Indicment hearing for husband is coming up on robbery and conspiracy!
Lawsuit / Dispute Attorney
Is robbery and/or conspiracy felony charges?
And is there definite prison time for a felony?
Indictment means guilty?
No, it means that the government may proceed to try to prove guilt.
Criminal Defense Attorney
Robbery in NJ can be 1st degree (with a weapon) or 2nd degree. 1st degree is a 10-20 year felony and 2nd degree is a 5-10 year felony. Both have presumptions of state prison meaning jail is almost certain. Both are NERA meaning he would have to do 85% of any sentence before parole. Conspiracy is acting with a plan with another. Conspiracy to commit a 1st degree is a 2nd degree but otherwise conspiracy is the same degree as the underlying charge. Robbery can be completed by only an attempt to rob so conspiracy to commit robbery is complicated. An indictment is when the Grand Jury (23 people) vote there is probable cause that a crime was committed and he was part of it. It is not guilt just a step in the process. In Essex county there are hearings pre-indictment. That is likely what he may be going to. There are also arraignments on indictment. The first is before Grand Jury the second after. Call for free consultation if you like.
Criminal Defense Attorney
Yes, robbery and conspiracy to commit robbery are felony charges. If you are found guilty of these charges then the court would decided based on all of the factors considered in 18 USC 3553 how much of a prison term to give you. It is very rare for criminal defendants in Federal court to get probation, but it does happen occasionally depending on your own unique circumstances. An indictment does not mean you are guilty. Instead, it means that a grand jury has met and decided that there is probable cause to believe that you committed a federal offense (in this case robbery and conspiracy to commit robbery). You need a good lawyer who knows your local Federal courthouse and how to navigate those waters. I hope this helps.
The above is not legal advice. You should consult with and hire a lawyer in your area before relying on the above information. If you already have a lawyer your first step is to speak with that person about your case.
Commercial Real Estate Attorney
Hobbs Act Robbery and the conspiracy to engage in it are both Federal Felonies. The exposure of potential sentences is very severe, meaning several years. It is critical that your husband have an attorney that is experienced in Federal defense, so that he can be best protected and the appropriate arguments be made during any plea negotiations or sentencings.
An indictment does not mean "guilty." A grand jury votes that there is simply enough evidence to charge someone with felonies. The prosecutors are questioning their own witnesses. There is no judge and no defense attorney, it is one-sided and only is a way to solidify charges against a defendant. In Federal Court, many defendants are indicted even before they are arrested.
Best of luck. Should you have further questions or concerns, please feel free to contact me at (914) 588-2679 or the website below.