Time Limitations pursuant to N.J.S.A. 2c:1-6

drinking and driving, crime, disorderly persons offense, petty disorderly persons offense, drunk driving, dui, dwi, Time limitations, N.J.S.A. 2c-1-6, statute of limitations, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerTwelve years after an alleged incident, police arrested a man, took him from his home, and threw him in jail. Subsequently, a Union County grand jury returned an indictment against the South Plainfield man for murder and weapons offenses. Twelve years is a long time. Additionally, the victim died less than a day after the police found him shot in the head. Furthermore, authorities have not revealed to the media the reason for the 12 year delay. The only reason the State can get away with charging a man over a decade later is the statute that sets forth time limitations. What kind of evidence did the State spend all these years obtaining? Additionally, how good are their witnesses against this man? How well do they remember events from 12 years ago? Furthermore, how will this man track down defense witnesses? These and other questions create skepticism and doubt about the State’s case.
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Definitions, N.J. Criminal Code, N.J.S.A. 2c:1-14

Definitions

definitions, n.j.s.a. 2c:1-14In the New Jersey Code of Criminal Justice, these terms have the following definitions, unless a different meaning plainly applies:

Statute includes the Constitution and a local law or ordinance of a political subdivision of the State.

Act or action means a bodily movement whether voluntary or involuntary.

Omission means a failure to act.

Conduct means an action, omission, and Read more


Lesser Included Offenses under New Jersey Law

Lesser Included OffensesIn an unpublished opinion, the Superior Court, Appellate Division of New Jersey reversed a jury’s guilty verdict for a defendant charged with third-degree terroristic threats, second-degree burglary, and fourth degree stalking. State v. Jose Ortiz. The panel held the judge violated the doctrine of Lesser Included Offenses by failing to charge simple assault at trial.

The news story appeared on nj dot com. This post will summarize the legal doctrine the panel applied to this case. Read more