Charged With an Indictable Offense in New Jersey

An indictable offense is what New Jersey calls a crime: the most serious category of charge, roughly what other states call a felony. It is prosecuted by the county prosecutor in the Superior Court, it generally needs a grand jury indictment to go forward, and a conviction can carry state prison time. Most cases follow the same path: a complaint, a first appearance, a period before indictment, the grand jury, arraignment and motions in the Superior Court, and then a plea or a trial and sentencing.

How is a crime different from a disorderly persons offense?

New Jersey divides criminal charges into two groups. Crimes, also called indictable offenses, are graded by degree and heard in the Superior Court. Disorderly persons and petty disorderly persons offenses are lesser charges heard in municipal court, with possible jail of up to six months and up to 30 days respectively.

The label on your complaint tells you which track you are on. Simple assault, possession of drug paraphernalia and shoplifting of lower-value goods are often disorderly persons offenses; burglary, aggravated assault and possession with intent to distribute are generally indictable. The same conduct can sometimes be charged either way depending on the facts, such as the value of property or the injury alleged.

What are the degrees of crimes and their sentences?

Indictable offenses are graded in four degrees. The ordinary sentencing ranges under N.J.S.A. 2C:43-6 are:

• First degree: 10 to 20 years.
• Second degree: 5 to 10 years.
• Third degree: 3 to 5 years.
• Fourth degree: up to 18 months.

Those are ranges, not predictions. Under N.J.S.A. 2C:44-1, there is a presumption of imprisonment for first- and second-degree crimes, and a presumption of non-imprisonment for a first-time offender convicted of a third- or fourth-degree crime, with exceptions. Some offenses also carry mandatory minimum terms, for example certain firearms offenses under the Graves Act.

What happens right after the charge is filed?

A case begins with a complaint-summons or a complaint-warrant. A summons tells you when to appear. A warrant means arrest and processing, and it triggers the pretrial release system.

Since the Criminal Justice Reform Act took effect on January 1, 2017, New Jersey has largely replaced cash bail with a risk assessment called the Public Safety Assessment. Most people are released, sometimes with conditions such as reporting to Pretrial Services, staying away from a person or place, or electronic monitoring. In more serious cases the prosecutor can move for pretrial detention, and a judge decides the motion at a detention hearing where both sides can be heard. Detained defendants have the benefit of speedy-trial time limits.

At the first appearance, the court confirms the charges, addresses release, and makes sure you understand your right to a lawyer.

What happens before an indictment?

The period between the first appearance and the grand jury is easy to overlook and often important. During this stage:

• Discovery begins. The prosecutor provides the police reports, video, lab results and other evidence the case is built on.
• Plea offers may be made. Some cases are resolved before indictment, sometimes by waiving the grand jury and proceeding on a document called an accusation.
• Diversion can be pursued. An application for Pretrial Intervention (PTI) can be made early, and applying early matters because there is a deadline tied to the indictment.
• A downgrade can be sought. Some charges are downgraded to disorderly persons offenses and sent to the municipal court.

This is also the time to collect evidence the State may not have: surveillance footage before it is overwritten, messages, receipts and the names of witnesses.

How does the grand jury work?

If the case is not resolved or downgraded, the county prosecutor presents it to a grand jury, a panel of citizens that hears the State's evidence in private and decides whether there is enough to formally charge you. The defense generally has no role in the room. If the grand jury finds enough evidence, it returns an indictment. If not, it returns a no-bill, and that charge does not proceed on that presentation.

In Morris County, indictable cases are heard at the Superior Court in Morristown; in Sussex County, at the Superior Court in Newton. Our pages on criminal defense in Morris County and Sussex County describe each county's courts and prosecutors.

What happens after indictment?

Once indicted, the case moves to the Superior Court's Criminal Division for arraignment, where the charges are formally presented and you enter a plea, followed by status conferences that track discovery, negotiations and scheduling.

Pretrial motions can change the shape of a case. A motion to suppress asks the court to exclude evidence obtained through an unlawful stop, search or statement. Other motions challenge the indictment itself, the identification procedures used, or what evidence a jury may hear.

From there, a case ends in one of three ways: a dismissal, a negotiated plea, or a trial before a jury, where the State must prove each element beyond a reasonable doubt. The decision whether to accept a plea or go to trial is yours, and it should be made with a clear view of the evidence and the realistic range of outcomes.

What happens at sentencing?

If there is a conviction, the court orders a presentence report and weighs the aggravating and mitigating factors set out in the Code before imposing a sentence within the range for the offense. Defense counsel can present information about your history, family, employment, health and treatment that bears on those factors.

Beyond the sentence itself, a conviction for a crime can affect employment, professional licenses, firearm rights and, for anyone who is not a U.S. citizen, immigration status. Some convictions can later be expunged; the expungement section of our Knowledge Center gives an overview.

What should you do if you have been charged?

• Do not discuss the facts with the police, the complaining witness, or on social media.
• Keep every document you were given, including the complaint and any release order.
• Follow every release condition exactly and attend every court date.
• Write down what you remember and preserve anything that might be evidence.
• Talk to a defense lawyer before the first deadlines pass, especially the timing for a PTI application.

For a shorter overview of each stage, see how a New Jersey criminal case works in our Knowledge Center.

Talking to a lawyer about an indictable charge

An indictable charge is a serious matter, and the earliest stages are often where the most options exist. A consultation is a chance to go through the complaint, the release terms, and what the next court date will involve. Gray Law Group is in Jefferson and represents people charged in the Superior Court in Morris and Sussex counties and across northern New Jersey. You can learn more about our criminal defense practice or request a consultation.