- 3:22-6A-Notifying Court of Assignment; Filing of Appearance 3:22-6A Within ninety days of receipt of an order of assignment on a filed petition for post-conviction relief, the Public Defender shall provide the court with the name of the attorney assigned to represent the defendant. That attorney shall, within ten days, file an appearance with the judge. If a direct appeal, including a petition for certification, is pending, the Public Defender shall notify the court, and the petition shall be dismissed without prejudice. If the defendant refiles the petition within 90 days of the date of the judgment on direct appeal, including consideration of a petition for certification, or within five years after the date of the entry pursuant to Rule 3:21-5 of the judgment of conviction being challenged, it shall be considered a first petition for post-conviction relief. Where the order of assignment sets forth reasons that the petition is not cognizable under R. 3:22-2, or does not contain the requirements of R. 3:22-8, or the Office of the Public Defender determines that such deficiencies exist and so notifies the court, the attorney assigned to represent the defendant shall, within 120 days of assignment, file an amended petition or new application that is cognizable under R. 3:22-2 and which meets the requirements contained in R. 3:22-8, or shall seek other relief as may be appropriate. In the absence of an amended petition, the court may dismiss the petition without prejudice. In all other cases in which an attorney is representing the defendant, the attorney shall file an appearance contemporaneously with the filing of a petition for post-conviction relief. Note: Adopted July 16, 2009 to be effective September 1, 2009; paragraph (2) amended January 14, 2010 to be effective February 1, 2010. Part 3
- 3:22-9-Amendments of Pleadings; Answer by Prosecutor 3:22-9 Amendments of pleadings shall be liberally allowed. For all petitions assigned to the Office of the Public Defender pursuant to R. 3:22-6(a), assigned counsel may as of course serve and file an amended petition within 90 days after assignment. Except as provided in R. 3:22-6A(3), if assigned counsel determines that no amended petition is warranted, counsel must serve and file notice of that determination within 90 days after assignment. For all petitions assigned to the Office of the Public Defender, the prosecutor shall, within 60 days after service of a copy of the amended petition or the notice that no amended petition will be filed, serve and file an answer to the petition or amended petition. For all other petitions for post-conviction relief, within 60 days after service of a copy of the petition or amended petition, the prosecutor shall serve and file an answer thereto. The court may make such other orders with respect to pleadings as it deems appropriate. Note: Source -- R.R. 3:10A-9; caption and text amended July 16, 2009 to be effective September 1, 2009. Part 3
- 3:22-7-Docketing; Service on Prosecutor; Assignment for Disposition 3:22-7 The criminal division manager shall make an entry of the filing of the petition in the proceedings in which the conviction took place, and, if it is filed pro se, shall forthwith transmit a copy thereof to the prosecutor of the county. If the petition is filed by an attorney, that attorney shall serve a copy thereof on the prosecutor before filing and shall file proof, certification or acknowledgment of service with the petition. The criminal division manager shall promptly notify the Criminal Presiding Judge of the filing of the petition, and the Criminal Presiding Judge shall forthwith refer the matter for disposition to a trial judge. Note: Source -- R.R. 3:10A-7; amended July 13, 1994 to be effective September 1, 1994; amended July 16, 2009 to be effective September 1, 2009. Part 3
- 3:22-5-Bar of Ground Expressly Adjudicated 3:22-5 A prior adjudication upon the merits of any ground for relief is conclusive whether made in the proceedings resulting in the conviction or in any post-conviction proceeding brought pursuant to this rule or prior to the adoption thereof, or in any appeal taken from such proceedings. Note: Source -- R.R. 3:10A-5. Part 3
- Documents Formal Complaint - Simon, Britt J. Verified Answer - Simon, Britt J. Case Information Judge: Simon, Britt J. Status: Pending Last Updated: Aug. 19, 2025 Court: Municipal Court Issues:
- Formal Complaint - Simon, Britt J.
