Obtaining Hogan evidence
In New Jersey, Hogan evidence is exculpatory evidence given to the prosecutor before indictment. By law, the State must present this evidence to the grand jury. Like many pre-indictment defense strategies, this one is rare both because it is often difficult to develop such evidence and it is rare to find a lawyer that is willing to explore this issue. Thus, while not every case will have Hogan evidence available, obtaining same can be the most important move for the defense attorney.
In almost every case where I have presented Hogan evidence to the State, they have not moved forward with the grand jury presentation. In the few cases where they did move forward, either the grand jury no billed the case or the State did not present the evidence. Where they did not present the evidence, we can then file a Hogan motion which is a motion to dismiss the indictment for failing to present such evidence. As a defense attorney, you want as many arrows in your quiver and motions are your best pre-trial arrows. Thus, even if the motion is not successful, it can lead to a plea bargain as the constant bombardment of motions wears down the State.