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Indictable Offense: A Terrifying Synonym For Felony

Indictable Offense

An indictable offense is just a big fancy word

Indictable offenses are felony crimes.

If you are charged with an indictable offense, you will face prison time.

New Jersey has four categories of indictable offenses.

These categories are organized by degree.

For example, First-Degree, Second-Degree, Third-Degree & Fourth-Degree crimes.

Here’s an easy rhyme to remember which degree is the most severe.

First is the worst! See how it rhymes?

First-degree indictable offenses start with a minimum mandatory sentence of ten years in prison.

Check out this New Jersey Indictable Offense Chart

Indictable offenses and the grand jury

Before your indictable offense can move to trial, the government has to show the evidence they have against you to a grand jury.

The grand jury is made up of a group of “regular” people who will examine the evidence for your arrest and decide whether the government has “enough” of a basis (evidence) to bring “formal charges”.

A grand jury does not decide guilt or innocence.

Their role is to make sure that the government isn’t harassing citizens & making arrests willy nilly.

The grand jury is simply asked to answer the following question:
Does the government have enough evidence to make the arrest?

This standard is called “Probable Cause”.

In other words, the grand jury must determine if enough probable cause exists to charge you with the crime(s) that the government believes that you committed.

Once the grand jury votes in the government’s favor, your felony charges become official.

When the grand jury approves the indictment, this is called a “True Bill”.

When the grand jury rejects the indictment, this is called a “No Bill”.

If the grand jury No Bills the indictment in your case, the government can try again.

Show me an example of an Indictment

If the grand jury “True Bills” your indictable offense, it will return a document called an “Indictment”.

An indictment is the formal charging document in your case.

It will contain the following:

  1. Jurisdictional information about where you committed the alleged crime;
  2. Your first and last name;
  3. The date(s) when you allegedly committed the crime;
  4. The complaint number, prosecutor file number, and indictment number;
  5. The elements of the crime that you are alleged to have committed;
  6. The section of the criminal code where the crime can be found;
  7. The number of crimes you are being charged with referred to as counts.

 

Sample New Jersey Indictment

important Fact:

Grand jury proceedings are closed proceedings.
You cannot participate and tell your side of the story.
Under New Jersey law, the government needs to
provide “exculpatory” evidence for the grand jury to consider.
This means that good evidence about you or weak government evidence 
must be presented for the grand jury to consider.

See State v Hogan 144 NJ 216 (1996)

How long does the government have
to charge me with an Indictable Offense?

In the legal world, the time limit is called a criminal statute of limitations.

Under New Jersey law (NJSA – 2C:1-6), prosecutions must start within a certain period of time.

Below please find the time limits as they apply to each crime:

  • murder, manslaughter, sexual assault, terrorism, widespread injury or damage
    No statute of limitations
  • Bribery of government official, official misconduct, other related offenses:
    7 years
  • Every other indictable offense:
    5 years
  • Disorderly offense or petty disorderly offense:
    1 year
  • Criminal sexual contact or endangering the welfare of a child with the victim under 18:
    within 5 years after victim turns 18 or 2 years of discovery of the offense by the victim, whichever is later

Non-Indictable Offenses

In New Jersey, indictable offenses are crimes.

Non-indictable offenses are called Disorderly Person (DP) offenses, & Petty Disorderly Person (PDP) offenses.

An indictable offense is referred to as a felony in other jurisdictions & usually involves a prison sentence.

A disorderly persons offense is called a misdemeanor in other jurisdictions and the maximum jail time is 6 months and a fine up to $1,000.

Examples include:

Petty disorderly person offenses are punishable by up to 30 days in jail and a fine up to $500.

Read more:
Disorderly Persons Offenses & Municipal Ordinances: What’s The Difference?

Meet with us to discuss your case, we offer FREE consultations.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Below you will find some but not all of our practice areas. Of course, if you do not see your criminal charges listed, feel free to contact us for a free consultation. We will meet with you to discuss your case & to answer all of your legal concerns. Se habla español tambien!

