Indictable criminal complaints from Essex County that are not diverted by the Municipal Screening or C.J.P. Units must be prepared for investigation and prosecution. The Complaint Intake Unit, staffed by experienced clerical personnel, puts the complaints together with all available police reports, and a case jacket and computer entry are created. Cases must next be reviewed as to determine the most likely and appropriate course of disposition. In order to carry out that review, cases are forwarded to the Consolidated Pre-Grand Jury Unit. This unit handles both non-custodial and jail unit (custodial) cases.

In this unit, assistant prosecutors are teamed with investigators. These teams receive files, and are expected to divert the cases or prepare them for grand jury. The unit also handles formal motions to reduce bail, and staff the Pre Indictment Disposition Court and assist in Drug Court. Victim/witness contact is an important part of the screening process at this level, and the widest range of screening decisions is afforded to these teams. With supervisory approval the complaints may be:

• amended to disorderly persons complaints and returned to municipal court;

• amended to disorderly persons complaints, but forwarded to the Remand Court, where the Prosecutor's Office retains the responsibility for prosecuting the complaint;

• made the subject of a plea offer in the Pre Indictment Plea Disposition or the Drug Court, with the defendant pleading to an accusation in lieu of indictment;

• made the subject of a plea offer in which the defendant may be allowed to apply for Pre Trial Intervention;

• administratively dismissed;

• transferred to a specialized investigation / prosecution squad; or

• approved for grand jury presentation.

The significance of the Consolidated Pre-Grand Jury Unit in terms of the overall success of the Essex County Prosecutor’s Office is demonstrated in part by the enormous number of cases moved by this unit. The unit accounts for the largest number of dispositions obtained by the Office. Prior to the implementation of vertical prosecution, 10,000 to 13,000 cases per year were reviewed by the Consolidated Pre-Grand Jury Unit. In 2006, as an increasing number of cases were handled vertically, a total of 7,296 new defendants were entered and 7,688 cases were processed by the Consolidated Unit. Of the cases processed, 4,888 were prepared for Grand Jury and 699 plead guilty after CJP arraignment. A total of 1,098 cases were downgraded, 558 cases were transferred and 247 cases were administratively dismissed. In addition, 198 cases were diverted to Pre-Trial Intervention.

The exercise of discretion in the charging and screening process is one of the most important aspect of the prosecutorial function. The Office's investigative, juvenile, trial and appellate functions are obviously visible to the entire world because of media attention. However, much like an iceberg, a large portion of the Office's workload is accomplished unseen below the surface in the Pre-Grand Jury area.

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