What is an Indictment in New Jersey?

An indictment in New Jersey is a formal accusation that a person has committed a crime, typically a serious offense such as a felony. The indictment process is a key part of the criminal justice system, ensuring that there is enough evidence to bring someone to trial.

Here’s how the indictment process works in New Jersey:

• Grand Jury Involvement: In New Jersey, indictments are usually issued by a grand jury, which is a group of 23 citizens selected to review evidence presented by the prosecutor. The grand jury’s role is to determine whether there is probable cause to believe that a crime has been committed and that the accused individual is responsible for it.
• Probable Cause: The grand jury does not determine guilt or innocence; instead, it decides whether there is sufficient evidence to charge the person with a crime. If a majority of the grand jury members believe there is probable cause, they will issue an indictment, also known as a “true bill.”
• Types of Charges: An indictment can include various charges, ranging from theft and assault to more serious crimes like murder. The specific charges depend on the evidence and the nature of the alleged offense.
• Sealing and Arrest: After an indictment is issued, it may remain sealed (kept confidential) until the accused person is arrested. This prevents the person from fleeing or tampering with evidence.
• Arraignment: Once an indictment is issued, the accused person is formally charged and brought before a judge in a process called arraignment. During the arraignment, the charges are read, and the accused person enters a plea (guilty, not guilty, or no contest).
• Legal Proceedings: If the case proceeds, the indictment serves as the formal basis for the trial. The defense and prosecution will present their cases, and a jury or judge will ultimately determine guilt or innocence.

An indictment is a crucial step in ensuring that only cases with sufficient evidence proceed to trial, protecting individuals from unjust prosecution.