Last reviewed . Law current as of October 2026.
A New Jersey grand jury has 23 members and meets in a closed session where the prosecutor presents evidence, usually through police testimony. No one can be indicted unless 12 or more jurors agree; otherwise the result is a no bill. The prosecutor must present known evidence that directly negates guilt and is clearly exculpatory (State v. Hogan, 1996), but does not have to present the defense case.
Who is in the room
The grand jurors, the prosecutor, a court reporter, and the witness who is testifying. The person charged and the defense lawyer are generally not present. The NJ Courts standard grand jury charge says the grand jury has 23 members, 12 are a quorum, and no one can be indicted unless 12 or more agree (Directive #12-06).
What the jurors decide
They do not decide guilt. They decide whether the evidence is enough to charge the person with a crime and send the case to trial in the Superior Court. If 12 jurors do not agree, the result is a no bill, and the charge does not go forward on that presentation.
The prosecutor's duty
Under State v. Hogan, 144 N.J. 216 (1996), the prosecutor must present evidence the prosecutor knows of that both directly negates guilt and is clearly exculpatory, judged by its quality and reliability in the context of the State's case. Evidence that only raises credibility questions does not count, and the duty arises only in rare cases. A failure here, or misleading the grand jury, can support a motion to dismiss the indictment.
Use the time before the presentation
- Talk with the prosecutor about a downgrade to municipal court
- Apply for PTI early
- Consider whether to waive indictment as part of a negotiated resolution
- Gather records that matter to the prosecutor's charging decision
Frequently asked questions
How many grand jurors must agree to indict in New Jersey?
At least 12 of the 23.
Can my lawyer be in the grand jury room?
Generally no. The defendant and defense lawyer are not present during the presentation.
What is clearly exculpatory evidence?
Under State v. Hogan, known evidence that directly negates guilt and is clearly exculpatory given its reliability. The prosecutor must present it; evidence that only goes to a witness's credibility does not qualify.
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.