New Jersey Criminal Defense Attorney Adam M. Lustberg Explains the Impact of an Indictment

New Jersey criminal defense attorney Adam M. Lustberg (https://www.lustberglaw.com/blog/does-indictment-mean-jail-time-in-new-jersey/) of Lustberg Law Offices, LLC, has provided crucial insights into the indictment process and its implications for individuals facing criminal charges in New Jersey. In the latest article, Lustberg clarifies a common misconception: an indictment does not automatically result in jail time. Rather, it serves as a formal charge, not a conviction, and is just one step in the criminal justice process.

An indictment is issued by a grand jury when it determines there is sufficient evidence, or probable cause, to charge an individual with a crime. However, as Lustberg explains, this does not mean the accused is guilty or that incarceration is inevitable. Many individuals remain free while awaiting trial, depending on factors such as bail conditions and the severity of the charges. New Jersey criminal defense attorney Adam M. Lustberg emphasizes the importance of legal representation during this stage, as a strong defense can significantly impact the case's outcome.

The New Jersey criminal defense attorney notes that an indictment in New Jersey is the result of a grand jury process, where 23 citizens review evidence presented by the prosecutor. The grand jury does not determine guilt or innocence but decides whether the case should proceed to trial in Superior Court. If a majority of the jurors vote in favor of an indictment, a "true bill" is issued, allowing the prosecution to move forward with formal charges. If there is insufficient evidence, the grand jury returns a "no bill," and the charges are dropped.

"The purpose of an indictment is to help ensure that serious felony accusations have been reviewed by a grand jury before proceeding to trial," said Adam M. Lustberg. "It acts as a safeguard against baseless charges but does not mean a person is automatically guilty or heading to jail."

One of the most pressing concerns for individuals facing indictment is whether they will be incarcerated. As Lustberg explains, being indicted does not mean immediate jail time. An indictment simply means formal charges have been filed, and the case will proceed through the legal system. Whether a defendant remains free before trial depends on bail conditions and other legal factors.

In New Jersey, many defendants are released on bail or pretrial monitoring unless the court deems them a flight risk or a danger to public safety. Lustberg stresses that a well-prepared defense can influence pretrial release conditions and help defendants avoid unnecessary detention.

However, an indictment does signal that the charges are serious. Indictable offenses in New Jersey-equivalent to felonies-carry potential prison sentences of at least one year upon conviction. Crimes such as robbery, aggravated assault, and drug distribution require indictment before they can proceed to trial. Still, as Lustberg notes, until a conviction is secured, an indictment alone does not guarantee imprisonment.

Once indicted, a defendant must navigate several critical steps in the legal process. The first is the arraignment, a formal hearing where the charges are read, and the defendant enters a plea. If the case moves forward, pretrial motions and conferences follow, during which the defense attorney and prosecutor discuss case details, potential plea deals, and trial preparations.

Lustberg highlights that many cases are resolved before trial through plea agreements, diversion programs, or legal motions. For example, defendants may be eligible for New Jersey's Pre-Trial Intervention (PTI) program, which allows first-time offenders of certain low-level felonies to avoid conviction if they meet specific conditions. In some cases, charges may also be reduced or dismissed based on insufficient evidence, legal errors, or new developments in the case.

For those who do go to trial, the prosecution must prove guilt beyond a reasonable doubt. A jury of 12 members will hear evidence and determine the verdict. If the defendant is acquitted, the indictment becomes irrelevant. If convicted, sentencing follows, with penalties based on the severity of the crime.

Given the complexity of the indictment process, New Jersey criminal defense attorney Adam M. Lustberg urges individuals facing indictment to seek legal counsel as early as possible. A strong defense strategy can significantly impact case outcomes, from negotiating favorable plea deals to challenging weak evidence or procedural errors.

"An indictment is not the end of the road," Lustberg stated. "There are many opportunities to fight the charges, challenge evidence, and protect your rights. The key is having experienced legal representation to guide you through the process."

For those who suspect they may be under investigation or facing indictment, early legal intervention can make a critical difference. Consulting with an attorney before formal charges are filed can help individuals prepare for potential legal challenges and develop a proactive defense strategy.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a New Jersey-based law firm dedicated to criminal defense. Led by attorney Adam M. Lustberg, the firm represents clients facing a wide range of charges, including indictable offenses. With a commitment to protecting clients' rights, Lustberg Law Offices, LLC provides skilled legal representation throughout every stage of the criminal justice process.

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