Rule 3:8 – Appearance of Counsel

by | May 14, 2021 | Criminal Procedure, New Jersey

Rule 3:8-1. Filing AppearanceThe attorney for a defendant in a criminal action shall forthwith file an appearance with the criminal division manager’s office of the county wherein venue is laid.Rule 3:8-2. Joint RepresentationNo attorney or law firm shall be...

Rule 3:7 – Indictment and Accusation

by | May 14, 2021 | Criminal Procedure, New Jersey

Rule 3:7-1. Entitling of PapersThe indictment and all subsequent papers in connection therewith shall be entitled in the Superior Court.Rule 3:7-2. Use of Indictment or AccusationEvery crime shall be prosecuted by indictment unless the defendant, after having been...

Rule 3:6 – The Grand Jury

by | May 14, 2021 | Criminal Procedure, New Jersey

Rule 3:6-1. Summoning the Grand JuryThe Assignment Judge of each county shall order and organize according to law one or more grand juries for the county not exceeding 23 members each to be summoned at such times as the public interest requires. At least one grand...

Rule 3:5 – Search Warrants

by | May 14, 2021 | Criminal Procedure, New Jersey

Rule 3:5-1. Authority to IssueA search warrant may be issued by a judge of a court having jurisdiction in the municipality where the property sought is located.Rule 3:5-2. Grounds for IssuanceA search warrant may be issued to search for and seize any property,...

Rule 3:4A – Pretrial Detention

by | May 14, 2021 | Criminal Procedure, New Jersey

(a)Timing of Motion. A prosecutor may file a motion at any time seeking the pretrial detention of a defendant for whom a complaint-warrant or warrant on indictment is issued for an initial charge involving an indictable offense, or a disorderly persons offense...