If you have received notice to appear in Pre-Indictment court in Monmouth or Ocean Counties you should take this date seriously. This an opportunity to see what the State is offering at an early disposition conference prior to the matter being presented to the Grand Jury. Sometimes the State is offering a deal that should be rejected, while other times PIP is an opportunity to convince the Prosecutor that they have a weak case and they should be weary proceeding forward. An attorney that is experienced in reviewing evidence could convince the State to lower the felony to a disorderly persons and or have your matter sent back to municipal court. If you are charged with a serious drug offense, such as distribution of CDS, but the weight is questionable, it is possible to have the matter lowered to a non felony offense or possibly apply to Pre-Trial Intervention. Of course, these examples are fact dependent and require careful review.
What is the Grand Jury?If you have been charged with a felony offense in the Superior Court, the Prosecutor will most likely present your matter to the Grand Jury. The Grand Jury is a very one-sided proceeding because neither the defendant nor defense counsel are present (however, there are some exceptions where a defendant is invited to testify by the Prosecutor). Once your case is indicted, you will then be given an arraignment date before a Superior Court Judge.
Why Pre-Indictment Court takes a Lawyer with tremendous experience?Pre-Indictment Court (PIP) is a court designed to resolve cases in the preliminary stage, before the matter has been presented to the Grand Jury. Depending on the facts of the case and the offer provided by the State, it could be beneficial to resolve your matter in this court. Ms. Breslow is very familiar with both the PIP court procedure as well as how to best advise you as to whether you should take an early plea deal. Ms. Breslow has handled numerous cases in PIP court and she will be able to counsel you on how to proceed in PIP. Sometimes the State will make an offer that will be available post Grand Jury so it is worth having your matter presented to the Grand Jury. Other times, it is an opportunity to convince a Prosecutor to remand the matter down to municipal court, where the consequences are far less severe. In addition, if appropriate for your case, she will be proactive at getting your matter listed for PIP court if you have not been given a date to appear there.
If you have questions concerning Pre-Indictment Court (PIP), contact Ms. Breslow immediately for your free consultation.