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NJ Issuance of Indictment or No Bill

 

NJ Issuance of Indictment or No Bill

In New Jersey, prosecutors generally need an indictment from a grand jury to pursue felony criminal charges against you. But what happens if the grand jury declines to indict and issues a no bill instead? Understanding the secrets of the grand jury process can impact your case strategy.

What is a Grand Jury in New Jersey?

A grand jury is a panel of 16-23 citizens who hear evidence presented by prosecutors and decide whether it is sufficient to formally charge someone with a crime. Grand juries operate in secrecy and have special investigative powers.

For felony charges, prosecutors must convince 12+ grand jurors to vote in favor of an indictment specifying the charges. Anything less than 12 votes results in a no bill.

Requirements for Grand Jury Indictment in NJ

To secure indictment on a proposed charge, prosecutors must present evidence establishing:

  • Probable cause the defendant committed the crime
  • The defendant had a culpable mental state required by the offense
  • The court has jurisdiction over the defendant and alleged crime

This is a lower standard than proof “beyond a reasonable doubt” required at trial. But prosecutors still need credible evidence to persuade the grand jury.

What is a No Bill from the Grand Jury?

If fewer than 12 grand jurors vote to indict after hearing the prosecutor’s presentation, a no bill issues. This means the grand jury declined to authorize criminal charges.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Common reasons for a no bill include:

  • Weak or contradictory evidence
  • Credibility problems with witnesses
  • Exculpatory evidence favoring the accused
  • Overcharged or inappropriate criminal allegations

A no bill spares the accused from having to defend against criminal charges, at least for the time being.

Can Prosecutors Re-Present the Case After a No Bill?

Under N.J.S.A. 2B:17-5, prosecutors can present the same case again to a different grand jury panel. There is no limit on how many times they can re-present after a no bill.

To obtain an indictment after a no bill, prosecutors typically need:

  • Stronger evidence
  • Additional investigation
  • Better case presentation

But continued re-presentments despite repeated no bills may draw judicial scrutiny and demands to stop harassing the accused.

Does a No Bill Prevent Future Prosecution?

A no bill does not provide permanent immunity from prosecution. Prosecutors remain free to re-present the case or even file charges by accusation if you waive indictment.

However, as a practical matter, prosecutors with weak cases often abandon charges after one or more grand juries decline to indict.

Secrecy of Grand Jury Proceedings in New Jersey

Grand jury proceedings are strictly secret under N.J.S.A. 2B:21-5. The only people allowed are prosecutors, witnesses, interpreters, and the grand jurors themselves.

The accused and their attorney are prohibited from attending. This one-sided process is designed to protect witnesses and encourage candid testimony.

Defense Strategies After a No Bill

If you learn charges were no billed, smart defense strategies include:

  • Seeking meeting with prosecutors to prevent re-presentment
  • Interviewing any known witnesses for helpful testimony
  • Preserving evidence and witness statements
  • Filing motions to block re-prosecution on same charges

An experienced criminal defense attorney can take full advantage of a no bill to discourage further prosecution.

No Bills on Some Charges but Indictment on Others

Prosecutors will sometimes get a no bill on certain charges while securing indictment on related counts. For example, you could face indictment for possession but no bill on intent to distribute charges.

Your attorney can then emphasize to prosecutors and the court that even the grand jury did not find evidence for the most serious allegations.

Seeking Grand Jury Transcripts After a No Bill

Defense lawyers are not allowed access to grand jury transcripts under N.J.S.A. 2B:17-7. However, after a no bill, they may petition the court to unseal limited records needed to prevent improper re-prosecution.

Any transcripts released cannot disclose witness identities or testimony.

No Bills Are Not the Same as Acquittal

While a no bill spares you from immediate prosecution, it is not the same as an acquittal at trial. You can still face charges down the road on the same allegations if prosecutors persist.

However, as a practical matter, a no bill often indicates prosecutors lack confidence in the case and will not pursue charges further without new evidence.

Consult Your Lawyer if Charges are No Billed

While a no bill provides temporary relief, you still need to engage an experienced criminal defense attorney to take full advantage. A knowledgeable lawyer can use the grand jury’s rejection to block re-prosecution and fully clear your name.

 

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