Thursday, December 18, 2008

3:10-7. Effect of Determination of Motion

Except as provided in R. 3:9-3(f), if a motion is determined adversely to the defendant, the defendant shall be permitted to plead if the defendant has not previously pleaded but a plea previously entered shall stand. If an objection or defense specified in R. 3:10-2 is sustained and is not otherwise remediable the court shall order the indictment or accusation dismissed. If the court grants a motion to dismiss an indictment or accusation, it may also order that the defendant be held in custody or that bail be continued for a specified time pending the filing of a new indictment or accusation.