A criminal case The life of a criminal case in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. Cr1Complaint; summons or warrantDay 0; the complaint goes to the prosecutor immediately on issuance
2. Cr2First appearanceWithin 48 hours of commitment to the county jail, if held and no detention motion is filed
3. Cr3Pretrial detention hearingNo later than the first appearance; within 3 working days if the prosecutor moves later
   1. If released: R1, then back at Cr4.
   2. R1Released on conditionsRelease decision no later than 48 hours after commitment to the county jail
   1. If detained: D1, then back at Cr4.
   2. D1Held in the county jailAppeal within 7 days; indictment within 90 days of commitment or the defendant is released
4. Cr4Grand jury and indictment90 days from commitment if the defendant is detained; otherwise no fixed day
5. Cr5Arraignment and pleaWithin 14 days of the return or unsealing of the indictment
   1. If admitted to pretrial intervention: I1 to I3, then back at Cr9.
   2. I1Application to pretrial interventionProsecutor's decision within 14 days of the return of the indictment; 10 days to challenge a rejection
   3. I2Proceedings postponed; supervisionUp to 36 months in all
   4. I3Dismissed, or back to the ordinary courseAt the end of the postponement, or earlier on probation's motion
6. Cr6DiscoveryState's discovery on the return or unsealing of the indictment; defense discovery within 14 days of arraignment
7. Cr7Pretrial motionsFiled with a brief by the Initial Case Disposition Conference; decided before the trial date is set
   1. If a plea agreement is reached: P1 to P2, then back at Cr9.
   2. P1Plea discussionsAny time before trial; the meet-and-confer comes before the Initial Case Disposition Conference
   3. P2Plea agreement on the recordAt the plea hearing; an extended-term motion at or before the plea
8. Cr8Trial and verdictDetained defendant: trial within 180 days of the indictment; otherwise the court's date
9. Cr9SentenceWithout unreasonable delay; extended-term motion within 14 days of the plea or verdict
10. Cr10Appeal45 days from entry of the judgment of conviction

Stop by stop

1. Cr1 Complaint; summons or warrant

   Clock: Day 0; the complaint goes to the prosecutor immediately on issuance

   It starts with a sworn complaint, a written statement of the facts of the offense, on the court's form. A judicial officer reads it and decides two things: whether there is probable cause, and whether the defendant gets a Complaint-Summons (a date to appear) or a Complaint-Warrant (an arrest). The summons is the presumption; the warrant needs a ground from the rule. A citizen's complaint for an indictable offense goes through the county prosecutor first and can only be issued by a judge. Once issued, the complaint is forwarded to the prosecutor and the criminal division manager.

   What the rule says 4 sources

   “The complaint shall be a written statement of the essential facts constituting the offense charged made on a form approved by the Administrative Director of the Courts.”

   R. 3:2-1(a) · as code

   “Where a Complaint-Summons (CDR-1) or Complaint-Warrant (CDR-2) alleges an indictable offense, the complaint shall be forwarded through the Judiciary’s computerized system used to generate complaints to the prosecutor and the criminal division manager’s office immediately upon issuance.”

   R. 3:2-1(b) · as code

   “an arrest warrant may be issued on a complaint only if: a judicial officer finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the warrant; and a judicial officer finds that paragraphs (d), (e), or (f) of this rule allow a warrant rather than a summons to be issued.”

   R. 3:3-1(a) · as code

   “Unless issuance of a complaint-warrant is authorized pursuant to paragraph (d) of this rule, a complaint-summons rather than a complaint-warrant shall be issued when a defendant is charged with an offense other than one set forth in paragraphs (e) or (f) of this rule.”

   R. 3:3-1(c) · as code

2. Cr2 First appearance

   Clock: Within 48 hours of commitment to the county jail, if held and no detention motion is filed

   The defendant is brought before a Superior Court judge at a central location. The judge hands over the complaint, states the charge, gives the right-to-silence and right-to-counsel warnings, asks whether the defendant wants a lawyer and writes the answer on the complaint, hands an indigent defendant the Public Defender application to fill out then and there, and explains pretrial intervention, recovery court, the probable-cause hearing, the grand jury and the jury trial. If nobody represents the defendant, the court can assign the Public Defender for this one hearing.

