Category: Constitution of New Jersey

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 prosecutor from filing criminal charges in Superior Court without approval of the Grand Jury. Therefore, the requirement for the government’s executive branch to file a grand jury indictment is an individual right. This does not apply, however, to every complaint filed in municipal courts across the state.

Thus, the N.J. Constitution provides,

“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 (emphasis added).

“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 (emphasis added).

What does the right to Grand Jury Indictment mean?

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Freedom of Speech and The First Amendment

Freedom of Speech and Expression

freedom of speechThe First Amendment to the United States Constitution guarantees freedom of speech and expression. Restricting government interference, it provides, “Congress shall make no law . . . abridging the freedom of speech . . . .” U.S. Const. amend. I. Though originally limiting the powers granted to Congress in Article I, courts apply the First Amendment to the States. Gitlow v. New York, 268 U.S. 652 (1925) (incorporating freedom of speech into the Fourteenth Amendment). This limits ‎federal and state control over speech in the “public forum.” Sidewalks, streets, and other publicly owned areas comprise the “public forum.” Thus, the law secures the right to Read more

Standing—Getting Your Client His Day in Court

Standing

standingThis entry will explain New Jersey and Federal law as each relates to suppression motion standing.

First, this will set forth the general standards under state law.

Next, this will explain standing under federal law.

Finally, this will define the particular categories for standing under state law. Read more