In 2015, the New Jersey Attorney General issued the “ Independent Prosecutor Directive ,” establishing a process to ensure that officer-involved shootings be investigated fully, fairly, and independently of any potential bias.
One of the most difficult decisions prosecutors must make when investigating an officer-involved shooting is whether to present their case to a grand jury for indictment. By presenting the case, prosecutors allow a panel of 16 to 23 civilians to decide whether to issue criminal charges against the officers involved.
The office is responsible for the prosecution of federal criminal statutes for all of New Jersey, from acts of terrorism to public corruption, white-collar crime, organized crime and gang activities, internet-related crimes, drug importation through New Jersey ports, and many other criminal acts.
Under the Independent Prosecutor Directive, the prosecutor is required to present such cases to the grand jury, except in situations whether the Attorney General’s Office has reviewed the matter and determined that the undisputed facts indicate that the use of force was legally justified.
If the grand jury returns an indictment, the court will typically issue an arrest warrant, which orders police to apprehend the defendant named. In some cases, prosecutors may seek a summons, which states a date by which the defendant must appear in court for formal arrest and charges.
90 daysHow Long Does a Grand Jury Have to Indict Someone? County prosecutors have 90 days from the date New Jersey charged you with a criminal offense to present evidence to a grand jury and receive an indictment against you. The state must try or resolve the case within 180 days of the date of the indictment.
A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct.
The Criminal Investigations Bureau is comprised of five (5)units: Fugitive Unit. Major Crime North Unit. Major Crime South Unit.
As for what is a grand jury dismissal, that occurs when a grand jury is convened to consider indictment on a charge, and it's determined that the case isn't strong enough. The grand jury then can dismiss or "no-bill" the charge, or the prosecutor can dismiss it.
The arraignment occurs within 14 days if the indictment. Upon notification by the criminal division, the defendant must appear before a judge for the arraignment.
In New Jersey, constables are peace officers with limited powers, including the authority to arrest offenders, deliver writs and subpoenas and provide security, among other duties. They are appointed to three-year terms by a council person in the township where they live.
To make a complaint you may: Call the Office of Professional Standards at our toll free recorded hot line: 1-877-253-4125, to speak to a representative Monday through Friday, between 9:00 am and 5:00 pm. After 5:00 pm leave a message.