Last reviewed . Law current as of October 2026.
In New Jersey, a person charged with an indictable crime cannot be tried unless a grand jury returns an indictment or the person waives it. The prosecutor presents evidence in private to the grand jury, which decides whether there is enough to charge. At least 12 grand jurors must vote to indict.
Key takeaways
- A grand jury of citizens hears the prosecutor's evidence and decides whether to indict.
- The prosecutor's duty to present favorable evidence (State v. Hogan) is narrow and arises only in rare cases.
- The time before indictment can be a window to negotiate or apply for diversion.
What is a grand jury and do I testify?
- The prosecutor reviews the complaint and decides what to present.
- The grand jury hears witnesses, usually police officers, in a closed session. The defendant and defense lawyer are generally not present.
- The prosecutor must present evidence that clearly negates guilt if it is known.
- The grand jury votes. At least 12 jurors must agree to indict.
- If indicted, the case moves to arraignment in Superior Court. If not (a "no bill"), the charges end unless re-presented.
What can happen before an indictment?
Before the case is presented, your lawyer can talk with the prosecutor about a downgrade to municipal court, a pre-indictment plea, or PTI. Some defendants waive indictment and proceed by accusation as part of a plea.
What happens after an indictment?
- Arraignment and discovery
- Motions to dismiss the indictment or suppress evidence
- Status conferences and plea negotiations
- Trial by jury
Does the prosecutor have to present evidence that helps me?
A New Jersey grand jury has 23 members. Twelve are a quorum, and no one can be indicted unless 12 or more jurors agree (Directive #12-06; Rule 3:6-8(a)). If they do not, the result is a "no bill."
The prosecutor does not have to present the defense case. But under State v. Hogan, 144 N.J. 216 (1996), the prosecutor must present evidence that is clearly exculpatory: evidence that directly negates guilt and is clearly credible on its own. Leaving it out can support a motion to dismiss the indictment.
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
Frequently asked questions
How many grand jurors must agree to indict?
At least 12 of the 23 jurors.
Can I testify at the grand jury?
Defendants rarely do, and it carries real risks. Discuss it with a lawyer.
What is a no bill?
A grand jury's decision not to indict.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
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.