Trial of a Criminal
Case in New Jersey
Kenneth
Vercammen's Law office represents people charged with criminal offenses and
disorderly offenses. We provide representation throughout New Jersey. Criminal
charges can cost you. If convicted, you can face high fines, jail,
probation and other penalties. Don't give up! Our Law Office can
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retained to represent people.
The following
are the Criminal Rules of Court regarding criminal trials in New Jersey in the
Superior Courts:
RULE 3:14. PLACE
OF TRIAL
3:14-1. Venue
An offense shall
be prosecuted in the county in which it was committed, except that (a) If it is
uncertain in which one of 2 or more counties the offense has been committed or
if an offense is committed in several counties prosecution may be had in any of
such counties.
(b) If a person dies in one county as a result of an offense
committed in any other county or counties, the prosecution may be had in any of
such counties.
(c) Whenever the body of any person who died as a result of an
offense is found in any county, prosecution may be had in such county,
regardless of where the offense was committed.
(d) Whenever a person dies within the jurisdiction of this
State as a result of an offense committed outside the jurisdiction of this
State, or dies outside the jurisdiction of this State as a result of an offense
committed within the jurisdiction of this State, the prosecution shall be had
in the county in which the death occurred or the offense was committed.
(e) Prosecution for acts of treason against this State which
were committed outside the jurisdiction of this State shall be had in any
county designated by the Chief Justice.
(f) Prosecutions for libel shall be had either in the county
in which the publication was made or the county in which the libeled person
resided at the time of the publication.
(g) An accessory may be prosecuted as such either in the
county in which the offense to which he or she is an accessory is triable or
the county in which he or she became such accessory.
(h) Any person who steals the property of another, outside
this State, or receives such property knowing it to have been stolen, and
brings it into this State, may be prosecuted in any county into or through
which the stolen property is brought.
(i) Prosecutions for acts of forgery, embezzlement, conversion
or misappropriation may be had either in the county in which such offense was
committed or in the county in which the offender last resided.
(j) Prosecutions for desertion may be had either in the county
in which the wife or any child resided at the time of the desertion or in the
county in which the wife resides when the prosecution is begun.
(k) The county of venue for purposes of trial of indictments
returned by a State Grand Jury shall be designated by the Assignment Judge
appointed to impanel and supervise the State Grand Jury or Grand Juries
pursuant to R. 3:6-11(b).
3:14-2. Motion for Change of Venue or Foreign Jury
A motion for
change of venue may be made only by a defendant. A motion for trial by a
foreign jury may be made by any party. Such motions shall be made to the judge
assigned to try the case or to the Assignment Judge of the county in which the
indictment was found or the accusation filed on notice to the other party or
parties on such proofs as the court directs and shall be granted if the court
finds that a fair and impartial trial cannot otherwise be had.
3:14-3. Foreign Juries; Order and Selection
If a foreign
jury is ordered, the order shall specify the number of jurors to be returned
and a venire directed to the sheriff of the county from which such jury shall
be taken, which shall be returnable to the court in the county in which the
matter is to be tried. The jurors shall be selected in the same manner as the
general panel of jurors is selected in the county from which they are taken.
3:14-4. Order for Change of Venue; Costs
If a change of
venue is ordered, the criminal division manager's office in which the
indictment or accusation is pending shall transmit to the criminal division
manager's office to which the matter is transferred all papers filed therein or
duplicates thereof, and the prosecution shall continue in that county. The
costs of trial shall be certified to the Assignment Judge of the county in
which the indictment was found or the accusation was filed.
RULE 3:15. JOINDER AND SEVERANCE
3:15-1. Trial of Indictments or Accusations Together
(a) Permissible
Joinder. The court may order 2 or more indictments or accusations tried
together if the offenses and the defendants, if there are 2 or more, could have
been joined in a single indictment or accusation. The procedure shall be the
same as if the prosecution were under such single indictment or accusation.
(b) Mandatory Joinder. Except as provided by R. 3:15-2(b), a
defendant shall not be subject to separate trials for multiple criminal
offenses based on the same conduct or arising from the same episode, if such
offenses are known to the appropriate prosecuting officer at the time of the
commencement of the first trial and are within the jurisdiction and venue of a
single court.
3:15-2. Relief From Prejudicial Joinder
(a) Motion by
State Before Trial. If two or more defendants are to be jointly tried and the
prosecuting attorney intends to introduce at trial a statement, confession or
admission of one defendant involving any other defendant, the prosecuting
attorney shall move before trial on notice to all defendants for a
determination by the court as to whether such portion of the statement,
confession, or admission involving such other defendant can be effectively
deleted therefrom. The court shall direct the specific deletions to be made,
or, if it finds that effective deletions cannot practically be made, it shall
order separate trials of the defendants. Upon failure of the prosecuting
attorney to so move before trial, the court may refuse to admit such statement,
confession or admission into evidence at trial, or take such other action as
the interest of justice requires.
(b) Motion by Defendant and State. If for any other reason it
appears that a defendant or the State is prejudiced by a permissible or
mandatory joinder of offenses or of defendants in an indictment or accusation
the court may order an election or separate trials of counts, grant a severance
of defendants, or direct other appropriate relief.
(c) Time. A motion for separate trial of counts of an indictment
or accusation must be made pursuant to R. 3:10-2, unless the court, for good
cause shown, enlarges the time.
3:15-3. Trial of Criminal Offenses and Lesser, Related
Infractions
(a) Joinder of
Criminal Offense and Lesser Related Infraction.
(1) Except as provided in paragraph (b), the court shall join
any pending non-indictable complaint for trial with a criminal offense based on
the same conduct or arising from the same episode.
