Swedesboro, NJ asked in Criminal Law for New Jersey

Q: Why do I have a post indicted arraignment when I haven’t been indicted yet ?

October 2022 I was involved in a car accident. Hit 3 juveniles. Charges with 3 account of attempted murder and three accounts of agg assault. I was released on house arrest. But I haven’t been to court since being released. My court date if October 2023. I wasn’t indicted yet.

Related Topics:
3 Lawyer Answers
Michael A. Smolensky
Michael A. Smolensky
Answered
  • Criminal Law Lawyer
  • Cinnaminson, NJ
  • Licensed in New Jersey

A: Mistakes can certainly happen. Ordinarily, however, the Superior Court does not schedule the Arraignment until an indictment has been filed. Presumably you were either appointed an attorney through the Office of the Public Defender or you have retained private counsel. Therefore, either of them would be able to address this situation. Of course, if you are considering a private attorney, experience suggests that it is strategically advantageous to act sooner rather than later.

Amber Forrester
Amber Forrester
Answered
  • Criminal Law Lawyer
  • Trenton, NJ
  • Licensed in New Jersey

A: While it is not impossible that it was listed erroneously, the odds are that you have been indicted and are just not aware of it yet. Grand jury presentments are secret proceedings that you are not made aware of beforehand, and the filing of the indictment is often the first time you learn your case has been presented. The attorney of record for your case, whether public defender or private counsel, would receive a notification via email that the indictment has been filed, so reaching out to your lawyer is the fastest way to verify that you have been indicted and get a copy of it. If you applied for a public defender but have not yet spoken to a specific lawyer, call the office to learn who your assigned attorney is. If you intend to retain private counsel, you should begin your search as soon as possible so that you are attending that court date with an attorney by your side. At the point of indictment, the prosecutor’s obligation to turn over discovery attaches, so whether your lawyer is private or public, there’s likely a lot more to talk about with him or her now.

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

A: Most likely you have been indicted and your attorney just didn't tell you yet (not good). Obviously it can always be a mistake by the clerk of the court, but that is rare and in 30 years of practice this has never happened in one of my cases.

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.