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How long can you be held in New Jersey county jail without being indicted? Grand jury postponed 2x for officer not appearing.

Ocean City, NJ |

Public defender not responding to my son or his family members. Have no information or updates regarding any details including bail hearings, etc. Police report of incident written by officer that was not at the scene and includes false statements and misinformation. He wasn't at the home when police were called, arrested 2 weeks later for a domestic dispute, only witness was his fiance who has written to the prosecutor and public defender informing them of the severe discrepancies in the report. There was a small burn hole in a blanket caused by a dropped cigarette. He is being charged with aggravated arson and 2 disorderly charges. No money for bail, $35,000 cash only. No add'l bail hearings since first incarcerated. Thank you!!

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Attorney answers 3


This is one area where a private attorney can help and a PD simply is not that involved as yet. NJ does not have a 180 day rule as does the Feds. Some counties have their own rules ordered by the assignment judges. The delay will permit reductions in bail. Rule 3:25-3 allows for dismissal for "unreasonable" delay to indict. A motion needs to be filed but the indictment will likely occur before the motion is heard. Make sure copies of the recantations or corrects to the reports are kept. The prosecutor may have to present those to the Grand Jury and if it is not done could be a basis for further action. A private experienced criminal defense attorney would likely help.


A request to lower the bail or 10% option should be made. An experienced criminal attorney can do this for you.

John Ducey


Having an attorney during this process will makes things move along in a more smooth fashion. A motion to reduce bail can be made as well as the 10% option. Also many attorneys accept payment plans so that you can afford a private attorney. Once indicted, Cape May County usually provides the the defense attorney the Grand Jury recorded audio CD. this will allow your attorney to determine whether the facts and charges were presented to the grand jury appropriately. My office is 5 minutes from Ocean City.

The Law Office of Brandon D. Walcott - 3 Harrys Court, Suite A, Ocean View, NJ - (609) 390-8888 - This is for general purposes only and does not constitute an attorney-client relationship. Contact an attorney licensed in your State for specific inquiries.

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