Organization
Frequently Asked Questions
- What is the difference between a criminal case and a civil case?
- What is a disorderly person's offense and how is it different than a crime?
- What should I do if I am the victim of a crime?
- How do I file a criminal complaint?
- What is the procedure after a criminal complaint has been filed?
- What is Administrative Dismissal?
- What is a Municipal Remand?
- When is a complaint prosecuted at the county level?
- What is an Early Disposition Conference?
- What is a Grand Jury?
- What happens at an arraignment conference?
- What happens at a pre-trial conference?
- How may I get all my property back?
- What happens once a case proceeds to Superior Court?
- What is the Pre-Trial Intervention (PTI) Program?
- Why does the Prosecutor's Office plea bargain with criminals?
- What happens once a case proceeds to trial?
What is the difference between a criminal case and a civil case?
The Morris County Prosecutor's Office handles criminal cases. The main difference between a criminal and civil case is the penalty involved and the burden of proof. A person found guilty of a criminal offense, even a minor offense, may lose his liberty. Conversely, an award of monetary damages usually remedies civil wrongs. In a criminal case, the State must prove a person's guilt "beyond a reasonable doubt." The burden of proof in a civil case is less stringent. In most civil cases, the plaintiff must prove his case by a "preponderance of the evidence".
What is a disorderly person's offense and how is it different than a crime?
In New Jersey there are two types of criminal offenses: crimes and disorderly persons offenses. In many States, these offenses are referred to as felonies and misdemeanors. The basic distinctions between crimes and disorderly persons offenses are the amount of jail time a person could serve, who prosecutes the case and the court that hears the case.
- Crimes are punishable by more than six months in jail. Depending on the severity of the crime, the crime is classified as a first, second, third or fourth degree crime. First degree crimes are the most serious. A person convicted of a first degree crime may be sentenced to between ten and twenty years in prison. A person convicted of a second degree crime may be sentenced to between five and ten years in prison. A person convicted of a third degree crime may be sentenced to between three and five years in prison. A person convicted of a fourth degree crime may be sentenced to up to eighteen months in prison. Disorderly persons offenses are punishable by up to a maximum of six months in jail.
- Crimes are prosecuted by either the County Prosecutor's Office or the Attorney General's Office in Superior Court, which in Morris County is located in Morristown. A municipal prosecutor prosecutes disorderly persons offenses in municipal court. If a case involves a crime and a disorderly persons offense, the case will by prosecuted by either the County Prosecutor's Office or the Attorney General's Office in Superior Court.
What should I do if I am the victim of a crime ?
If you are the victim of a crime or witness of a crime, you should immediately report the incident to the police department where the crime was committed. If the crime involves child abuse, the crime should be reported to the New Jersey Division of Youth and Family Services (DYFS). DYFS is a state agency concerned with the welfare of children. All DYFS records of child abuse reports are confidential. Any person who has reasonable cause to believe a child has been subjected to child abuse or neglect must report the abuse to DYFS or risk being prosecuted for failure to report the abuse. In many child abuse cases, especially those involving family members, DYFS will conduct an investigation in conjunction with the Prosecutor's Office to ensure the child's safety.
How do I file a criminal complaint?
Criminal complaints may be filed by anyone. The majority of criminal complaints are signed by police officers. Although a citizen can sign a complaint, before signing a criminal complaint, a citizen should contact the police department where the offense occurred so the police can conduct an investigation, if necessary. This is especially true if the matter involved violence or the threat of violence. If a citizen wants to sign a criminal complaint, he or she should contact the Municipal Court Administrator in the town where the offense occurred. The Municipal Court Administrator will explain the procedures that must be followed.
What is the procedure after a criminal complaint has been filed?
Once a criminal complaint is filed it will be forwarded to either the County Prosecutor's Office or the municipal court. All complaints involving crimes or a combination of crimes and disorderly persons offenses will be forwarded to the County Prosecutor's Office for review. Criminal complaints involving only disorderly persons offenses will be forwarded to the municipal court. The municipal court will advise the complainant and defendant of the hearing date.
When a criminal complaint involving a crime or a combination of crimes and disorderly persons offenses is forwarded to the County Prosecutor's Office, the County Prosecutor's Office will review the case. The County Prosecutor's Office will review the complaint, obtain the relevant police reports, and where indicated contact the complainant or victim and/or the investigating officer. After reviewing the case, the County Prosecutor's Office will determine the appropriate course of action.
The County Prosecutor's Office has broad discretion to determine the appropriate disposition for a complaint. The Prosecutor's office may handle a criminal complaint in several different ways. The complaint may be administratively dismissed, remanded to municipal court, or prosecuted in Superior Court.
What is Administrative Dismissal?
A complaint may be administratively dismissed for several reasons, mainly because there is insufficient evidence to proceed. In some instances, a complaint is dismissed at the request of the victim. However, a victim's request to dismiss a complaint is not always honored. Once a criminal complaint is signed, the complaint is prosecuted on behalf of the State of New Jersey, not the individual who signed the complaint. When deciding whether to dismiss a complaint, several factors are considered including, but not limited to, the following: (1) the nature and extent of the defendant's prior criminal history; (2) the severity of the crime; and (3) whether the defendant has other pending charges.
