Grand Jury
If a complaint is not adjudicated prior to the indictment, it is
presented to a grand jury for action. The right to have charges
presented to a grand jury is guaranteed by the New Jersey
Constitution. See Article I, Paragraph 8 of the New Jersey
Constitution of 1947. The function of the grand jury is to
6
R. 3:4-3 provides that if a defendant does not waive a hearing as to probable cause, one shall be held.
In the Essex Vicinage, the probable cause hearing is incorporated into the CJP process.
investigate criminal complaints with the goal of either bringing
charges against those responsible for criminal conduct, or
refusing to bring charges where prosecution is unwarranted. A
grand jury, one of which must be serving in each county at all
times, consists of no more than 23 members randomly selected
from the general public by the Assignment Judge or Criminal
Presiding Judge. The judge appoints one juror to act as
foreman and another to act as deputy foreman. The
deliberations of the grand jury are secret.
The process involves an assistant prosecutor who presents the
State's case to the grand jury. Neither the defendant, nor his/her
attorney may attend the grand jury proceedings, unless the
defendant asks to testify before the grand jury. If the grand jury
finds that charges are warranted, it votes to indict. This is called
a True Bill and an indictment is prepared. An indictment can
only be returned if 12 or more jurors concur. If the grand jury
finds charges are not warranted, it returns a No Bill. If a case is
No Billed, the grand jury, through the foreperson, reports this in
writing to the Assignment Judge.6 If the defendant is in jail, the
Assignment Judge will order the defendant's release unless
there are other charges pending for which detention is required.