(2) Regardless of whether a jury sits as the finder of facts
with respect to the criminal offense, and unless the complaint charges a
disorderly persons offense or a petty disorderly persons offense that must be
submitted to the jury in accordance with the provisions of N.J.S.A. 2C:1-8(e),
the Superior Court judge shall sit as a municipal court judge on the complaint
and shall render the verdict with respect to the complaint on the proofs
adduced in the course of trial.
(3) If evidence is held to be admissible with respect to the
trial of the complaint but inadmissible with respect to the trial of the
criminal offense, the court shall hear that evidence outside of the jury's
presence and may, in its discretion, postpone such hearing until the jury has
retired to deliberate. The court shall not render its verdict on the complaint
until the jury has rendered its verdict or until the jury has been dismissed.
(b) Relief From Joinder. If for any reason it appears that a
defendant or the State is prejudiced by the joinder required by paragraph (a),
the court may decline to join or may grant other appropriate relief. A
defendant's request to avoid joinder shall constitute a waiver of any claim
against twice being placed in jeopardy that would not have arisen had the
defendant's request been denied.
(c) Consequence of Failure to Join. In no event shall failure
to join as required in paragraph (a) be deemed to constitute grounds for
barring a subsequent prosecution of the complaint except as required by statute
or by the Federal or State Constitutions.
RULE 3:16. PRESENCE OF THE DEFENDANT
(a) Pretrial.
The defendant must be present for every scheduled event unless excused by the
court for good cause shown.
(b) At Trial or Post-conviction Proceedings. The defendant
shall be present at every stage of the trial, including the impaneling of the
jury and the return of the verdict, and at the imposition of sentence, unless
otherwise provided by Rule. Nothing in this Rule, however, shall prevent a
defendant from waiving the right to be present at trial. A waiver may be found
either from (a) the defendant's express written or oral waiver placed on the
record, or (b) the defendant's conduct evidencing a knowing, voluntary, and
unjustified absence after (1) the defendant has received actual notice in court
or has signed a written acknowledgment of the trial date, or (2) trial has
commenced in defendant's presence. A corporation shall appear by its attorney
for all purposes. The defendant's presence is not required at a reduction of
sentence under R. 3:21-10 or, except as provided in R. 3:22-10, at a hearing on
a petition for post conviction relief.
RULE 3:18. MOTION FOR JUDGMENT OF ACQUITTAL
3:18-1. Motion Before Submission to Jury
At the close of
the State's case or after the evidence of all parties has been closed, the
court shall, on defendant's motion or its own initiative, order the entry of a
judgment of acquittal of one or more offenses charged in the indictment or
accusation if the evidence is insufficient to warrant a conviction. A defendant
may offer evidence after denial of a motion for judgment of acquittal made at
the close of the State's case without having reserved the right.
3:18-2. Motion After Discharge of Jury
If the jury
returns a verdict of guilty or is discharged without having returned a verdict,
a motion for judgment of acquittal may be made, even if not earlier made
pursuant to R. 3:18-1 or it may be renewed within 10 days after the jury is
discharged or within such further time as the court fixes during the 10-day
period. The court on such motion may set aside a verdict of guilty and order
the entry of a judgment of acquittal and may so order if no verdict has been
returned.
RULE 3:19. VERDICT
3:19-1. Several Defendants or Counts; Written Verdict Sheets
(a) Several
Defendants or Counts. If there are 2 or more counts of an indictment or 2 or
more defendants tried together, the jury may return a verdict or verdicts with
respect to a defendant or defendants as to whom it has agreed, specifying the
counts on which it has agreed; the defendant or defendants may be tried again
on the count or counts as to which it has not agreed.
(b) Written Verdict Sheets. In the discretion of the court, a
written verdict sheet may be submitted to the jury in conjunction with a
general verdict to facilitate the determination of the grade of the offense
under the Code of Criminal Justice or otherwise simplify the determination of a
verdict when multiple charges are submitted to the jury. The verdict sheet
shall be marked as a court exhibit and retained by the court pursuant to Rule 1:2-3.
3:19-2. Acquittal by Reason of Insanity
If a defendant
interposes the defense of insanity and is acquitted after trial on that ground,
the verdict and judgment shall so state.
The procedure for disposition of the defendant shall be as
provided by N.J.S.A. 2C:4-8 and 2C:4-9 and by R. 4:74-7, except that in the
case of defendants acquitted of murder by reason of insanity all hearings
pursuant to R. 4:74-7(e) shall be in open court unless good cause is shown for
a hearing in camera.
RULE 3:20. NEW TRIAL
3:20-1. Trial by Court or Jury
The trial judge
on defendant's motion may grant the defendant a new trial if required in the
interest of justice. If trial was by the judge without a jury, the judge may,
on defendant's motion for a new trial, vacate the judgment if entered, take
additional testimony and direct the entry of a new judgment. The trial judge
shall not, however, set aside the verdict of the jury as against the weight of
the evidence unless, having given due regard to the opportunity of the jury to
pass upon the credibility of the witnesses, it clearly and convincingly appears
that there was a manifest denial of justice under the law.
3:20-2. Time for Making Motion
A motion for a
new trial based on the ground of newly-discovered evidence may be made at any
time, but if an appeal is pending, the court may grant the motion only on
remand of the case. A motion for a new trial based on a claim that the
defendant did not waive his or her appearance for trial shall be made prior to
sentencing. A motion for a new trial based on any other ground shall be made
within 10 days after the verdict or finding of guilty, or within such further
time as the court fixes during the 10-day period.
CONCLUSION
If charged with
any criminal offense, immediately schedule an appointment with a criminal trial
attorney. Don't rely on a real estate attorney, public defender or a family
member who simply attended law school.
When your life and job is on the line, hire the best attorney available.
