Middlesex County Pre-Indictment Proceedings

The landscape of criminal defense has definitely changed in Middlesex County over the last few years by virtue of more meaningful pre-indictment proceedings. The approach traditionally taken in criminal cases was to fight as long and hard as possible, and this would translate into the best result to the charges. The Middlesex County Criminal Court, as well as the Middlesex County Prosecutors Office, now takes a much different approach to resolution of criminal charges such that dragging a case out can now have significant negative implications.

The majority of indictable charges in Middlesex County including drug distribution, theft, aggravated assault, and robbery, are listed for pre-indictment hearing. At this hearing, you are supposed to receive the prosecutor's best plea offer.  If you choose to reject the offer, the prosecutor is obliged to indict the accused and the next offer is to be more severe than the pre-indictment offer.  The result of this approach is that if a defendant and/or attorney miscalculates the pre-indictment offer, he is not going to have the opportunity to back track and accept the pre-indictment offer.

In order to properly assess whether a pre-indictment offer should be accepted requires experience and knowledge.  In this regard, our Middlesex County Criminal Defense Attorneys have over forty (40) years of defense experience in NJ. This knowledge is invaluable in insuring that our clients are properly advised at Middlesex County Pre-Indictment hearings.

Middlesex County Criminal Defendant Gets PTI

We represent individuals on serious drug distribution cases all the time.  The penalties facing individuals charged with First Degree and Second Degree offenses of this nature are severe.  It is therefore very satisfying when you can achieve a good outcome for an individual who is deserving.  That is precisely what happened last week for a young man in Middlesex County Superior Court.

The gentlemen was a college student from New Brunswick, NJ, with no prior criminal record. He had occasion to be solicited by an undercover police officer for drugs. The client did not possess drugs but knew who to put the officer in contact with to get them. The lead resulted in a drug buy involving Second Degree weight of cocaine.  The client facilitated the transaction but, unbeknown to him, a bust was about to be made, with him and his acquaintance as the defendants. He was charged with Second Degree Distribution and the case was further complicated by the fact that the other person involved was in possession of a firearm. The result of this monumental lapse in judgment was that a college student with no prior dealings with the law whatsoever, was now looking at 5-10 years in prison.

Our client came from a highly educated family filled with success stories, including a doctor and NY District Attorney.  Considerable effort was exhausted to assist this young man and we were pleased to not only avoid any jail time but to have him admitted into Pretrial Intervention.  If he does what he is supposed to over the next year, he should end up with no criminal record. It is refreshing when you reach this type of result.