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Middlesex NJ Criminal Defense Lawyer
With over one hundred years of combined criminal defense and litigation experience, the attorneys at The Law Offices of Jonathan F. Marshall represent clients charged with criminal offenses such as aggravated assault, stalking, harassment, and possession of marijuana throughout Middlesex County. If you are looking for a former prosecutor with decades of experience representing clients on a broad range of offenses, you have landed in the right place. Our staff includes several attorneys who would fall into this description including Jason Seidman, Esq., an ex-supervisor in the Middlesex County Prosecutor’s Office. Mr. Seidman and the other lawyers at the firm routinely appear at the Superior Court in New Brunswick and in municipal courts like the one in Highland Park, Edison, Metuchen, and Piscataway. Please contact our office for a free initial consultation regarding your criminal or traffic offenses at 732-246-7126.
Criminal Legal Process: The Indictment
If your case does not resolve during Pre-Indictment Negotiations, such as Pre-Indictment Proceedings in Middlesex County, the case will then be presented to the Grand Jury for an indictment. An indictment is a written statement of the essential facts which constitute the crime you are charged with. In New Jersey, the indictment must be signed by the prosecutor and endorsed by the foreman of the Grand Jury as a True Bill. The indictment must also contain the specific statute for the crime charge. Once an indictment has been returned, it is filed with the Court and the case will proceed.
There are 23 members of a grand jury. An indictment may be found only if 12 or more (a majority) of the grand jurors vote to return an indictment. Remember, the rules of evidence that apply during a Grand Jury Proceeding are different than the rules of evidence that apply during a criminal trial. For example, hearsay evidence may be presented to the Grand Jury as well as illegally seized evidence. On the other hand, this evidence is not permitted during the actual trial. Further, the prosecutor and the grand jurors are the only people allowed in the grand jury room besides witnesses in the case. There is no defense attorney. There is no judge. As a result, it is very easy for the State to obtain an indictment in the vast majority of cases.
Contact the experienced attorneys and former prosecutors at the The Law Offices of Jonathan F. Marshall with any questions or concerns that you have at 732-246-7126.