   What the rule says 3 sources

   “If the defendant remains in custody and the prosecutor has not filed a motion for pretrial detention, the first appearance shall occur within 48 hours of a defendant’s commitment to the county jail, and shall be before a judge with authority to set conditions of release for the offenses charged.”

   R. 3:4-2(a) · as code

   “All first appearances for indictable offenses shall occur at a centralized location and before a Superior Court judge or a judge designated by the Chief Justice. If the defendant is unrepresented at the first appearance, the court is authorized to assign the Office of the Public Defender to represent the defendant for purposes of the first appearance.”

   R. 3:4-2(b) · as code

   “inform the defendant of the right to retain counsel and, if indigent, the right to be represented by the public defender; ask the defendant specifically whether he or she wants counsel and record the defendant's answer on the complaint; provide the defendant who asserts indigence with an application for public defender services, which the defendant shall complete and submit at that time for immediate processing by the court, unless the defendant affirmatively and knowingly waives the right to counsel; inform the defendant that there is a pretrial intervention program and where and how an application to it may be made”

   R. 3:4-2(c) · as code

3. Cr3 Pretrial detention hearing

   Clock: No later than the first appearance; within 3 working days if the prosecutor moves later

   New Jersey has no cash-bail line to wait in. If the prosecutor wants the defendant held, the prosecutor files a motion and a Superior Court judge holds a hearing, at the first appearance or within three working days of a later motion. The defendant has counsel, gets the discovery, may testify, call and cross-examine witnesses, and is presumed releasable unless the State proves by clear and convincing evidence that no conditions will do; the presumption flips to detention for murder and life-term crimes. The answer sends the case down one of two rails: released on conditions, or held. Either way the case reaches the grand jury.

   What the rule says 3 sources

   “A pretrial detention hearing shall be held before a Superior Court judge no later than the defendant’s first appearance unless the defendant or the prosecutor seeks a continuance or the prosecutor files a motion after the defendant’s first appearance. If the prosecutor files a motion after the defendant’s first appearance the pretrial detention hearing shall be held within three working days of the date of the prosecutor’s motion unless the defendant or prosecutor seek a continuance.”

   R. 3:4A(b) · as code

   “The defendant shall have a right to be represented by counsel and, if indigent, to have counsel appointed if he or she cannot afford counsel. The defendant shall be provided discovery pursuant to Rule 3:4-2(c)(2). The defendant shall be afforded the right to testify, to present witnesses, to cross-examine witnesses who appear at the hearing and to present information by proffer or otherwise.”

   R. 3:4A(b) · as code

   “The standard of proof for the rebuttal of the presumption of pretrial release shall be by clear and convincing evidence.”

   R. 3:4A(b) · as code

   Fork. If released, the paper leaves the main line here for R1 and comes back at Cr4.

   Fork. If detained, the paper leaves the main line here for D1 and comes back at Cr4.

4. Side rail. If released: R1, off the main line at Cr3.

   1. R1 Released on conditions

      Clock: Release decision no later than 48 hours after commitment to the county jail

      No detention motion, or the motion lost: the defendant goes home on personal recognizance, an unsecured bond, or the least restrictive conditions that will get the defendant back to court and keep people safe. Money is a last resort, only when nothing else will assure appearance, and a defendant who cannot post it gets a prompt, expedited review. The court reads the Pretrial Services risk assessment and must explain any departure from it. Break the conditions and the State can move to revoke.

      What the rule says 4 sources

      “all persons for whom a complaint-warrant or a warrant on indictment is issued for an initial charge involving an indictable offense or disorderly persons offense shall be released before conviction on either personal recognizance, the execution of an unsecured appearance bond, or the least restrictive non-monetary conditions that, in the judgment of the court, will reasonably assure their presence in court when required, the protection of the safety of any other person or the community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process.”

      R. 3:26-1 · as code

      “In addition to these non-monetary conditions, monetary conditions may be set for a defendant but only when it is determined that no other conditions of release will reasonably assure the defendant's appearance in court when required.”

      R. 3:26-1 · as code

      “The court shall make a pretrial release determination no later than 48 hours after a defendant's commitment to the county jail.”

      R. 3:26-1 · as code

      “If a defendant is unable to post monetary bail, the defendant shall have that monetary bail reviewed promptly and may file an application with the court seeking a monetary bail reduction which shall be heard in an expedited manner.”

      R. 3:26-2 · as code

   Rejoins. Back on the main line at Cr4.

