Arraignment, R. 3:9-1

Arraignment, R. 3:9-1, right to counsel, sixth amendment, article 1 paragraph 10, U.S. Constitution, New Jersey Constitution, grand jury, indictment, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerWe all have bad days. But it seems to me we invariably react in one of three ways to the bad days of others: empathy, apathy, or judgment. And judgment seems to be the most popular. For example, an Atco man will soon make his first formal appearance in the Gloucester County Superior Court for his arraignment involving two separate cases. One case involves an alleged assault by auto and . I would submit the day of the collision was a bad day for him. But what is your reaction to this? How does it make you feel? Read more


NJ Law Enforcement Directive 2006-5 and Grand Jury Waiver

NJ Law Enforcement Directive 2006-5I blogged previously about NJ Law Enforcement Directive 2006-5 and it’s 2015 supplement (Directive).

Ordinarily it requires a grand jury to review use of force by law enforcement. The grand jury must determine whether the use of force was legally justified.

But recently internal governmental review without a grand jury presentation determined a New Jersey state trooper who shot a woman’s tire was justified, per the news. In this case, authorities decided not to convene a grand jury to review the officer’s use of force. Read more


New Jersey Attorney General Law Enforcement Directive 2006-5

Grand Jury, Indictment, New Jersey Constitution, New Jersey Attorney General Law Enforcement Directive 2006-5It happens. Not often, not even occasionally, but sometimes it happens. Indeed, “rarely” best describes a grand jury decision not to indict. Accordingly, in a rare occurrence, a Union County grand jury did not indict a police officer for allegedly shooting a man who attacked him. This post will summarize the right to a Grand Jury indictment in the context of New Jersey Attorney General Law Enforcement Directive 2006-5.

Shortly after 7 p.m. on Sept. 20, 2016, an assailant with a two-foot knife threatened residents in Clark, NJ, per the news. He allegedly threatened an elderly woman walking her dog. Subsequently, he chased other residents who came to help her.
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Grand Jury Indictment In New Jersey

New Jersey Grand Jury Charge

In addition to reading this post, please watch this video from the New Jersey Judiciary about the Grand Jury Indictment.

Constitutional Right To Grand Jury Indictment

The New Jersey Constitution prohibits the government from filing criminal charges in Superior Court without approval of the Grand Jury. Therefore, this means requiring the government’s executive branch authorities to file a grand jury indictment is an individual right. This does not apply, however, to Disorderly Persons Offenses filed against individuals by police in municipal courts across the state.

The N.J. Constitution provides, in pertinent part,

“No person shall be held to answer for a criminal offense, unless on the ‎presentment or indictment of a grand jury…” N.J. Const. art. 1, ¶ 8.

“In all criminal ‎prosecutions the accused shall have the right . . . to be informed of the nature and cause ‎of the accusation…” N.J. Const. art. 1, ¶ 10.

What does the right to Grand Jury Indictment mean?

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