If you’re facing an indictable (felony-level) charge in New Jersey, at some point you’ll hear about the grand jury. It’s a step that confuses almost everyone, because it works very differently from the trial people picture. Understanding what the grand jury does — and where the defense can influence it — helps make a frightening process less of a black box.
What the grand jury is
For indictable crimes (handled in Superior Court, not municipal court), the case generally must be presented to a grand jury — a group of citizens who decide whether there’s enough evidence to formally charge a person with an indictment. Their job isn’t to decide guilt; it’s to decide whether the case should move forward to be prosecuted.
“True bill” vs. “no bill”
- True bill — the grand jury finds enough evidence; an indictment is returned and the case moves toward trial or resolution in Superior Court.
- No bill — the grand jury declines to indict on the charge presented.
- Downgrade or remand — a matter can sometimes be resolved or sent to municipal court at a lower level instead.
Where the defense makes a difference
Even though the defense typically isn’t in the grand jury room, there’s meaningful work to be done around it:
- Pre-indictment resolution — many cases are resolved before the grand jury, through negotiation, diversion like Pretrial Intervention, or a downgrade to a disorderly persons offense.
- Submitting information — in appropriate cases, providing exculpatory material the State should consider.
- Challenging the indictment later — an indictment can be challenged if the process was defective.
- Building the defense early — the suppression issues, the proofs, and the weaknesses identified now shape everything downstream.
After the indictment
An indictment is not a conviction — it’s the formal charge. From there the case proceeds through discovery, motions (including suppression challenges), negotiation, and potentially trial, with the same defenses and diversion options available depending on the charge. The grand jury is one step in a longer process, not the end of it.
Facing an indictable charge? The pre-indictment window matters
Some of the most valuable defense work happens before the grand jury ever meets. If you or a loved one is facing an indictable charge anywhere in New Jersey, it’s worth a free, confidential call early — while there’s still room to shape where the case goes.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.