5. Side rail. If detained: D1, off the main line at Cr3.

   1. D1 Held in the county jail

      Clock: Appeal within 7 days; indictment within 90 days of commitment or the defendant is released

      The motion won: the judge signs a detention order with written findings and reasons, and the defendant waits in the county jail. Three things keep this from being open-ended. The order can be appealed within seven days on an expedited track. The hearing can be reopened on new information that bears on release. And a speedy-trial clock starts: the State has 90 days from commitment to indict, and the hearing on any pretrial motion must be finished within 60 days of filing. The court can also order a temporary release to prepare the defense.

      What the rule says 4 sources

      “If the court determines that pretrial detention is necessary it shall issue an order containing written findings of fact and a written statement of reasons for the detention. That order shall also direct that the defendant be afforded reasonable opportunity for private consultation with counsel.”

      R. 3:4A · as code

      “A hearing may be reopened at any time before trial if the court finds that information exists that was not known by the prosecutor or defendant at the time of the hearing and that information has a material bearing on the issue of whether there are conditions of release that will reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or the community, or that the defendant will not obstruct or attempt to obstruct the criminal justice process.”

      R. 3:4A(b) · as code

      “Appeals from orders granting pretrial detention shall be filed within 7 days of their entry and follow the process described in R. 2:9-13.”

      R. 2:4-1(a) · as code

      “prior to the return of an indictment, an eligible defendant shall not remain detained in jail for more than 90 days following the date of the defendant’s commitment to the county jail”

      R. 3:25-4 · as code

   Rejoins. Back on the main line at Cr4.

6. Cr4 Grand jury and indictment

   Clock: 90 days from commitment if the defendant is detained; otherwise no fixed day

   The prosecutor presents the case to a grand jury in private; the defendant is not there. Twelve or more jurors must agree to indict. The indictment, a written statement of the facts of the crime signed by the prosecutor and endorsed as a true bill by the foreperson, is returned in open court to the Assignment Judge; it can be sealed until the defendant is in custody or released. If the grand jury returns no bill, a defendant in jail is released at once. The two jail rails rejoin here: released or held, the case now has an indictment and a judge.

   What the rule says 3 sources

   “An indictment may be found only upon the concurrence of 12 or more jurors and shall be returned in open court to the Assignment Judge or, in the Assignment Judge's absence, to any Superior Court judge assigned to the Law Division in the county.”

   R. 3:6-8(a) · as code

   “If the defendant has been held to answer a complaint and, after submission to the grand jury, no indictment has been found, the foreperson shall forthwith so report in writing to the court, who shall forthwith order the defendant's release unless the defendant's detention is required by other pending proceedings.”

   R. 3:6-8(b) · as code

   “The indictment or accusation shall be a written statement of the essential facts constituting the crime charged, need not contain a formal commencement and shall be signed by the prosecuting attorney. The indictment shall be endorsed as a true bill by the foreperson and conclude: "against the peace of this State, the government and dignity of the same."”

   R. 3:7-3(a) · as code

7. Cr5 Arraignment and plea

   Clock: Within 14 days of the return or unsealing of the indictment

   The criminal division manager writes to the defendant with a date. In open court the judge states the charge, checks that discovery has been obtained or requested, confirms the defendant has gone over the indictment and the discovery with counsel, and, if asked, lets the defendant apply for pretrial intervention. The defendant enters a plea. On a not-guilty plea counsel report where plea talks stand and say which motions they mean to file. This is where the pretrial intervention rail forks off.

   What the rule says 3 sources

   “Upon the return or unsealing of the indictment, the defendant shall be notified in writing by the criminal division manager's office of the date, time, and location to appear for arraignment, which shall occur within 14 days of the return or unsealing of the indictment.”

   R. 3:9-1 · as code

   “At the arraignment, the judge shall (i) advise the defendant of the substance of the charge; (ii) confirm that if the defendant is represented by the public defender, discovery has been obtained, or if the defendant has retained private counsel, discovery has been requested pursuant to R. 3:13-3(b)(1), or counsel has affirmatively stated that discovery will not be requested; (iii) confirm that the defendant has reviewed with counsel the indictment and, if obtained, the discovery; (iv) if so requested, allow the defendant to apply for pretrial intervention;”

   R. 3:9-1 · as code

   “The defendant shall enter a plea to the charges. If the plea is not guilty, counsel shall report on the results of plea negotiations and such other matters discussed by the parties which shall promote a fair and expeditious disposition of the case.”

