Indictment Dismissed After Prosecutor Fails to Provide Grand Jury with Evidence
A New Jersey Judge has dismissed an Indictment against Mario M. Blanch’s client after the Judge found that the Prosecutor failed to present exculpatory evidence to the Grand Jury. The charge against the Defendant was illegal possession of a gun, hollow point bullets, and marijuana. The police initially stopped the vehicle due to a minor traffic infraction and located the contraband in the trunk of the vehicle. Mario M. Blanch, Esq. successfully argued that the Prosecutor intentionally withheld evidence from the Grand Jury as to the owner of the vehicle and the circumstances pertaining to the discovery of the gun, drugs and bullets.
The Court agreed that the Grand Jury had been deceived and dismissed the Indictment. The Indictment was dismissed without prejudice, meaning the State can present the charges again. However, to date the State has refused to continue the criminal prosecution.