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Indictable Criminal Offense
First, Second & Third Degree Crimes
Certain criminal charges, referred to as indictable crimes, are so serious that they trigger a constitutional requirement that the facts of the case be presented to a Grand Jury and that there be a right to trial by Jury. For this reason, First Degree, Second Degree, Third Degree, and Fourth Degree crimes may only be heard at the Middlesex County Superior Court in New Brunswick NJ. In our view, criminal complaints of this nature should only be handled by attorneys experienced in defending such matters, especially as a conviction results in a felony record. The lawyers at our firm, The Law Offices of Jonathan F. Marshall, include at least five (5) former prosecutors and a defense team with over a century of combined experience defending criminal charges. Our staff even includes Jason Seidman, the former supervisor of the gangs, guns and drugs task force at the Middlesex County Prosecutor’s Office. Our lawyers have the skill to achieve the best outcome in your case and we would welcome the opportunity to discuss how we can help you. Call us anytime 24/7 for a free initial consultation at our New Brunswick Office at 732-246-7126. We hope you find the information on this page of assistance.
Grand Jury Proceedings in Indictable Cases
The United States Constitution provides that an individual cannot be required to defend his or herself against a “crime” unless there has been presentment and indictment by a Grand Jury of their peers. A grand jury is a panel of citizens whose job is to hear testimony presented by the prosecution and the prosecution only, and to decide whether there is a legal basis for the criminal complaint that was served. If the grand jury returns an indictment, the accused is subject to prosecution for an indictable crime. If the grand jury finds no basis to sustain the complaint, it returns a “no bill” and the complaint is dismissed.
Penalties If Convicted of an Indictable Charge
If someone is charged with even the least serious of these offenses, a Fourth Degree crime, they are exposed to potential jail of six months. The severity of the possible jail sentence escalates much higher, as do the monetary consequences, including thousands of dollars in potential fines, for more serious crimes. Detailed information regarding each grade of offense can be obtained by clicking First Degree Crime, Second Degree Crime, Third Degree Crime or Fourth Degree Crime.
Middlesex County Indictable Crime Defense Lawyers
Absent resolution via Pretrial Intervention, a conviction for any variety of indictable offense is the equivalent of a felony conviction. While this is subject to expungment under certain conditions, the minimum waiting period before this can happen is five (5) years from the date of completion of probation and payment of all fines. With such significant consequences in play, you would be best served consulting with a lawyer skilled in criminal law. Give us a call for a no obligation consultation.