- 3:23-3-Notice of Appeal; Contents 3:23-3 The notice of appeal shall set forth the title of the action; the name and the address of the appellant and appellant's attorney, if any; a general statement of the nature of the offense; the date of the judgment; the sentence imposed; whether the defendant is in custody; and if a fine was imposed, whether it was paid or suspended; and the name of the court from which the appeal is taken. There shall be included in the notice of appeal a statement as to whether or not a stenographic record or sound recording was made pursuant to R. 7:8-8 in the court from which the appeal is taken. Where a verbatim record of the proceeding was taken, the notice of appeal shall also contain the attorney's certification of compliance with R. 2:5-1(g)(request for transcript) and R. 2:5-3(d) (deposit for transcript) or certification of the filing and service of a motion for abbreviation of transcript pursuant to R. 2:5-3(c). Note: Source--R.R. 3:10-3. Amended July 7, 1971 to be effective September 13, 1971; amended July 13, 1994 to be effective September 1, 1994; amended January 5, 1998 to be effective February 1, 1998; amended August 5, 2022 to be effective September 1, 2022. Part 3
- How to Enforce and Collect a Judgment CN: 11383 Translations Available Translation exists logo.
- 3:22-11-Determination; Findings and Conclusions; Judgment; Supplementary Orders 3:22-11 The court shall make its final determination not later than 60 days after the hearing or, if there is no hearing, not later than 60 days after the filing of the last amended petition or answer, with discretion to extend the final determination an additional 30 days, if approved by the Criminal Presiding Judge. In making final determination upon a petition, the court shall state separately its findings of fact and conclusions of law, and shall enter a judgment, which shall include an appropriate order or direction with respect to the judgment or sentence in the conviction proceedings and any appropriate provisions as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or as may otherwise be required. When a defendant raises a claim pursuant to R. 3:22-2(e), the court is authorized to allow defendant 45 days from entry of an order granting defendant’s petition for post-conviction relief to file a direct appeal. Note: Source -- R.R. 3:10A-12; amended July 16, 2009 to be effective September 1, 2009; amended January 14, 2010 to be effective February 1, 2010; amended July 27, 2018 to be effective September 1, 2018. Part 3
- 3:23-1-Exclusive Method of Review 3:23-1 Except as provided by R. 2:2-3(c), review of a judgment of conviction in a criminal action or proceeding in a court of limited criminal jurisdiction shall be by appeal as provided by R. 3-23. Note: Source – R.R. 3:10-1. Amended August 5, 2022 to be effective September 1, 2022. Part 3
- The Supreme Court Committee on Model Criminal Jury Charges has issued the following Model Criminal Jury Charges. All Model Criminal Jury Charges, including these new or revised charges, are available for downloading from the Judiciary’s Internet website at https://www.njcourts.gov/courts/criminal/model-criminal-jury-charges https://www.njcourts.gov/courts/criminal/model-criminal-jury-charges . These updates to the model charges are also included on the Judiciary’s “Automated Model Criminal Jury Charges System,” at https://www.njcourts.gov/criminal/apps/jurycharges/DefaultExternal.aspx https://www.njcourts.gov/criminal/apps/jurycharges/DefaultExternal.aspx Questions regarding these new and revised Model Criminal Jury Charges may be directed to the Criminal Practice Division, Administrative Office of the Courts, Hughes Justice Complex, P.O. Box 982, Trenton, New Jersey 08625; telephone 609-815-2900 609-815-2900 ext. 55300, or by email at AOCCrimPrac.mbx@njcourts.gov AOCCrimPrac.mbx@njcourts.gov . Document Date: Aug. 18, 2025 Publish Date: Aug. 18, 2025 Download Notice
- File Notice – New and Revised Model Criminal Jury Charges
- New Jersey Surrogates CN: 12217
- 3:21-11-Motion to Vacate Certain Convictions 3:21-11, Motion for Relief., In accordance with the time frame in paragraph (b) of this rule, a person convicted of N.J.S.A. 2C:34-1, prostitution and related offenses; or N.J.S.A. 2C:34-1.1, loitering for the purpose of engaging in prostitution; or a similar local ordinance may file a motion with the Superior Court in the county where the conviction occurred, to vacate the conviction and contemporaneously expunge any reference to the person's arrest, conviction, and any proceeding for prostitution, when the person's participation in the offense was a result of having been a victim of human trafficking pursuant to N.J.S.A. 2C:13-8 or as defined in 22 U.S.C. 7102(14). , Time., Following the entry of a judgment of conviction, a motion shall be made and heard within a reasonable time after the applicant has ceased to be a victim of human trafficking or has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the applicant, family members of the applicant, or other victims of human trafficking that may be jeopardized by the bringing of the motion, or for other reasons consistent