A complaint is remanded to municipal court when the Prosecutor's Office determines that the complaint can be adequately dealt with in municipal court. When a complaint is remanded to the municipal court, the original charge is amended to a disorderly persons offense and the complaint is returned to the municipal court. All further proceedings are handled in municipal court. Once a case is remanded to municipal court, the municipal prosecutor, not the County Prosecutor's Office, handles the complaint.
When is a complaint prosecuted at the county level?
If a criminal complaint is not administratively dismissed or remanded to the municipal court, the County Prosecutor's Office or the Attorney General's Office will prosecute the complaint in Superior Court.
What is an Early Disposition Conference?
When the Prosecutor's Office decides to prosecute the complaint in Superior Court, the case is scheduled for an early disposition conference (EDC). At EDC, the Prosecutor's Office attempts to resolve the case through a plea agreement. The defendant is given his best plea offer. If the defendant rejects the plea offer, the case proceeds to grand jury. In some instances, a plea offer is not extended to the defendant at EDC and the case proceeds directly to grand jury.
The Federal and State Constitutions guarantee every individual charged with a crime the right to have his matter reviewed by an independent body called a grand jury. A person charged with a disorderly persons or motor vehicle offense does not have a right to have the case presented to a grand jury. The grand jury hears evidence regarding the criminal matter and determines if there is probable cause for the case to proceed further. If the grand jury finds that there is sufficient evidence for the case to proceed further, the person charged with the crime is "indicted".
Grand Jury proceedings are confidential. The grand jury meets in closed sessions and all evidence collected by them is kept secret unless and until a Superior Court Judge orders otherwise. The only individuals permitted in the room during a grand jury session are the grand jurors, the prosecutor, the witness and the court reporter. Neither a judge nor a defense attorney is present during the proceeding. Usually, the defendant does not testify at grand jury. The defendant is also not present during another witness' testimony. In Morris County, there are two grand juries that sit on Tuesday and Wednesday. Each grand jury is comprised of 23 grand jurors who are selected at random by the Assignment Judge of the Morris County Superior Court. The grand jurors serve for four months.
What happens at an arraignment conference?
After a defendant has been indicted by the grand jury, the defendant must appear in court for an arraignment conference. At the arraignment conference, the defendant formally enters a plea of guilty or not guilty. The State also makes a plea offer. Usually, the plea offer calls for a stiffer penalty than the offer made at the early disposition conference (EDC). If the defendant pleads guilty, the case is scheduled for sentencing. If the defendant pleads not guilty, the case is scheduled for a pre-trial conference. The defendant has until the pre-trial conference to consider the plea offer.
What happens at a pre-trial conference?
At the pre-trial conference, the defendant must accept or reject the State's plea offer. If the defendant accepts the plea offer, the case is scheduled for sentencing. If the defendant rejects the plea offer, the case is scheduled for trial.
How may I get all my property back?
While the case is pending in Superior Court, the police maintain custody of the evidence. In some instances, the victim can get his property back before the case is resolved. Victims who want to get their property back should contact the Victim/Witness Unit of the Prosecutor's Office at (973) 285-6200.
What happens once a case proceeds to Superior Court?
Once the case proceeds to Superior Court, the case can be resolved by placing the defendant into the Pre-Trial Intervention (PTI) Program, through a plea agreement or by trial.
What is the Pre-Trial Intervention (PTI) Program?
PTI is a one time opportunity for defendants who have no prior criminal history. Once a defendant has had the benefit of PTI in New Jersey or any other State, the defendant is not eligible for PTI. PTI is an agreement between the State and defendant. The defendant does not admit guilt. The probation department supervises the defendant. The defendant must pay an application fee. As part of the PTI agreement, a defendant may have to pay fines and restitution, perform community service, and depending on the facts of the case, obtain counseling, forfeit weapons, or have no contact with specific individuals. If the defendant successfully completes PTI, he will have no criminal record of that charge. If the defendant fails to comply with the conditions of PTI, he is terminated from PTI and his case is put on the trial list. The defendant can then plead guilty or proceed to trial.
Why does the Prosecutor's Office plea bargain with criminals?
Plea agreements are necessary and are often no "bargain". There is a high volume of criminal cases. If each case went to trial, the criminal justice system would come to a grinding halt. Victims would have to wait years for a decision, the memories of witnesses would fade, evidence would deteriorate and defendants would disappear. Fortunately, many defendants decide to plead guilty rather than proceed to trial. Defendants plead guilty not because they are offered lenient sentences but because they are offered fair sentences. Plea agreements appropriately redress the wrongs committed by the defendant. In some instances, a defendant is offered a less stringent sentence in return for cooperation with the police, or because witnesses cannot be located or because the evidence is weak.
What happens once a case proceeds to trial?
When a case proceeds to trial, the State must prove the defendant's guilt beyond a reasonable doubt. A petit jury consisting of twelve jurors decides whether the defendant is guilty or not guilty. A guilty or not guilty verdict must be unanimous. If the jurors cannot agree on a verdict, there is a mistrial. If there is a mistrial, the defendant can be retried before a different jury.