May 14, 2004

Major Crimes:  Frequently Asked Questions

by W. Timothy Howes, Esq.

Tim Howes has had seventeen years experience with major crimes, both as a prosecutor and as private defense counsel.  When the police investigate an indictable offense, the consequences can be dire.  You need an attorney sooner rather than later.  Click on this article for basic information on the process for major crimes.

1.  What is an indictment and the grand jury?

The New Jersey Constitution requires that the State present your case to a grand jury before trying, convicting and sentencing you.  A grand jury meets in secret.  For each case in which the prosecutor seeks an indictment, he or she presents evidence before the grand jury from which the grand jury will decide whether there is probable cause to believe that a crime occurred.  If there is probable cause, then the grand jury returns an indictment, which is merely a formal charge against the person.

2.  Should I give a statement to the police?

Not before talking to an attorney.  Giving a statement to the police without first consulting with an attorney is a very bad idea.  If you find that you are a target of a criminal investigation, and the police are requesting that you give them a statement, you must call an attorney immediately for a confidential consultation.

3.  What crimes can send me to jail or prison?

There is a presumption of incarceration for homicide and all crimes of the first and second degree, regardless of whether you have ever been arrested or convicted of an offense.  If you have a criminal history, then less serious third and fourth degree offenses can send you to prison.

4.  Is there mandatory minimum sentencing in New Jersey?

Yes.  Over the past two decades there have been numerous new laws with mandatory minimum prison sentences ("stips").  The most common ones are:  Murder, aggravated manslaughter, manslaughter. aggravated sexual assault, upper level narcotics offenses, second offense narcotics distribution, offenses with a firearm and all crimes of violence.

5.  What does the constitution say about police practices regarding arrest, search and seizure?

Howes & Howes has specialized in search and seizure cases.  As a general matter, the police need probable cause or a warrant to make an arrest or a search.  There are lesser standards for other, less intrusive police actions.  When the police seize evidence or make an arrest in violation of the constitution, we file a motion to suppress evidence.  To know more about a motion to suppress, consult an attorney.

This article can be found on the web at: http://www.njcases.com/25/

If you need legal help in matters similar to those described in this document, call Howes & Howes for a prompt, confidential consultation.

Howes & Howes

26 Anderson Street

Raritan, New Jersey 08869

Telephone: (908)704-0037

email: info@njcases.com