with this rule. , Notice., The notice of motion, together with a copy of all supporting documents, shall be served by certified or registered mail, return receipt requested, upon the Attorney General; the county prosecutor of the county where the court is located; the Superintendent of State Police; the chief of police or other executive head of the police department of the municipality where the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State that participated in the arrest of the applicant; the superintendent or warden of any institution in which the applicant was confined; and, if a disposition was made in municipal court, upon the judge of that court. A noticed party may make an appearance or file a submission responding to the motion. , Contents of Motion; Certification; Procedure., , Contents of Motion., The motion shall set forth the following information: a notice of motion; the movant's certification setting forth the claim, along with a description of all of the evidence included; the movant's certification of victimization; packet of evidence documenting the applicant's status as a victim of human trafficking at the time of the offense; the date, docket number, and content of the complaint, indictment or accusation upon which the conviction was based and the county where filed; the date and content of the sentence or judgment complained of and the name of the presiding judge; consent to vacate the conviction and expunge any reference to the applicant's arrest, conviction, and any proceeding for prostitution from the prosecutor where the offense occurred, if such consent has been obtained; form of order to vacate the conviction and expunge records; and proof of service upon the parties. Evidence documenting the applicant's status as a victim of human trafficking at the time of the offense may include, but not be limited to: certified records of federal or State court proceedings which demonstrate that the applicant was a victim of a trafficker charged with a human trafficking offense under N.J.S.A. 2C:13-8 or chapter 77 of Title 18 of the United States Code; certified records of approval notices or law enforcement certifications generated from a federal immigration proceeding available to victims of human trafficking; testimony or a sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy or a health care or other professional from whom the applicant has sought assistance in addressing the trauma associated with being a victim of human trafficking; or any other evidence that the court deems appropriate. , Certification; Hearing., Any factual assertion that provides the predicate for a claim of relief must be made by an affidavit or certification pursuant to Rule 1:4- 4 and based upon personal knowledge of the declarant. A hearing need not be conducted on the motion, unless the court, after review of the material submitted, concludes that a hearing is required in the interest of justice. , Order., The court may vacate a conviction pursuant to this rule upon a finding by a preponderance of the evidence that the applicant was a victim of human trafficking pursuant to N.J.S.A. 2C:13-8 or as defined in 22 U.S.C. 7102(14) at the time of the offense, and that the violation was a result of the applicant having been a victim of human trafficking. If the court finds that the applicant was a victim of human trafficking it shall enter an order vacating the conviction and directing that all court records be revised accordingly, and requiring that any court, law enforcement, correctional agencies, and other parties noticed pursuant to this rule expunge all references to the applicant's arrest, conviction, and related proceedings for the violation of N.J.S.A. 2C:34-1, prostitution and related offenses; or N.J.S.A. 2C:34-1.1, loitering for the purpose of engaging in prostitution; or a similar local ordinance from all records in their custody that relate to the vacated conviction. , Expungement., Nothing herein shall prohibit a person from seeking an expungement pursuant to N.J.S.A. 2C:52-1 to -32. Note: Adopted July 27, 2015 to be effective September 1, 2015. Part 3
- 3:21-10-Reduction or Change of Sentence 3:21-10, Time., Except as provided in paragraph (b) hereof, a motion to reduce or change a sentence shall be filed not later than 60 days after the date of the judgment of conviction. The court may reduce or change a sentence, either on motion or on its own initiative, by order entered within 75 days from the date of the judgment of conviction and not thereafter. , Exceptions., A motion may be filed and an order may be entered at any time (1) changing a custodial sentence to permit entry of the defendant into a custodial or non-custodial treatment or rehabilitation program for drug or alcohol abuse, or (2) amending a custodial sentence to permit the release of a defendant because of illness or infirmity of the defendant, or (3) changing a sentence for good cause shown upon the joint application of the defendant and prosecuting attorney, or (4) changing a sentence as authorized by the Code of Criminal Justice, or (5) correcting a sentence not authorized by law including the Code of Criminal