to indict, so a no bill results in a dismissal.Legal Rights of the Defendant During Grand Jury ProceedingsThough defendants rarely participate directly in grand jury proceedings, they have the right to an attorney\u2019s involvement. A defense attorney can formally request transcripts of the grand jury proceedings and file a motion to dismiss the case because the grand jury had insufficient evidence to indict.On the other hand, the defendant may request to testify, or the prosecutor may ask the defendant to testify before the grand jury, though either is rare. Doing so would give up the defendant\u2019s Fifth Amendment right to remain silent. In select cases, however, the defendant\u2019s testimony before the grand jury is permitted and highly valuable to their case.The Prosecutor\u2019s Role and Influence in Seeking an IndictmentThe prosecutor has tremendous influence and control over the grand jury process. They choose the evidence to present, including which documents or witnesses get to the jurors. Given the defendant\u2019s absence, the prosecutor shapes the impression of the jurors with the state\u2019s theory of the case. And since the prosecutor decides which cases go to the grand jury, they have major influence on the process.With so much control, the potential for prosecutorial bias is high. Through the prosecutor, the state can influence the jury\u2019s decision by presenting the most favorable evidence that leans in its favor. However, the prosecution is not without legal constraints. The prosecutor must reveal evidence that proves the defendant\u2019s innocence. They may not unduly influence the jury with inflammatory statements or intimidate witnesses. They are bound by a degree of fairness and a time limitation in presenting their case, so their control and influence are not unlimited.Assessing the Grand Jury\u2019s Options and the Impact on What Happens NextAfter the prosecution finishes presenting evidence, the jury deliberates and decides whether the evidence is sufficient to support criminal prosecution. The jurors will return a true bill for an indictment, a no bill if the evidence is not enough to support an indictment (which leads to a dismissal), or they may decide to downgrade the charges to a less serious criminal offense.A true bill means the case proceeds through the criminal courts, beginning with the defendant\u2019s arraignment. At this initial hearing, the judge reads the charges to the defendant, who pleads guilty, innocent, or no contest. From there, the criminal case proceeds through the legal channels, ending in a trial or other resolution.In the event of a no-bill, the prosecutor must decide whether to proceed with the criminal case by pursuing lesser charges. A no-bill leads to a dismissal of the original charges, so the prosecutor can only bring them again if new evidence emerges.Alternatively, the grand jury may recommend reducing the charges and remanding the case to Municipal Court for further prosecution.Top Reasons to Enlist a Criminal Defense Lawyer\u2019s Help Prior to Grand Jury Proceedings in Burlington County, NJThe grand jury process plays a crucial role in the criminal justice system as a check on the unbridled power of the state to criminally prosecute people without probable cause. It is a valuable source for the defendant\u2019s rights to a fair proceeding with full disclosure of the state\u2019s evidence against them. These proceedings can educate the defense about the prosecutor\u2019s evidence so that a defendant and their attorney can develop a viable defense strategy.The defense strategy may be to push for a dismissal before the case begins, a push for reduced charges, an agreement on a\u00a0diversionary program, probation, other non-incarceration options, or preparation for a trial. The decision is up to the defendant, with advice and counsel from a shrewd criminal defense attorney who is deeply familiar with New Jersey\u2019s criminal courts, the motivations and common tactics used by prosecutors, and ways to protect your interests throughout the investigation, pre-indictment, grand jury proceedings, and potential next steps.Whichever is wisest for the defendant, a criminal defense attorney at Proetta, Oliver, & Fay can prepare a motion for dismissal, negotiate with the prosecutor, or investigate and prepare a trial defense. The indictment or no-bill helps our team to advise you about the best pathway to a successful outcome. When you face the prospect of criminal charges for robbery, burglary, aggravated assault, sexual assault, endangering the welfare of a child,\u00a0drug distribution,\u00a0eluding, or another indictable offense, contact our office in Evesham Township at 732-339-3897 to talk to a lawyer who can help you get through this ordeal. We serve criminal clients throughout Burlington County and the greater Southern New Jersey area. Simply reach out to us to talk through the details of your case now."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/njcriminallawdefense.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Inside-Out Look at How Grand Juries Work in New Jersey","item":"https:\/\/njcriminallawdefense.com\/blog\/inside-out-look-at-how-grand-juries-work-in-new-jersey\/#breadcrumbitem"}]}]