- 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
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- 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
- 3:21-8-Credit for Confinement Pending Sentence and Re-Sentence 3:21-8 The defendant shall receive credit on the term of a custodial sentence for any time served in custody in jail or in a state hospital between arrest and the imposition of sentence. While committed to a residential treatment facility, the defendant shall receive credit on the term of a custodial sentence for each day during which the defendant satisfactorily complied with the terms and conditions of Recovery Court "special probation" pursuant to N.J.S.A. 2C:35-14 or Recovery Court probation pursuant to N.J.S.A. 2C:45-1. The court, in determining the number of credits for time spent in a residential treatment facility, shall consider the recommendations of the treatment provider. Note: Source -- R.R. 3:7-10(h) (first sentence); amended July 13, 1994 to be effective September 1, 1994; caption amended and text designated as paragraph (a), paragraph (b) adopted July 28, 2017 to be effective September 1, 2017; paragraph (b) amended August 4, 2023 to be effective September 1, 2023. Part 3
- 3:21-5-Judgment 3:21-5 The judgment shall be signed by the judge and entered by the clerk. A judgment of conviction shall set forth the plea, the verdict or findings, the adjudication and sentence, a statement of the reasons for such sentence, and a statement of credits received pursuant to R. 3:21-8. If the defendant is found not guilty or for any other reason is entitled to be discharged judgment shall be entered accordingly. The Criminal Division Manager shall forward a copy of the judgment forthwith to all parties and their counsel. Note: Source-R.R. 3:7-10(e); amended August 27, 1974 to be effective September 9, 1974; amended July 29, 1977 to be effective September 6, 1977; amended November 1, 1985 effective January 2, 1986; new paragraph (a) added, and former text amended, caption added, and designated as paragraph (b) July 12, 2002 to be effective September 3, 2002; paragraph (a) caption and text deleted and paragraph (b) caption and paragraph designation deleted July 28, 2017 to be effective September 1, 2017. Part 3
- 3:21-9-Arrest of Judgment 3:21-9 The court on a defendant's motion shall arrest judgment if the indictment or accusation does not charge an offense or if the charge is based on an invalid or unconstitutional statute or regulation promulgated pursuant to a statute or if the court was without jurisdiction of the offense charged. The motion in arrest of judgment shall be made within 10 days after verdict of guilt or the entry of a plea of guilty or non vult, or within such further time as the court fixes during such 10-day period. Note: Source-R.R. 3:7-12. Part 3
- 3:21-6-Conviction of a Corporation 3:21-6 If a corporation is convicted of an offense the court shall give judgment thereon and shall cause such judgment to be enforced in the same manner as a judgment in a civil action. Note: Source-R.R. 3:7-10(f). Part 3
- 3:21-1-Withdrawal of Plea 3:21-1 A motion to withdraw a plea of guilty or non vult shall be made before sentencing, but the court may permit it to be made thereafter to correct a manifest injustice. Note: Source-R.R. 3:7-10(a). Part 3
- UPDATED RFQ WAIVE-CONF-2628 Amendment 5
- How to Ask the Court to Order a Bank to Turn Over Funds That Have Been Frozen CN: 10547 Translations Available Translation exists logo.
- 3:22-2-Grounds 3:22-2 A petition for post-conviction relief is cognizable if based upon any of the following grounds: Substantial denial in the conviction proceedings of defendant's rights under the Constitution of the United States or the Constitution or laws of the State of New Jersey; Lack of jurisdiction of the court to impose the judgment rendered upon defendant's conviction; Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law if raised together with other grounds cognizable under paragraph(a), (b), or (d) of this rule. Otherwise a claim alleging the imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law shall be filed pursuant to R. 3:21-10(b)(5). Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy. A claim of ineffective assistance of counsel based on trial counsel’s failure to file a direct appeal of the judgment of conviction and sentence upon defendant’s timely request. Note: Source -- R.R. 3:10A-2; paragraph (c) amended July 16, 2009 to be effective September 1, 2009, new paragraph (e) adopted July 27, 2018 to be effective September 1, 2018. Part 3