   R. 3:9-1 · as code

   Fork. If admitted to pretrial intervention, the paper leaves the main line here for I1 and comes back at Cr9.

8. Cr6 Discovery

   Clock: State's discovery on the return or unsealing of the indictment; defense discovery within 14 days of arraignment

   The State's file is handed over when the indictment comes back, without a request; a Public Defender client's lawyer picks it up from the prosecutor before the arraignment, and private counsel gets it within three business days of a written request. Where the volume is extraordinary the prosecutor may instead open the office for inspection and copying. Discovery runs both ways: the defense hands over its own material by the judge's date and never later than fourteen days after arraignment. A pre-indictment plea offer comes with the discovery that would be due at indictment.

   What the rule says 3 sources

   “Except for good cause shown, the prosecutor's discovery for each defendant named in the indictment shall be provided by the prosecutor’s office, upon the return or unsealing of the indictment.”

   R. 3:13-3(b)(1) · as code

   “Defense counsel shall provide a copy of the discovery materials to the prosecuting attorney by a date to be determined by the trial judge, except in no event later than 14 days after the date of the arraignment.”

   R. 3:13-3(b) · as code

   “where the prosecutor has made a pre-indictment plea offer, the prosecutor shall, at the time the plea offer is made, provide defense counsel with all available relevant material that would be discoverable at the time of indictment pursuant to paragraph (b)(1) of this rule”

   R. 3:13-3(a) · as code

9. Cr7 Pretrial motions

   Clock: Filed with a brief by the Initial Case Disposition Conference; decided before the trial date is set

   Counsel announced their motions at the arraignment; now they file them, each with a brief, by the Initial Case Disposition Conference, and the court sets the briefing and hearing dates there. One motion carries every defense and objection then available. Double jeopardy and defects in the indictment or in how the prosecution was begun must be raised now or they are waived. Suppression, severance, dismissal, and the rest are decided before the trial memorandum is written and the trial date fixed. For a detained defendant the record on any motion must be closed within 60 days of filing. The plea rail forks off here.

   What the rule says 3 sources

   “Unless otherwise instructed by the court, at the arraignment counsel shall advise the court of their intention to make motions. Absent good cause, all motions shall be filed with the court and be accompanied by a brief by the scheduled Initial Case Disposition Conference.”

   R. 3:10-2(a) · as code

   “A motion made before trial shall be determined before the trial memorandum is prepared and the trial date fixed, unless the court, for good cause, orders it deferred for determination at or after trial.”

   R. 3:10-2(b) · as code

   “The defense of double jeopardy and all other defenses and objections based on defects in the institution of the prosecution or in the indictment or accusation, except as otherwise provided by R. 3:10-2(d) (defenses which may be raised only before or after trial) and R. 3:10-2(e) (lack of jurisdiction), must be raised by motion before trial. Failure to so present any such defense constitutes a waiver thereof, but the court for good cause shown may grant relief from the waiver.”

   R. 3:10-2(c) · as code

   Fork. If a plea agreement is reached, the paper leaves the main line here for P1 and comes back at Cr9.

10. Cr8 Trial and verdict

    Clock: Detained defendant: trial within 180 days of the indictment; otherwise the court's date

    A jury of twelve unless the defendant waives one. The defendant must be in the room for every stage, from picking the jury to the verdict, and a defendant who skips a noticed trial date can be tried in absence. The jury gets a written verdict sheet, reviewed by both sides before summations; with several counts or defendants it may return a verdict on what it agrees on, and the rest can be tried again. Guilty, the line runs on to sentence. Not guilty, it ends here.

    What the rule says 4 sources

    “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.”

    R. 3:16(b) · as code

    “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.”

    R. 3:19-1(a) · as code

    “A written verdict sheet shall be reviewed prior to summation at which time either party may raise an objection. Any objections to the verdict sheet shall be placed on the record.”

    R. 3:19-1(b) · as code

    “an eligible defendant who has been indicted shall not remain detained in jail or a juvenile detention facility for more than 180 days on that charge following the return or unsealing of the indictment”

    R. 3:25-4 · as code

11. Side rail. If admitted to pretrial intervention: I1 to I3, off the main line at Cr5.

    1. I1 Application to pretrial intervention

       Clock: Prosecutor's decision within 14 days of the return of the indictment; 10 days to challenge a rejection

       Pretrial intervention is supervision instead of prosecution, for a first-time defendant the program and the prosecutor both accept. The defendant fills out the court's form and files it with the Criminal Division. Some charges need the prosecutor's consent before the application is even read. Enrollment does not require a guilty plea for most crimes; a defendant who says they are innocent can still be enrolled. A rejection can be taken to the judge within ten days, but the bar is high: patent and gross abuse of discretion.

