The document outlines the 12 key stages in the pre-trial process for a criminal case in New Jersey Superior Court. These include (1) being hired, (2) reviewing the criminal complaints and statutes, (3) meeting the client, (4) filing bail motions if needed, (5) speaking to the prosecutor about potential plea deals, (6) dealing with indictments from grand juries if no plea is reached, (7) attending required court appearances post-indictment, (8) receiving discovery materials from the prosecutor, (9) analyzing the case materials, (10) organizing defense strategies, (11) continuing plea negotiations or preparing for trial, and (12) determining if any pre-trial motions

1. Pre-Trial Stages
Michael J. DeBlis III, Esq.
Partner
DeBlis Law

2. Pre-Trial Stages
These stages are patterned after a criminal case
in the New Jersey Superior Court.

3. Pre-Trial Stages
• (1) You’ve been hired!
• (2) Review the criminal complaints. Review
your New Jersey Criminal statute book to
familiarize yourself with the elements of each
criminal offense along with how these
elements are interpreted by the Appellate
Division and by the New Jersey Supreme Court
• (3) Meet with your client to conduct a
thorough interview

4. Pre-Trial Stages
• (4) File a bail motion if your client is
incarcerated
• (5) Speak to the prosecutor to determine
whether the case can potentially be resolved
by way of a plea to an accusation before it is
presented to the grand jury (i.e., in Early
Disposition Court)

5. Pre-Trial Stages
• (6) If the case cannot be resolved pre-indictment, the
case will be presented to a grand jury. A grand jury
consists of 23 individuals who are assembled to hear
only the prosecutor’s version of the case. If a majority
of the grand jury (at least 12) finds probable cause to
believe that a crime has been committed and that your
client committed it, it will return a “true bill of
indictment.” You are entitled to a copy of the transcript
from the grand jury proceeding. This usually consists of
the testimony of the lead detective along with the
prosecutor reciting the charges that he or she wants
the grand jury to consider along with the elements of
each individual charge

6. Pre-Trial Stages
• (7) Once the case is indicted, this will “kick
off” a series of court appearances for your
client:
– Post-indictment arraignment
– Initial Disposition Conference
– Final Disposition Conference
– Motion hearings
– Pre-trial conference

7. Pre-Trial Stages
• (8) If the case is indicted, you will receive a
copy of the indictment along with the
accompanying discovery. Discovery consists of
written police reports and electronic CDs and
DVDs such as photos and statements made by
any of the parties involved in the case (i.e.,
victim, witnesses, your client).
• (9) Carefully read the indictment and all of the
accompanying discovery.

8. Pre-Trial Stages
• (10) Begin brainstorming and organizing
materials (see handout)
• (11) Plea bargaining begins. Case may resolve
by way of a plea. However, if both sides are at
an impasse the case will proceed to trial.

9. Pre-Trial Stages
• (12) Determine what if any pre-trial motions need
to be filed. During pretrial motions, the judge will
decide whether certain evidence may be legally
used at trial. At this time, a criminal defense
attorney will raise constitutional objections such
as illegal searches or coerced confessions. Both
sides may also argue that proposed evidence is
either inflammatory or that it is irrelevant to the
case. Pretrial motions determine the outcomes of
many cases that hinge on a single key piece of
evidence and routinely result in dismissals,
reduced charges, or revised plea offers.