Pre-Trial Stages

Michael J. DeBlis III, Esq.Partner

DeBlis Law

Pre-Trial Stages

These stages are patterned after a criminal case in the New Jersey Superior Court.

Pre-Trial Stages

• (1) You’ve been hired!• (2) Review the criminal complaints. Review your

New Jersey Criminal statute book to familiarize yourself with the elements of each criminal offense along with how these elements are interpreted by the Appellate Division and by the New Jersey Supreme Court

• (3) Meet with your client to conduct a thorough interview

Pre-Trial Stages

• (4) File a bail motion if your client is incarcerated

• (5) Speak to the prosecutor to determine whether the case can potentially be resolved by way of a plea to an accusation before it is presented to the grand jury (i.e., in Early Disposition Court)

Pre-Trial Stages• (6) If the case cannot be resolved pre-indictment, the

case will be presented to a grand jury. A grand jury consists of 23 individuals who are assembled to hear only the prosecutor’s version of the case. If a majority of the grand jury (at least 12) finds probable cause to believe that a crime has been committed and that your client committed it, it will return a “true bill of indictment.” You are entitled to a copy of the transcript from the grand jury proceeding. This usually consists of the testimony of the lead detective along with the prosecutor reciting the charges that he or she wants the grand jury to consider along with the elements of each individual charge

Pre-Trial Stages

• (7) Once the case is indicted, this will “kick off” a series of court appearances for your client:– Post-indictment arraignment– Initial Disposition Conference– Final Disposition Conference– Motion hearings– Pre-trial conference

Pre-Trial Stages

• (8) If the case is indicted, you will receive a copy of the indictment along with the accompanying discovery. Discovery consists of written police reports and electronic CDs and DVDs such as photos and statements made by any of the parties involved in the case (i.e., victim, witnesses, your client).

• (9) Carefully read the indictment and all of the accompanying discovery.

Pre-Trial Stages

• (10) Begin brainstorming and organizing materials (see handout)

• (11) Plea bargaining begins. Case may resolve by way of a plea. However, if both sides are at an impasse the case will proceed to trial.

Pre-Trial Stages

• (12) Determine what if any pre-trial motions need to be filed. During pretrial motions, the judge will decide whether certain evidence may be legally used at trial. At this time, a criminal defense attorney will raise constitutional objections such as illegal searches or coerced confessions. Both sides may also argue that proposed evidence is either inflammatory or that it is irrelevant to the case. Pretrial motions determine the outcomes of many cases that hinge on a single key piece of evidence and routinely result in dismissals, reduced charges, or revised plea offers.