- Order Amending 6/27/25 Order re: Kline & Specter Dismissals
- state-of-mind-motive-evidence-order-and-opinion.pdf
- defense-response-to-motion-brief-motion-to-dismiss-indictment.pdf
- confidential-def-response-to states-notice.pdf
- notice-of-motion-to-suppress-dvr-evidence.pdf
- Defense Letter Brief in Support of Motion to Suppress Statements
- 18-4915-order-to-change-venue-signed
- supplemental-letter-re-motion-to-change-venue.pdf
- Case Management Order #3
- confidential-def-brief-motion-to-change-venue
- 3:4-7-Pre-Indictment Hearing 3:4-7, Eligible Defendant., The court shall conduct a pre-indictment hearing for an eligible defendant, as defined in N.J.S.A. 2A:162-15, who has been charged with an indictable offense, has not been indicted, and is detained. , Scheduling., The court shall schedule the hearing to occur before the expiration of the 90-day period for the return of the indictment pursuant to N.J.S.A. 2A:162-22, adjusted for excludable time, and not earlier than 15 calendar days before that expiration date. , Discovery., Unless previously provided, the prosecutor shall provide to the defendant all available relevant material pursuant to R. 3:13-3(a) no later than three business days prior to the hearing date. , Hearing and Finding., At the hearing, the State must establish probable cause to support the criminal charges. To meet that burden, the State must present oral testimony from at least one witness with personal knowledge of the case; that witness may be a law enforcement officer involved in the investigation. The defendant shall be afforded the right to cross-examine any witness who appears at the hearing, to testify, to present witnesses, and to present information by proffer or otherwise. Hearsay testimony is permissible. The hearing shall be held remotely unless the court finds good cause to conduct the hearing in-person. , Probable Cause., If from the evidence presented by the prosecutor, the court finds probable cause to believe the offense has been committed and the defendant committed it, the court may allocate an additional period of time, not to exceed 20 days, in which the return of an indictment shall occur. , No Probable Cause., If from the evidence presented by the prosecutor, the court does not find probable cause, the court shall dismiss the complaint and discharge the defendant. A discharge does not preclude the prosecutor from filing a new complaint and prosecuting the defendant for the same offense. , Return of Indictment., The hearing shall not be held if an indictment has been returned against the defendant. Note: Adopted November 10, 2020 to be effective January 15, 2021. Part 3
- 3:4-3-Hearing as to Probable Cause on Indictable Offenses 3:4-3 If the defendant does not waive indictment and trial by jury but does waive a hearing as to probable cause, the court shall forthwith bind the defendant over to await final determination of the cause. If the defendant does not waive a hearing as to probable cause and if before the hearing an indictment has not been returned against the defendant with respect to the offense charged, after notice to the county prosecutor a judge of the Superior Court shall hear the evidence offered by the State within a reasonable time and the defendant may cross-examine witnesses offered by the State. If, from the evidence, it appears to the court that there is probable cause to believe that an offense has been committed and the defendant has committed it, the court shall forthwith bind the defendant over to await final determination of the cause; otherwise, the court shall discharge the defendant from custody if the defendant is detained. Notice to the county prosecutor may be oral or in writing. An entry shall be made on the docket as to when and how such notice was given. After concluding the proceeding the court shall transmit, forthwith, to the county prosecutor all papers in the cause. Whether or not the court finds probable cause, it shall continue in effect any monetary bail previously posted in accordance with R. 3:26 or any other condition of pretrial release not involving restraints on liberty; and any monetary bail taken by the court shall be transmitted to the financial division manager's office. If the defendant is discharged for lack of probable cause and an indictment is not returned within 120 days, the bail shall thereafter be returned and conditions of pretrial release, if any, terminated. Note: Source-R.R. 3:2-3(c). Paragraph designations added and paragraphs (a) and (b) amended July 16, 1979 to be effective September 10, 1979; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended June 15, 2007 to be effective September 1, 2007; paragraph (b) amended August 30, 2016 to be effective January 1, 2017. Part 3
- 3:4-4-Proceedings in Arrest Under Uniform Fresh Pursuit Law 3:4-4 If an arrest is made in this State by an officer of another state in accordance with the provisions of N.J.S. 2A:155-1 to N.J.S. 2A:155-7, inclusive (Uniform Law on Fresh Pursuit), the officer shall take the arrested person, without unnecessary delay, before the nearest available judge who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, the judge shall commit the person to await, for a reasonable time, the issuance of an extradition warrant by the Governor of this State, or admit the person to monetary bail for such purpose. If the court determines that the arrest was unlawful it shall discharge the person arrested. Note: Source -- R.R. 3:2-3(d), 8:3-3(d); amended July 13, 1994 to be effective September 1, 1994; amended August 30, 2016 to be effective January 1, 2017. Part 3
- state-response-to-motion-brief-motion-to-change-venue.pdf
- motion-to leave-to appeal
- Warrant to Satisfy Judgment - Child Support CN: 12208
- confidential-motion-for-leave-to-appeal.pdf
- Case Management Order #4
- 3:4-5-Effect of Technical Insufficiency or Irregularity in the Proceedings 3:4-5 A defendant held in custody under a commitment after a hearing as to probable cause shall not be discharged nor shall such hearing be deemed invalid because of any technical insufficiency or irregularity in the commitment or prior proceedings not prejudicial to the defendant, or because the offense for which the defendant is held to answer is other than that stated in the complaint or arrest warrant. Note: Source R.R. 3:2-3(e), 8:3-3(e). Part 3
- 3:4-6-Pre-Indictment Disposition Conference 3:4-6 The court shall conduct a conference for the purpose of discussing and/or finalizing any pre-indictment dispositions. The conference shall be conducted on the record, in open court in the presence of the prosecutor, the defendant and defense counsel. Note: Adopted April 12, 2016 to be effective September 1, 2016. Part 3