Trial of a Criminal Case in New Jersey

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and disorderly offenses. We provide representation throughout New Jersey. Criminal charges
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retained to represent people.
'he following are the Criminal (ules of Court regarding criminal trials in New Jersey in
the )uperior Courts*
(+L, -*./. 0L1C, %2 '(I1L
-*./3.. Venue
1n offense shall "e prosecuted in the county in which it was committed e&cept that 4a5
If it is uncertain in which one of 6 or more counties the offense has "een committed or if an
offense is committed in several counties prosecution may "e had in any of such counties.
4"5 If a person dies in one county as a result of an offense committed in any other county or
counties the prosecution may "e had in any of such counties.
4c5 Whenever the "ody of any person who died as a result of an offense is found in any
county prosecution may "e had in such county regardless of where the offense was
committed.
4d5 Whenever a person dies within the !urisdiction of this )tate as a result of an offense
committed outside the !urisdiction of this )tate or dies outside the !urisdiction of this )tate as
a result of an offense committed within the !urisdiction of this )tate the prosecution shall "e
had in the county in which the death occurred or the offense was committed.
4e5 0rosecution for acts of treason against this )tate which were committed outside the
!urisdiction of this )tate shall "e had in any county designated "y the Chief Justice.
4f5 0rosecutions for li"el shall "e had either in the county in which the pu"lication was made or
the county in which the li"eled person resided at the time of the pu"lication.
4g5 1n accessory may "e prosecuted as such either in the county in which the offense to
which he or she is an accessory is tria"le or the county in which he or she "ecame such
accessory.
4h5 1ny person who steals the property of another outside this )tate or receives such
property 7nowing it to have "een stolen and "rings it into this )tate may "e prosecuted in
any county into or through which the stolen property is "rought.
4i5 0rosecutions for acts of forgery em"e88lement conversion or misappropriation may "e
had either in the county in which such offense was committed or in the county in which the
offender last resided.
4!5 0rosecutions for desertion may "e 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 "egun.
475 'he county of venue for purposes of trial of indictments returned "y a )tate 9rand Jury
shall "e designated "y the 1ssignment Judge appointed to impanel and supervise the )tate
9rand Jury or 9rand Juries pursuant to (. -*:3..4"5.
-*./36. ;otion for Change of Venue or 2oreign Jury
.
1 motion for change of venue may "e made only "y a defendant. 1 motion for trial "y a
foreign !ury may "e made "y any party. )uch motions shall "e made to the !udge assigned to
try the case or to the 1ssignment 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 "e granted if the court finds that a fair and impartial trial cannot otherwise "e had.
-*./3-. 2oreign Juries< %rder and )election
If a foreign !ury is ordered the order shall specify the num"er of !urors to "e returned
and a venire directed to the sheriff of the county from which such !ury shall "e ta7en which
shall "e returna"le to the court in the county in which the matter is to "e tried. 'he !urors shall
"e selected in the same manner as the general panel of !urors is selected in the county from
which they are ta7en.
-*./3/. %rder 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. 'he costs of trial shall "e certified to the 1ssignment
Judge of the county in which the indictment was found or the accusation was filed.
(+L, -*.=. J%IN#,( 1N# ),V,(1NC,
-*.=3.. 'rial of Indictments or 1ccusations 'ogether
4a5 0ermissi"le Joinder. 'he court may order 6 or more indictments or accusations
tried together if the offenses and the defendants if there are 6 or more could have "een
!oined in a single indictment or accusation. 'he procedure shall "e the same as if the
prosecution were under such single indictment or accusation.
4"5 ;andatory Joinder. ,&cept as provided "y (. -*.=364"5 a defendant shall not "e su"!ect to
separate trials for multiple criminal offenses "ased on the same conduct or arising from the
same episode if such offenses are 7nown to the appropriate prosecuting officer at the time of
the commencement of the first trial and are within the !urisdiction and venue of a single court.
-*.=36. (elief 2rom 0re!udicial Joinder
4a5 ;otion "y )tate >efore 'rial. If two or more defendants are to "e !ointly 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 "efore trial
on notice to all defendants for a determination "y the court as to whether such portion of the
statement confession or admission involving such other defendant can "e effectively deleted
therefrom. 'he court shall direct the specific deletions to "e made or if it finds that effective
deletions cannot practically "e made it shall order separate trials of the defendants. +pon
failure of the prosecuting attorney to so move "efore trial the court may refuse to admit such
statement confession or admission into evidence at trial or ta7e such other action as the
interest of !ustice re?uires.
4"5 ;otion "y #efendant and )tate. If for any other reason it appears that a defendant or the
6
)tate is pre!udiced "y a permissi"le or mandatory !oinder 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.
4c5 'ime. 1 motion for separate trial of counts of an indictment or accusation must "e made
pursuant to (. -*.@36 unless the court for good cause shown enlarges the time.
-*.=3-. 'rial of Criminal %ffenses and Lesser (elated Infractions
4a5 Joinder of Criminal %ffense and Lesser (elated Infraction.
4.5 ,&cept as provided in paragraph 4"5 the court shall !oin any pending non3indicta"le
complaint for trial with a criminal offense "ased on the same conduct or arising from the same
episode.
465 (egardless of whether a !ury 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 "e su"mitted to the !ury in accordance with the provisions of N.J.).1. 6C*.3
A4e5 the )uperior Court !udge shall sit as a municipal court !udge on the complaint and shall
render the verdict with respect to the complaint on the proofs adduced in the course of trial.
