Form 193: Indictments in Criminal Cases in Superior Court

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 193: Indictments in Criminal Cases in Superior Court

Indictments in Criminal Cases in Superior Court

Compiled by Kenneth A. Vercammen, Co-Chair of ABA Criminal Law Committee, Past Chair NJ State Bar Municipal Court and DWI Section

Our office represents people charged with criminal offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted of a criminal offense, you face prison, high fines, Probation and other penalties. Don't give up! Our Law Office can provide experienced attorney representation for criminal matters. Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

The NJ Judiciary Website has an excellent helpful definitions of Indictment and what happens in criminal cases http://www.judiciary.state.nj.us/criminal/crproc.htm#indictment

The Criminal Division of Superior Court manages criminal complaints from the time they are lodged to their resolution or "disposition". The accused, or "defendant" is charged with an offense as a result of a formal complaint issued by a law enforcement agent or a citizen who believes an offense has been committed against their person or property. It can also result from an "indictment" by a panel of citizens gathered to consider evidence, called a "grand jury". Arrests can occur at the scene of a crime or based on warrants or sworn statements ordering a court appearance. All arrests must be based on "probable cause", or reasonable grounds to believe that an offense has been committed, and the defendant may have committed the offense. Complaints state the reasons for the charge, and refer to offenses listed in the "New Jersey Code of Criminal Justice" (Title 2C) that includes all of the laws against criminal behavior.

Criminal offenses are heard, or considered in Superior Court, and are more serious than non-criminal charges heard in municipal courts where the offense occurred. Defendants found guilty, or "convicted" of crimes face more serious consequences, with punishments spanning probation supervision and fines to the loss of liberty through confinement for a year or more. Crimes are classified by degree. Degrees range from first to fourth degree offenses. A First degree crime carries the potential penalty of 10-20 years in prison. A Second degree crime carries a potential penalty of 5-10 years. Defendants who are convicted of first and second degree crimes face a presumptive term of incarceration. It is assumed...