Pre-Indictment (PIP) Court in Monmouth County New Jersey

Monmouth County Superior Court instituted the Pre-Indictment court in 2005 in order to relieve congestion in the courts.

To settle the less serious cases in PIP Court, the Monmouth County Prosecutor presents the lowest plea offer allowable under the law. This allows the prosecutor not to present the cases to the grand jury which would require the prosecutor to subpoena witnesses, prepare them, and take policeman away from their duties to testify.

From the accused point of view, Pre-Indictment Court lessens the number of appearances in court and allows them to get the best possible plea offer. If a case is indicted, the accused must appear in court for pre- arraignment conference to be notified of the charges, give the name of his attorney, and apply for Pre-Trial intervention. Then an arraignment –status conference is scheduled, and usually at least one other status conference before the case is resolved. Then the defendant must appear for sentencing. The process can take from one to six months and require from two to six court appearances.

The Judge in PIP Court, at the beginning of the session on Thursday mornings, will say "This is not the Court for the inexperienced attorney. Only an experienced attorney can determine whether you are being the best offer from the prosecutor"

Mr Donnelly has handled over 1600 cases in PIP Court in Monmouth County and has the special experience to determine whether you are getting he best offer from the prosecutor and to negotiate a better deal.

Pre-Indictment Court ("PIP COURT) requires only two appearances: You appear on PIP court day, which is Thursday morning. If your lawyer has not obtained the discovery (police reports of your case) prior to court, he receives it that day. There is a plea offer made and then sometimes further negotiated and the accused enters a plea and is given a sentencing date. If the accused qualifies for Pre-Trial Intervention, the application is filled out and a plea of not guilty is entered. Another court date is given for the accused to be accepted into PTI.

Pre-Trial Intervention is granted to defendants who have no criminal record who have never before had PTI or a Conditional Discharge. Once the defendant completes the probationary period, the case is dismissed and the person has no criminal record.
In some cases the charge can be reduced to disorderly persons and the defendant pleads and is sentenced that day. This occurs, for example, if your attorney examines the police reports and sees there was an unconstitutional search.  As a result the accused spends much less time in court and receives a more lenient sentence.  Should the accused reject the plea offer, the case is then scheduled for grand jury presentation.

DAVID P. DONNELLY
NEW JERSEY CRIMINAL DEFENSE ATTORNEY AT LAW
One River Center
331 Newman springs Road
Building 1, 4th Floor
Suite 143
Red Bank, New Jersey 07701
Telephone: 732-784-2838
Click Here for Office Maps/Directions

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