Areas We Serve

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent criminal lawyers in the Hackensack area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
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Christopher Guichardo
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Alan is an excellent lawyer. He helped me with my first case. He is very knowledgeable and explained everything to me throughout the process. I would recommend him to anyone looking for an honest and professional lawyer.
LGL Trucking Services LLC
LGL Trucking Services LLC
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Attorney Alan Peyrouton , hasta el día de hoy podría decir que es el mejor abogado que he visto y he conocido , nos ayudó con un caso que pensamos que iba a ser perdido , pensamos que era imposible conseguir ganarlo pero el nos ayudó a ganar un caso de DWI con licencia comercial CDL , estamos muy agradecidos con Alan en verdad un abogado muy profesional y con muchos conocimientos . Lo recomiendo a cualquiera que necesite ayuda profesional .
Ludimila Araujo
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My experience with Alan was amazing, I only have positive thinks to mention about him, he knows the law by heart, he speak Spanish, he’s more than smart, he’s a really good human being , he’s really polite, he’s responsible and dedicated to all his clients.My husbands case was really delicate, we were really afraid he would lose his license for a year, which is how we eat, since his a cdl driver, but thanks to Alan we can breathe and sleep peaceful at night, Alan is so good at his job that he got his case dismissed.His better than the lawyer from SUITS, he’s real!Thank you Alan you are amazing, the best of the best!If anyone needs a lawyer, a good lawyer call Alan!
Denisa Gjana
Denisa Gjana
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Alan is an excellent attorney, empathic and also caring. If you are looking for an attorney who is knowledgeable and knows what he is doing then don’t hesitate and hire him. His prices are reasonable and affordable. He got me out of the legal situation which was very stressful for me and I can’t thank him enough. He explained things thoroughly to me a few times and answered all of the questions and concerns I had. I highly recommend him! Thank you for being responsive and helpful Alan.
Cnidia Vazquez
Cnidia Vazquez
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Very profesional, makes the right questions during court.Muy profesional, meticuloso, amable, paciente e inteligente. Hizo un trabajo excepcional, el caso salio a mi favor gracias a su dedicacion y amor a su trabajo. Estoy muy agradecida por lo que hizo! Lo recomiendo 100%
Ronald Yee
Ronald Yee
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After almost four years ago, Payrouton Law, LLC. was engaged to defend the writer against a serious legal issue which could have ended with incarceration as well as a hefty fine. The settlementwas one-half of the posted fine without incarceration! In additionit was advised that within two years of the court decree, proceedings to get "Expungement," was possible making clean all N.J. State Police Records, as if the incident Never Happened.All this time working for and on my behalf, this law firm labored and negotiated all proceedings to gain benefit of a clean record.The N.J. State Police took almost two years and now receiving a verbal communication confirming Records Finally Expunged is all due to the hard work and legal expertise of Payrouton Law.One can not go wrong by retaining Payrouton Law, LLC. to solve legal problems and issues.This law firm is Exceedingly Outstanding In Every Way!!Thank you for all your hard work and efforts for and onmy behalf!!!Respectfully submitted,Ronald Yee- Client.
Maria Feliz
Maria Feliz
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Alan really helped me out of a delicate situation and made sure the final outcome was in my favor. I choose him based on prior reviews and took a chance and he turned out to be the real thing always looking out for his clients.
Jazziel Lopez
Jazziel Lopez
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Excellent lawyer , Alan was by far great help with my case. Thank you for being so responsive to my self and my fiancée when we needed help the most. He sure helped me solve my case I highly recommend Alan Payruton. The best of the best .
Michelle Lainez
Michelle Lainez
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Amazing lawyer, I am thankful and grateful for Alan words can’t explain how he help me and my finance at our most desperate moment. He made sure that we could count on him and assured us that he would make thing better which he did!!!I 💯 recommend him he will not let you down. Alan once again thank you for everything you have been a blessing!
Kyle Haller
Kyle Haller
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Alan was by far the most effective and professional lawyer i have ever delt with. He is extremely responsive and effective in conversation. It was a pleasure choosing him to defend me and I would recommend him to all my family and friends.
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