       What the rule says 4 sources

       “Every applicant for pretrial intervention shall complete a form as prescribed by the Administrative Director of the Courts for filing with the Criminal Division.”

       R. 3:28-3(a) · as code

       “Except as set forth in paragraph (b)(2), enrollment in pretrial intervention programs shall not be conditioned upon either informal admission or entry of a plea of guilty. Enrollment of defendants who maintain their innocence is to be permitted unless the defendant's attitude would render pretrial intervention ineffective.”

       R. 3:28-5(b)(1) · as code

       “In such cases the prosecutor shall inform the criminal division manager, the defendant, and defendant’s attorney of the decision on the application and enrollment within 14 days of the return of the indictment.”

       R. 3:28-3 · as code

       “shall file a motion with the Presiding Judge of the Criminal Division, or the judge to whom the case has been assigned, within ten days after receipt of the rejection and, if prepared, of the Criminal Division Manager’s report.”

       R. 3:28-6(a) · as code

    2. I2 Proceedings postponed; supervision

       Clock: Up to 36 months in all

       Accepted, with the prosecutor and the defendant consenting, the judge postpones the whole case for a term of up to thirty-six months while the defendant reports to probation. Nothing the defendant tells program staff can go to the prosecutor or be used in any later proceeding, though probation may say whether the defendant is doing well.

       What the rule says 2 sources

       “Where a defendant charged with a penal or criminal offense has been accepted by the program, the judge may, on the recommendation of the criminal division manager and with the consent of the prosecutor and the defendant, postpone all further proceedings against said defendant on such charges for a period not to exceed thirty-six months.”

       R. 3:28-7(a) · as code

       “No statement or other disclosure regarding the charge or charges against the participant made or disclosed by a participant in pretrial intervention to a person designated to provide supervisory treatment shall be disclosed by such person at any time, to the prosecutor, nor shall any such statement or disclosure be admitted as evidence in any civil or criminal proceeding against the participant”

       R. 3:28-8 · as code

    3. I3 Dismissed, or back to the ordinary course

       Clock: At the end of the postponement, or earlier on probation's motion

       Three exits. Finish the program and the indictment is dismissed and the case leaves the line for good. The judge can extend the postponement, but never past thirty-six months in total. Or, on probation's or the prosecutor's written recommendation, after a hearing the defendant is entitled to, the prosecution resumes in the ordinary course: for the defendant whose enrollment required a guilty plea, that means sentence; for anyone else, it means the main line from wherever it was left. Program records and the defendant's statements to staff cannot be used against them.

       What the rule says 3 sources

       “On recommendation of the vicinage chief probation officer and with the consent of the prosecutor and the defendant, dismiss the complaint, indictment or accusation against the defendant, such a dismissal to be designated “complaint (or indictment or accusation) dismissed";”

       R. 3:28-7(b) · as code

       “On the written recommendation of the vicinage chief probation officer or the prosecutor or on the court’s own motion order the prosecution of the defendant to proceed in the ordinary course.”

       R. 3:28-7(b) · as code

       “During the conduct of hearings subsequent to an order returning the defendant to prosecution in the ordinary course, no program records, investigative reports, reports made for a court or prosecuting attorney, or statements made by the defendant to program staff shall be admissible in evidence against such defendant.”

       R. 3:28-8 · as code

    Rejoins. Back on the main line at Cr9.

12. Side rail. If a plea agreement is reached: P1 to P2, off the main line at Cr7.

    1. P1 Plea discussions

       Clock: Any time before trial; the meet-and-confer comes before the Initial Case Disposition Conference

       The prosecutor and defense counsel are required to talk about a plea and a sentence; the judge stays out of it unless both sides ask the court to look at a tentative deal in advance. Then the judge may say whether the court will go along with it, or, with both counsel's consent, the most it would impose on a guilty plea, assuming the presentence report matches what the court was told.

