Rule 3:4-3 of New Jersey’s Rules of Court establishes a defendant’s right to a Probable Cause Hearing under some circumstances. Although some jurisdictions call a Probable Cause Hearing a “preliminary hearing,” the standard is pretty much the same. This article will discuss what happens at a Probable Cause Hearing in New Jersey. After we clarify this, we’ll talk about how the finding of probable cause impacts you and what Brad V. Shuttleworth, Esq., and Shuttleworth Law P.C. can do to help you.
How Courts Find Probable Cause in New Jersey: Pretrial Detention Hearings, Indictments, & Probable Cause Hearings
Probable Cause Hearings are rare in New Jersey. The usual method by which New Jersey Courts find probable cause is by Indictment. An Indictment is when a Grand Jury finds probable cause. The Indictment is the formal charging document for criminal charges in New Jersey. Prosecutors like the Indictment process because neither the defendant nor the defendant’s lawyer can cross examine witnesses. The defense also can’t examine any physical evidence presented to the grand jury. The other time the Courts find probable cause is at a Pretrial Detention Hearing. There, a judge can find probable cause.
This means there are three times when a Court can find probable cause in New Jersey. Let’s discuss the concept of probable cause, followed by each of the three avenues for finding probable cause.
Probable Cause: What is It, and When is It Necessary?
Probable cause is a low standard. It’s a legal concept that is based on the totality of the circumstances present in any given criminal case. A finding of probable cause, whether it is from a judge or a grand jury, must be supported by sufficient facts allowing them to make a determination whether it’s more likely than not that the defendant committed a crime.
After a criminal complaint, either a judge or a Grand Jury must find probable cause for the case to move forward. Probable cause determines two issues: First, the judge or grand jury must believe there is probable cause to believe that a criminal offense happened. Second, the judge or grand jury must find probable cause to believe that it is the defendant who committed that criminal offense.
Pretrial Detention Hearings
In New Jersey, a judge can and often does find probable cause at a Pretrial Detention Hearing. Pretrial Detention Hearings are hearings with a judge presiding and the prosecution seeks to keep the defendant in jail before trial. Their primary purpose is to require the prosecution to prove that the Defendant must remain in custody because there are no conditions of pre-trial supervision that can provide reasonable assurances that the defendant will appear at his court hearings.
The prosecution has to prove that probable cause exists to keep the defendant in jail before trial. That requires that the judge find probable cause to believe that the defendant committed the underlying criminal offense.
Grand Jury Indictments
The Grand Jury is a panel made up of twenty-three (23) residents of the county where the prosecution happens. The State presents evidence of criminal conduct in secret proceedings intended to protect witnesses and ongoing criminal investigations.
The Grand Jury will return an Indictment if, after receiving evidence, the Grand Jury believes the State has established a prima facie case that a crime happened and that the defendant is the one who committed it.
At a Grand Jury, the proceeding where probable cause is found in the overwhelming majority of cases in New Jersey, you can’t cross examine the prosecution’s witnesses. Your lawyer can’t even cross examine the prosecution’s witnesses. It a completely one-sided affair.
Probable Cause Hearings
Finally, Probable Cause Hearings are the third and least common way for a court to find probable cause. At a Probable Cause Hearing, the State must establish probable cause that the defendant committed the offense charged in the complaint.
As previously stated, there is no need for a Probable Cause Hearing if a Grand Jury returned an Indictment. Probable Cause Hearings only happen in cases where the defendant is not subject to pretrial detention and there’s no Indictment. A Probable Cause Hearing is still unlikely because the prosecutor can refer the case to a Grand Jury at any time. Even if the prosecutor takes a long time to get an Indictment, you’re not likely to get a Probable Cause Hearing.
What Happens if Probable Cause is Not Found?
If the Court or Grand Jury don’t find probable cause, then the case cannot proceed. In New Jersey, a case is initiated by the filing and acceptance of a criminal complaint by the court, but the formal criminal justice process does not start until the court issues either a summons or an arrest warrant in the case. Then, for Indictable Offenses, there has to be a finding of probable cause. If the Court finds there’s no probable cause, then it has to dismiss the charges.
What Happens After a Finding of Probable Cause
The criminal case proceeds to the trial stage after a finding of probable cause. This is regardless of a finding of probable cause at a Probable Cause Hearing or through the return of an Indictment. If found guilty, you could be subject to a fine, a probation, or some period of incarceration in New Jersey’s prison system at the end of that criminal process.
A Finding of Probable Cause is Not a Finding of Guilt
You cannot be found guilty or innocent at a Pretrial Detention Hearing, a Probable Cause Hearing, or through an Indictment from the Grand Jury. These processes only focus on whether or not there is probable cause for your case to proceed to trial.
Probable Cause & Pretrial Detention
If Probable Cause is found at your Pretrial Detention Proceeding then you could remain in jail prior to your trial. This can impact every aspect of your life, from your family to your job, and it is just one reason why you need talented legal representation at that hearing.
How an Experienced Criminal Defense Lawyer Can Help
Hiring experienced counsel, like the attorneys at Shuttleworth Law P.C., at the outset of your case gives you the best possible chance of avoiding a lengthy pretrial detention, preparing for trial, or, in some cases, preventing a finding of probable cause altogether. Our experience helps us:
- Prepare the cases and prepare our clients for early hearings;
- Call witnesses to fight against a finding of probable cause;
- Get clients out of jail before trials; and
- Explore the State’s evidence and case to better prepare for and win at trial.
Learn More with a Free Case Evaluation
You have a short window to secure legal representation between now and your Pretrial Detention Hearing or Indictment. The New Jersey criminal defense lawyer at Shuttleworth Law P.C. will move quickly to make the most out of this vital hearing. A well-executed defense strategy will set the stage for the rest of your case.
Shuttleworth Law P.C. welcomes the accused and their loved ones to contact our office for a no-cost, no-obligation discussion. You’ll speak with our founder, Brad V. Shuttleworth, Esq., directly. Call us to schedule your Free Case Evaluation at 888-529-3486 or message us online.