Justice, or (6) changing a custodial sentence to permit entry into the Intensive Supervision Program, or (7) changing or reducing a sentence when a prior conviction has been reversed on appeal or vacated by collateral attack. , Procedure., A motion filed pursuant to paragraph (b) hereof shall be accompanied by supporting affidavits and such other documents and papers as set forth the basis for the relief sought. A hearing need not be conducted on a motion filed under paragraph (b) hereof unless the court, after review of the material submitted with the motion papers, concludes that a hearing is required in the interest of justice. All changes of sentence shall be made in open court upon notice to the defendant and the prosecutor. An appropriate order setting forth the revised sentence and specifying the change made and the reasons therefor shall be entered on the record. On any motion filed pursuant to this rule, upon a showing of good cause, the court may assign the Office of the Public Defender to represent the defendant. , Consideration During Appeal., Notwithstanding R. 2:9-1(a), the trial court may reconsider a sentence pursuant to this Rule during the pendency of an appeal upon notice to the Appellate Division. , Intensive Supervision., Motions for change of custodial sentence and entry into the Intensive Supervision Program, as provided for in paragraph (b) of this rule, shall be addressed entirely to the sound discretion of the two-judge panel assigned to hear them. Because of the nature of the program, there shall be no administrative or judicial review at the several levels of eligibility established under the program. No further appellate review of the panel's substantive decision shall be afforded. The two-judge panel shall have the authority to resentence offenders, in accordance with applicable statutes, in the event they fail to perform satisfactorily following entry into the program. Note: Source-R.R. 3:7-13(a)(b); paragraph (b) amended and redesignated as (c) and new paragraph (b) adopted July 17, 1975 to be effective September 8, 1975; paragraph (b) amended August 28, 1979 to be effective September 1, 1979; new paragraph (d) adopted July 16, 1981 to be effective September 14, 1981; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraph (b) amended and paragraph (e) adopted July 22, 1983 to be effective September 12, 1983; paragraph (c) amended July 13, 1994 to be effective January 1, 1995; paragraph (b) amended June 28, 1996 to be effective September 1, 1996; paragraphs (b) and (c) amended July 16, 2009 to be effective September 1, 2009; paragraph (e) amended October 3, 2018 to be effective immediately. Part 3
- 3:22-1-Petition for Relief 3:22-1 Any person convicted of a crime may, pursuant to this rule, file with the criminal division manager's office of the county in which the conviction took place a petition for post-conviction relief captioned in the action in which the conviction was entered. Note: Source -- R.R. 3:10A-1. Amended July 5, 2000 to be effective September 5, 2000. Part 3
- media:document:d74ef80a-f2ba-41c8-ab89-d43acaac0169
- Bail Reform Is Working
- 3:21-7-Probation and Suspended Sentence 3:21-7, Conditions., The order shall require the defendant to comply with standard conditions adopted by the court and filed by counsel with the criminal division manager as designee of the deputy clerk of the Superior Court (except as otherwise ordered), as well as such special conditions, including a term of imprisonment pursuant to N.J.S.A. 2C:45-1(c), as the court imposes. As a condition of probation the court may impose a term of community-related service to be performed by the defendant under such terms and conditions as the court may determine. A copy of the order, together with the standard and special conditions, shall be furnished to the defendant, and read and explained to the defendant by the probation officer, whereupon the defendant and the probation officer shall sign a joint statement, to be filed with the criminal division manager as designee of the deputy clerk of the Superior Court, as to the officer's compliance with such reading and explanation requirement. If the defendant refuses to sign such statement, the defendant shall be resentenced. , Detention., The court may, pursuant to N.J.S.A. 2C:45-3(a)(3), upon a showing of probable cause that the defendant has committed another offense, detain without bail pending determination of the charge, a defendant who was sentenced to probation or whose sentence was suspended. , Revocation., At any time before termination of the period of suspension or probation, the court may revoke a suspension or probation pursuant to N.J.S.A. 2C:45- 3. Note: Source-R.R. 3:7-10(g). Amended July 16, 1979 to be effective September 10, 1979; amended August 28, 1979 to be effective September 1, 1979; paragraphs (a) and (b) amended July 13, 1994 to be effective January 1, 1995. (Explanatory note: The July 16, 1979 amendment to this rule included in this text since the adopting order has already been entered even though the effective date is later than that applicable to the subsequent change.) Part 3
- Substitution of Attorney CN: 12205