The post-indictment arraignment in New Jersey typically occurs after a Grand Jury hearing. At the Grand Jury hearing, a 23-person Jury will hear the evidence presented by prosecutors, and determine whether or not there is a basis for formal charges to be issued against the defendant.
The next step is to attend the post-indictment arraignment. Not sure what will happen at this arraignment? Here is an overview of the basics.
The Post-Indictment Arraignment Is Where You Are Advised Of The Charges Against You
This is the first time a defendant will appear before a Superior Court Judge after being indicted by a grand jury. The prosecutor will advise the defendant of the charges that are being brought against them, as decided during the Grand Jury hearing. In most cases, this arraignment is held about 2 weeks after the initial indictment.
Defendants Will Plead Guilty Or Not Guilty At Your Arraignment & Further Proceedings Will Begin
Once a defendant has been advised of the charges that are being brought against them, they may enter a plea of guilty or not guilty through their attorney. Depending on how the defendant pleads, the next steps will differ.
- Guilty – If a defendant pleads guilty, a sentence date will be set. The Superior Court Judge will determine what the proper sentence is, based on the evidence, testimony, and other information gathered throughout the trial process, and deliver this sentence to the defendant.
- Not guilty – If the defendant pleads not guilty, a Pre-Trial Status Conference will be scheduled. This conference is usually set for 30-45 days after the arraignment. This is where plea arrangements may be made. If a plea bargain is not reached, a tentative trial date will be set, and the case will go to trial.
A lot depends on what happens during the post-indictment arraignment, as this is where defendants may choose to plead guilty, or choose to plead not guilty and go through plea bargaining arrangements or a trial. It’s important for defendants to have experienced representation from an personal injury attorney at this time to ensure the best possible outcome for their case.
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