Monmouth County Pre-Indictment Conference Defense Lawyers
Pre-indictment conferences are utilized by the Monmouth County Prosecutor’s Office in an effort to relieve the court of system of less serious indictable offenses believed to be ripe for resolution. Although there is no limitation on the type of case that may be placed on the calendar for possible resolution, pre-indictment conferences are generally designed to provide a more streamlined mechanism for resolving third degree and fourth degree crimes. Criminal charges within these grades of offense are generally more prone to quick resolution since they carry the least severe penalties (e.g. 0-5 years in prison and $15,000 in fines) than those of the second degree or first degree. A pre-indictment conference provides a nice opportunity for the prosecutor and your Monmouth County criminal defense attorney to meet early on in a criminal case in hopes of reaching a mutually acceptable plea bargain.
If you were charged with a criminal offense that is now listed for pre-indictment conference in Freehold at the Monmouth County Superior Court, the time to consult an attorney is now. The primary reason is that you will be expected to make a decision concerning acceptance of a plea offer which is supposed to be the very best one that the prosecutor shall make over the life of your case. Representation by a Monmouth County Pre-indictment conference lawyer that has sufficient experience to know when a plea offer is favorable or worthy of rejection is an absolute necessity. This is exactly what the lawyers at our law office bring to the table.
We are Marshall Criminal Defense & DWI, what is not only the largest law firm specializing in New Jersey criminal law in Monmouth County but also the one that is most jam packed with qualifications to ensure you achieve the best resolution of your case. Our team can offer you:
- Over 200 years of combined experience defending representing clients in the Criminal Division of the Monmouth County Superior Court in Freehold New Jersey
- 15 attorneys that limit their practices to representing the accused
- Former Monmouth County Prosecutors that have served at the highest levels for decades including the Director of Major Crimes, Domestic Violence, Juvenile and even the entire Trial Division
- Certified criminal trial attorneys
- A long and rich history of favorable outcomes and success stories of cases resolved at a Pre-indictment Conference in Freehold
We certainly have the skills to defend you, including an aptitude to effectively argue the facts and law of your case, so that you are offered the most favorable resolution. To speak to a lawyer on our staff about the possibility of handling your pre-indictment conference, call our Freehold Office at 732-462-1197 for a free consultation.
Freehold NJ Pre-Indictment Conference Attorneys
As previously stated, some types of charges are more susceptible to early resolution at pre-indictment conference without need for Grand Jury proceedings than others. Violations typically targeted in this manner include:
- Possession of heroin, cocaine, MDMA and other forms of controlled dangerous substances (“CDS”);
- Aggravated assault;
- Burglary;
- Credit card theft and fraud;
- Terroristic threats;
- Distribution of marijuana;
- Criminal mischief; and
- Third degree shoplifting
When you appear in Freehold at your pre-indictment conference, the judge will expect you to be prepared to resolve your case. This is why it is so important to have an experienced criminal attorney at your side, one who is savvy enough to know if the plea bargain you have been offered is a fair one. This is supposed to be the very best plea offered by the prosecutor during the course of the matter. If you reject the offer, the matter is listed for Grand Jury and the resolution is to be forever lost. The following are some of the Court Rules, Directives and other authorities that come into play whenever someone has a case listed for a Pre-indictment Conference.
Court Rule 3:4-6
R. 3:4-6, which is captioned “Pre–Indictment Disposition Conference”, is the New Jersey Court Rule that provides the authority to a court to conduct a Pre-Indictment Disposition Conference. It also sets forth the purposes for this hearing. In terms of its particulars, the rule is extremely short and says that “[t]he court shall conduct a conference for the purpose of discussing and/or finalizing any pre-indictment dispositions. The conference shall be conducted on the record, in open court in the presence of the prosecutor, the defendant and defense counsel.” What this rule is basically outlining is the fact that the purpose of a pre-indictment disposition conference is to get all the relevant parties into a room in hopes of reaching a pre-indictment disposition of a case, in other words, a plea that is acceptable to both sides that will resolve the charge(s).
Court Rule 3:4-7
This Court Rules contains the “meat” of how Pre-indictment Conferences are to be conducted. Subsection (a) limits these proceedings to charges involving indictable criminal charges, meaning that only first degree, second degree, third degree and fourth degree crimes can be dealt with at a Pre-indictment Disposition Conference. As previously stated, the bulk of criminal charges heard at these hearings are limited to third and fourth degree crimes, although there are instances where the prosecutor and defense attorney will list a more serious case that they believe presents an opportunity for early resolution.
The police reports, video evidence, laboratory reports and other evidence that form the basis for law enforcement’s case against a defendant is commonly referred to as “discovery”. R. 3:4-7(c) imposes an obligation on the Monmouth County Prosecutor to provide all of this information, if available, to the defendant no later than 3 days prior to the Pre-indictment Disposition Conference. You should know, however, that R. 3:13-3 provides the prosecution with authority to withhold discoverable material that would hinder or jeopardize an ongoing investigation provided the material isn’t exculpatory (i.e. evidence that tends to establish the innocence of the defendant).
Plea Bargaining at a Monmouth County Pre-indictment Disposition Conference
The process and guidelines previously set forth are intended to provide the framework for a proceeding where a defendant and his criminal attorney can fully digest the discovery and make an informed assessment of the strength (or weakness) 0f the case so that they can make an informed decision as to whether or not to accept what is supposed to be the prosecutor’s best plea offer. This will often involve a proposal to plea guilty to a downgraded criminal offense (e.g. plead guilty to a disorderly persons offense, conspiracy, etc.) or to one that involves less severe penalties than would customarily be expected (e.g. probation as opposed to a custodial sentence, county jail time instead of state prison, no probation instead of a period of probation, etc.). In some instances, the prosecutor will even agree to a Remand, which is an agreement to send the case to Municipal Court, downgrading the charge to a Disorderly Persons Offense. The benefit of this relief is to provide the defendant with another opportunity to further downgrade the charge in Municipal Court (e.g. reduction of the offense to an ordinance violation or possibly even obtain a dismissal). Finally, there is also the opportunity for the defendant resolve the case through the Pretrial Intervention Program or even through Conditional Dismissal.
If a case is resolved in accordance with a plea, the prosecutor must prepare an accusation to the specific criminal charge to which the defend will be pleading. The defendant will have to plead guilty to the accusation and waive his/her right to be indicted by a Grand Jury in order to proceed with the plea. He/she will also have to complete plea forms, provide a factual basis where they admit guilt to the accusation. In many cases resolved in this manner, the defendant will be simultaneously sentenced. There are also instances where the normal sentencing process is followed, namely, where the case is rescheduled for a later date so that probation can prepare a pre-sentencing report that is provided to the court.
If a case isn’t resolved a Monmouth County Pre-indictment Conference, it is referred to Grand Jury for Indictment. The general rule is that the plea offered at the conference cannot be resurrected and that the punishment provide for in any plea will escalate.
Freehold Pre-Indictment Disposition Conference Attorney
The lawyers at our Monmouth County criminal firm have handled thousands of cases originating in the venue, and countless that we have been able to favorably resolve for clients at their Pre-indictment Conference. We know when a plea offer is a good deal for our client and should be accepted and when a client is being shortchanged. This is precisely what you need from your Freehold pre-indictment conference lawyer. To speak to an attorney at Marshall Criminal Defense & DWI able your upcoming hearing or any other aspect of your Monmouth County criminal case, call our Freehold Office at 732-462-1197.
