Thorofare, NJ asked in Criminal Law and Federal Crimes for New Jersey

Q: Why is it that a lawyer wouldn’t show up for a pre-indictment hearing?

Today was my fiancés pre-indictment hearing, we have been waiting to hear about any discovery found, the strength of the evidence (which as we know it isn’t too strong), the possible charges, etc. However the lawyer did not show and the pre-indictment hearing was literally under five minutes and he now will be indicted by a grand jury. Just a little confused.

Related Topics:
2 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: There may not have been a pre indictment offer and the prosecutor was simply going to grand jury. The PIC is a way for prosecutors to offer a discount on the sentence in exchange for not having to go to GJ. So it may have been a really bad or no offer. You are also provided very cursory discovery at this point. Its kind of like betting before you see the cards.

1 user found this answer helpful

H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: If you paid your lawyer he/she should have appeared for the hearing. It is an important hearing, but generally your lawyer would have already spoken to the prosecutor and some lawyers even go to the court house to pickup that discovery also prior to the hearing because many hearings today are not done in court and we don't want to wait for the mail. So the things you are talking about your lawyer should probably already know. That being said a good lawyer will never skip a hearing especially if he did not tell you about this in advance and give you a good reason on why.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.