“As noted in Section 12.1, defense attorneys understand that it has until now been an effective strategy to advise clients to decline the prosecutor ‘s initial plea offer with the expectation that a more generous offer will be presented as the trial date approaches. This de facto “de-escalation” plea policy confirmed by the Public Defender’s […]

“Every County Prosecutor and the Director of the Division of Criminal Justice shall, no later than October 31, 2016, develop and issue a written escalating plea policy for their office that shall apply to all indictable crimes, not just to offenses that are charged by means of a complaint-warrant or to cases where the defendant […]

“Although escalating plea policies established pursuant to this Directive must be strictly enforced, prosecutors are not precluded from considering new information about a case. A material change of circumstances warranting an exception to the general plea escalation rule might include, but need not be limited to: a material change in the nature or strength of […]

“The escalating plea system required by this Directive will represent a change in practice for many County Prosecutors’ Offices in non-Brimage cases, as shown by the Public Defender study that reveals that defense attorneys expect that plea offers routinely will become more lenient, not tougher, as a case progresses through the criminal justice process. It […]

“This approach has been accepted by the courts. In State v.Thomas, 392 N.J. Super. 169, 182 (App. Div.), certif. denied, 192 N .J. 597 (2007), the Appellate Division rejected the defendant’s challenge to the formal escalating plea system in the Brimage Guidelines, concluding that “[t]his policy is vital to the operation of the Guidelines and […]

“Barring a material change in circumstances warranting an exception, the general rule must be that plea offers grow tougher over time, not more lenient. Any such graduated plea system not only provides practical incentives for guilty defendants to plead  guilty before significant time  and effort  is expended in grand jury presentations, post-indictment motion practices, and […]

“The vast majority of convictions in this State are the result of a negotiated guilty plea, rather than a trial. As noted in Section 1.3, it is expected and intended that under  the Bail Reform Law, many defendants who previously would have been unable to post monetary  bail will be released on   a complaint-summons , […]

“If a prosecutor has reason to believe that an agency is not satisfactorily complying with any of the requirements of this Section, or is not using all available means to submit a requested report and/or conduct a requested test/examination to enable the prosecutor to meet a deadline imposed under the Bail Reform Law, the prosecutor […]