       What the rule says 2 sources

       “The prosecutor and defense attorney may engage in discussions relating to pleas and sentences and shall engage in discussions about such matters as will promote a fair and expeditious disposition of the case, but except as hereinafter authorized the judge shall take no part in such discussions.”

       R. 3:9-3(a) · as code

       “On request of the prosecutor and defense counsel, the court in the presence of both counsel may permit the disclosure to it of the tentative agreement and the reasons therefor in advance of the time for tender of the plea or, if no tentative agreement has been reached, the status of negotiations toward a plea agreement.”

       R. 3:9-3(c) · as code

    2. P2 Plea agreement on the record

       Clock: At the plea hearing; an extended-term motion at or before the plea

       The deal is spoken into the record in open court when the plea is entered: which counts the defendant pleads to, which are dismissed, what sentence the State will recommend, and anything the judge has indicated. A promise not to appeal does not take the appeal away; it lets the State undo the deal if the defendant does appeal. From here the case goes straight to sentence.

       What the rule says 3 sources

       “When the prosecutor and defense counsel reach an agreement concerning the offense or offenses to which a defendant will plead on condition that other charges pending against the defendant will be dismissed or an agreement concerning the sentence that the prosecutor will recommend, or when pursuant to paragraph (c) the defendant pleads guilty based on indications by the court of the maximum sentence to be imposed, such agreement and such indications shall be placed on the record in open court at the time the plea is entered.”

       R. 3:9-3(b) · as code

       “Whenever a plea agreement includes a provision that defendant will not appeal, the court shall advise the defendant that notwithstanding the inclusion of this provision, the defendant has the right to take a timely appeal if the plea agreement is accepted, but that if the defendant does so, the plea agreement may be annulled at the option of the prosecutor, in which event all charges shall be restored to the same status as immediately before the entry of the plea.”

       R. 3:9-3 · as code

       “Where the defendant is pleading guilty pursuant to a negotiated disposition, the prosecutor shall make the motion at or prior to the plea.”

       R. 3:21-4 · as code

    Rejoins. Back on the main line at Cr9.

13. Cr9 Sentence

    Clock: Without unreasonable delay; extended-term motion within 14 days of the plea or verdict

    After the verdict or the plea comes the presentence report, then the sentencing hearing. The defendant must be present, and before passing sentence the judge asks the defendant personally whether they want to say anything or offer anything in mitigation. A State motion for an extended or enhanced term is due within fourteen days of the plea or verdict. Probation comes with a warning of what revocation costs. The judgment of conviction is the paper the appeal clock runs from; the pretrial intervention and plea rails both end here.

    What the rule says 3 sources

    “Sentence shall be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue, impose or alter the conditions of release, regardless of whether the defendant is an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq.”

    R. 3:21-4 · as code

    “Sentence shall not be imposed unless the defendant is present or has filed a written waiver of the right to be present. Before imposing sentence the court shall address the defendant personally and ask the defendant if he or she wishes to make a statement in his or her own behalf and to present any information in mitigation of punishment.”

    R. 3:21-4 · as code

    “A motion pursuant to N.J.S.A. 2C:44-3 or N.J.S.A. 2C:43-6(f) for the imposition of an extended term of imprisonment, or a motion for enhanced sentence pursuant to N.J.S.A. 2C:35-8, shall be filed with the court by the prosecutor within 14 days of the entry of the defendant's guilty plea or the return of the verdict.”

    R. 3:21-4 · as code

14. Cr10 Appeal

    Clock: 45 days from entry of the judgment of conviction

    The hand-off to the Appellate Division. A notice of appeal from the judgment of conviction and sentence is filed within 45 days of its entry; the appeal rail on this page picks the case up from there. A detention order has its own seven-day clock, above. A defendant whose lawyer never filed the appeal that was asked for can get the clock restarted through post-conviction relief.

    What the rule says 2 sources

    “appeals from final judgments of courts, final judgments or orders of judges sitting as statutory agents, and final judgments of the Division of Workers’ Compensation shall be filed within 45 days of their entry.”

    R. 2:4-1(a) · as code

    “Direct appeals from judgments of conviction and sentences shall be filed within 45 days of entry of trial court orders granting petitions for post-conviction relief pursuant to R. 3:22-11 under the limited circumstances where defendant has demonstrated ineffective assistance of counsel in trial counsel's failure to file a direct appeal from the judgment of conviction and sentence upon defendant's timely request.”

    R. 2:4-1(a) · as code