4-5 If evidence is held to "e admissi"le with respect to the trial of the complaint "ut
inadmissi"le with respect to the trial of the criminal offense the court shall hear that evidence
outside of the !ury's presence and may in its discretion postpone such hearing until the !ury
has retired to deli"erate. 'he court shall not render its verdict on the complaint until the !ury
has rendered its verdict or until the !ury has "een dismissed.
4"5 (elief 2rom Joinder. If for any reason it appears that a defendant or the )tate is pre!udiced
"y the !oinder re?uired "y paragraph 4a5 the court may decline to !oin or may grant other
appropriate relief. 1 defendant's re?uest to avoid !oinder shall constitute a waiver of any claim
against twice "eing placed in !eopardy that would not have arisen had the defendant's re?uest
"een denied.
4c5 Conse?uence of 2ailure to Join. In no event shall failure to !oin as re?uired in paragraph
4a5 "e deemed to constitute grounds for "arring a su"se?uent prosecution of the complaint
e&cept as re?uired "y statute or "y the 2ederal or )tate Constitutions.
(+L, -*.:. 0(,),NC, %2 'B, #,2,N#1N'
4a5 0retrial. 'he defendant must "e present for every scheduled event unless e&cused
"y the court for good cause shown.
4"5 1t 'rial or 0ost3conviction 0roceedings. 'he defendant shall "e present at every stage of
the trial including the impaneling of the !ury and the return of the verdict and at the imposition
of sentence unless otherwise provided "y (ule. Nothing in this (ule however shall prevent a
defendant from waiving the right to "e present at trial. 1 waiver may "e found either from 4a5
the defendant's e&press written or oral waiver placed on the record or 4"5 the defendant's
conduct evidencing a 7nowing voluntary and un!ustified a"sence after 4.5 the defendant has
received actual notice in court or has signed a written ac7nowledgment of the trial date or 465
trial has commenced in defendant's presence. 1 corporation shall appear "y its attorney for all
purposes. 'he defendant's presence is not re?uired at a reduction of sentence under (. -*6.3
.@ or e&cept as provided in (. -*663.@ at a hearing on a petition for post conviction relief.
(+L, -*.A. ;%'I%N 2%( J+#9;,N' %2 1CC+I''1L
-*.A3.. ;otion >efore )u"mission to Jury
-
1t the close of the )tate's case or after the evidence of all parties has "een closed the
court shall on defendant's motion or its own initiative order the entry of a !udgment of
ac?uittal of one or more offenses charged in the indictment or accusation if the evidence is
insufficient to warrant a conviction. 1 defendant may offer evidence after denial of a motion for
!udgment of ac?uittal made at the close of the )tate's case without having reserved the right.
-*.A36. ;otion 1fter #ischarge of Jury
If the !ury returns a verdict of guilty or is discharged without having returned a verdict a
motion for !udgment of ac?uittal may "e made even if not earlier made pursuant to (. -*.A3.
or it may "e renewed within .@ days after the !ury is discharged or within such further time as
the court fi&es during the .@3day period. 'he court on such motion may set aside a verdict of
guilty and order the entry of a !udgment of ac?uittal and may so order if no verdict has "een
returned.
(+L, -*.D. V,(#IC'
-*.D3.. )everal #efendants or Counts< Written Verdict )heets
4a5 )everal #efendants or Counts. If there are 6 or more counts of an indictment or 6 or
more defendants tried together the !ury 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 "e tried again on the count or counts as to which it
has not agreed.
4"5 Written Verdict )heets. In the discretion of the court a written verdict sheet may "e
su"mitted to the !ury in con!unction 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 su"mitted to the !ury. 'he verdict sheet
shall "e mar7ed as a court e&hi"it and retained "y the court pursuant to (ule .*63-.
-*.D36. 1c?uittal "y (eason of Insanity
If a defendant interposes the defense of insanity and is ac?uitted after trial on that
ground the verdict and !udgment shall so state.
'he procedure for disposition of the defendant shall "e as provided "y N.J.).1. 6C*/3A and
6C*/3D and "y (. /*E/3E e&cept that in the case of defendants ac?uitted of murder "y reason
of insanity all hearings pursuant to (. /*E/3E4e5 shall "e in open court unless good cause is
shown for a hearing in camera.
(+L, -*6@. N,W '(I1L
-*6@3.. 'rial "y Court or Jury
'he trial !udge on defendant's motion may grant the defendant a new trial if re?uired in
the interest of !ustice. If trial was "y the !udge without a !ury the !udge may on defendant's
motion for a new trial vacate the !udgment if entered ta7e additional testimony and direct the
entry of a new !udgment. 'he trial !udge shall not however set aside the verdict of the !ury as
against the weight of the evidence unless having given due regard to the opportunity of the
!ury to pass upon the credi"ility of the witnesses it clearly and convincingly appears that there
was a manifest denial of !ustice under the law.
/
-*6@36. 'ime for ;a7ing ;otion
1 motion for a new trial "ased on the ground of newly3discovered evidence may "e
made at any time "ut if an appeal is pending the court may grant the motion only on remand
of the case. 1 motion for a new trial "ased on a claim that the defendant did not waive his or
her appearance for trial shall "e made prior to sentencing. 1 motion for a new trial "ased on
any other ground shall "e made within .@ days after the verdict or finding of guilty or within
such further time as the court fi&es during the .@3day period.
C%NCL+)I%N
If charged with any criminal offense immediately schedule an appointment with a
criminal trial attorney. #on't rely on a real estate attorney pu"lic defender or a family mem"er
who simply attended law school. When your life and !o" is on the line hire the "est attorney
availa"le.
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