“To ensure that the State's interests are properly advocated during an application for a complaint-warrant, a County Prosecutor shall have the authority to require that an assistant prosecutor consulted pursuant to Section 3.2 participate directly in the colloquy with...
Law Reform and Amendments
Bail Reform: Police Officer’s Charging Decision Process
“Subject to the limitations set forth in subsection 3.3.1,the directive may provide for the special designation of supervisory officers who are authorized by the County Prosecutor to approve issuance of a complaint-summons notwithstanding that this Directive...
Bail Reform: System of On-Call Assistant Prosecutors and Deputy Attorneys
“Each County Prosecutor and the Division of Criminal Justice shall establish a system of on call assistant prosecutors and deputy attorneys general to be available on a 24/7 basis to provide real time legal advice and charging approvals to law enforcement officers...
Bail Reform Law – Speedy Trial
“The Bail Reform Law does more than change the way in which pretrial release decisions are made. It also includes provisions to ensure that persons who are detained pending trial are indicted and tried swiftly. This is to be achieved in part by imposing specific...
Criminal Justice Reform in Effect Starting Jan 1, 2017
On January 1, 2017, full implementation of criminal justice reform and final Court Rule changes will occur regarding bail, speedy trial, and overall criminal justice reform in New Jersey. On October 11, 2016, the Attorney General issued an 84 page directive that...
New Jersey’s Bail Reform Law
On January 1, 2017, full implementation of criminal justice reform and final Court Rule changes will occur regarding bail, speedy trial, and overall criminal justice reform in New Jersey. On October 11, 2016, the Attorney General issued an 84-page directive that...
Bias Intimidation Statute
The third principle issue decided in State v. Ravi was whether based on the Supreme Court's decision in State v. Pomianek, holding that N.J.S.A. 2C:16-1a(3) is unconstitutionally vague, the court must vacate the defendant's third degree bias intimidation convictions....
The De Minimis Statute – State v Zarrilli
In State v. Zarrilli, another published Law Division case, the court considered the following factors in evaluating a de minimis application: (a) Defendant's background, experience and character as indications of whether he or she knew or should have known the law was...
The De Minimis Statute – State v. Halloran
In State v. Halloran, decided on August 24, 2014, and approved for publication on July 29, 2016, the Superior Court of Morris County was called upon to decide a motion to dismiss a charge under our criminal code’s “De Minimis Infraction” statute. The charge was that...
Changes To Be Made To The Bias Crime Statute
In State v. David T. Pomianek, Jr. , which the New Jersey Supreme Court decided on March 17, 2015, Justice Albin, writing for a unanimous Court, addressed the issue of the constitutionality of N.J.S.A. 2C:16-1(a)(3), a bias-crime statute that allows a jury to convict...