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Criminal Case Discovery Information

 

(1) Trial Team cases have discovery copied in Grand Jury (Trial Team Assistant Prosecutors must put plea offers in file prior to the Pre-Arraignment Conference (PAC);

(2) Outside units must make up their own discovery packets and put plea offers in file prior to PAC.

 

 

Public Defender clients are not required to appear at the Pre-Arraignment Conference. Discovery and plea offer are turned over to Delores Mann, Esq., of the Public Defender's Office at the Pre-Arraignment Conference. Between the PAC and the Status Arraignment Conference (SAC) the Sheriff's Department personally serves the defendant with a copy of the arraignment notice.

 

 

Private counsel and defendant must appear at Pre-Arraignment Conference.

When both private counsel and defendant show up, defendant signs and dates the arraignment notice (includes indictment, arraignment date and name of arraignment judge). Prosecutor's Office turns over discovery and a plea offer to counsel.

If private counsel appears but defendant fails to appear at the PAC a bench warrant is issued. The Prosecutor's Office still gives defense counsel discovery and the plea offer. Criminal Case Manager's Office notifies defense counsel of the Status Arraignment Conference date (usually three weeks later on a Monday). Between the PAC and the Status Arraignment Conference (SAC) the Sheriff's Department attempts to personally serve the defendant with the arraignment notice.

If the defendant appears at the Pre-Arraignment Conference but private counsel fails to appear and does not communicate with the court or send a letter of representation the Pre-Arraignment Conference is adjourned for one week. Defendant is told to return on the adjourned date with his attorney or, if he still has no attorney, he must apply for a Public Defender. Defendant advised a bench warrant will be issued for him if he fails to appear on the adjourned date. The original Status Arraignment Conference date is maintained but if a Public Defender is assigned the judge's name must be changed from Triarsi/Span to correct judge in Promis and on the arraignment notice.

 

 

Must appear in person at the Pre-Arraignment Conference. At the Pre-Arraignment Conference they fill out a 5-A Form. The Public Defender then immediately assigns an attorney at the Pre-Arraignment Conference. Prosecutor's Office turns over discovery and the plea offer to Delores Mann, Esq. Defendant signs and dates the arraignment notice (name of judge must be changed in Promis and on arraignment notice from Triarsi/Span to specific Public Defender's judge).

Unrepresented defendants who fail to appear at Pre-Arraignment Conference will be bench warranted. Between the PAC and the SAC the Sheriff's Department then attempts personal service of arraignment notice on defendant advising him of Status Arraignment Conference date. If defendant fails to appear for Status Arraignment Conference a second bench warrant is issued. In the interim between the SAC and the PAC the file goes back to the appropriate Assistant Prosecutor.

 
 

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Union County Administration Building • 10 Elizabethtown Plaza • Elizabeth, New Jersey 07207
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